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Item 11- RS DPW Mt Vernon Rd Annexation
AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: 5/16/2022 Regular Meeting Melissa Carino, DPW 541.744.4068 5 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 0.41 -ACRES OF PROPERTY LOCATED AT 5423 MT. VERNON ROAD (ASSESSOR'S MAP 18-02-04-42, TAX LOT 800) AND A PORTION OF THE MT. VERNON ROAD PUBLIC RIGHT-OF-WAY ABUTTING THE PROPERTY. ACTION Conduct a second reading, and continued public hearing, and adopt/not adopt the following ordinance: REQUESTED: AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 5423 MT. VERNON ROAD (ASSESSOR'S MAP 18-02-04-42, TAX LOT 800) AND A PORTION OF THE MT. VERNON ROAD 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 WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ISSUE The City Council initiated a public hearing on an ordinance to annex 0.41 -acres of property located at STATEMENT: 5423 Mt. Vernon Road (Assessor's Map 18-02-04-42, Tax Lot 800), on the southern side of Mt. Vernon Road and west of Mt. Vernon Cemetery Road. The annexation request is due to a failing septic system, which created a health hazard to the residents. The Council conducted a first reading on May, 2, 2022, and is continuing the public hearing on May 16, 2022. 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 Findings of Fact 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 the date of its filing with the Secretary of State as provided by ORS 222.180, whichever date is later. The territory requested for annexation is located at 5423 Mt. Vernon Road (Assessor's Map 18-02-04- 42, Tax Lot 800), on the southern side of Mt. Vernon Road and west of Mt. Vernon Cemetery Road. The subject property is currently zoned Community Commercial (CC) with an Urbanizable Fringe Overlay (UF -10) applied, and it is located inside the City's Urban Growth Boundary. According to the 2021 Lane County Assessment and Taxation records the property has a total assessed value of $142,261. 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. 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 has already been executed by the applicant and will be executed by the City upon Council approval. Recommendation: The staff report findings show compliance with all the annexation criteria of approval listed in SDC 5.7-140. Therefore, City Staff and the Director recommend Council close the public hearing and take action on the ordinance on May 16, 2022. The Director recommends that Council approve this annexation request. JI I C 1T1[y1►1jWfikT1►A►N 811-22-000062-TYP4 Annexation 18-02-04-42 TL 800 5423 Mt. Vernon Rd. Richard Sorenson Attachment 1, Page 1 of 1 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 5423 MT. VERNON ROAD (ASSESSOR'S MAP 18-02-04-42, TAX LOT 800) AND A PORTION OF THE MT. VERNON ROAD 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 WILLAKENZIE RURAL FIRE PROTECTION 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 March 8, 2022, said territory being Assessor's Map Township 18 South, Range 02 West, Section 04, Map 42, Tax Lot 800, municipally addressed as 5423 Mt. Vernon 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 Community Commercial 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 Willakenzie Rural Fire Protection District as the 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 37 WHEREAS, the applicant has executed 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, which will be executed by the City upon City Council approval of the proposed annexation; WHEREAS, on May 2, 2022, the Springfield City Council conducted a public hearing then continued the public hearing on May 16, and the City Council is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request and withdrawal from the special district as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Willakenzie Rural Fire Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to effected State and local agencies as required by SDC 5.7-155. Section 4. 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 5. 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 2022, 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 37 day of 2022. Exhibit A, Page 1 of 2 EXHIBIT A NORTHWEST TIMBERLAND CONSULTING & SURVEYING, INC. LICENSED PROFESSIONAL LAND SURVEYOR 37036 HWY #58, PLEASANT HILL, ORE 97455-9785 PHONE OR FAX (541) 461-4076 A LEGAL DESCRIPTION FOR AN ANNEXATION TO THE CITY OF SPRINGFIELD, OREGON FOR TAX LOT 00800 OF TAX LOT MAP #18-02-04-42, BEING DEED INSTRUMENT #2007-055616, AND THE ADJOINING MT. VERNON ROAD (CR 315) RIGHT-OF-WAY, 9.0 METERS TO CENTERLINE. LOCATED IN THE SW'/4 OF THE NE'/4 OF SECTION 4, T18S, R2W, W.M. LANE COUNTY, OREGON APRIL 11, 2022 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE JOHN SMITH DLC NO 48. SAID CORNER BEING MONUMENTED WITH A 1977 2.75" BRASS CAP AS FILED IN THE LANE COUNTY SURVEYORS OFFICE (LCSO) AS PER REESTAB. #6590, LOCATED IN THE SW'/4 OF THE NE 1/4 OF SECTION 4, TOWNSHIP 18 SOUTH, RANGE 2 WEST, W.M., THENCE SOUTH 04'00'23" WEST 8.12 +/- FEET TO THE NEW REDESCRIBED CENTERLINE OF MT. VERNON ROAD (CR #315) (59.054 +/- FOOT RIGHT-OF-WAY (R -O -W)) AS DESCRIBED IN COUNTY SURVEY FILE (CSF) #35075 (SHEET 2/8) AS FILED IN SAID LCSO, SAID CENTERLINE STATION BEING LR 0+209.565 AND A POINT ON A CURVE; THENCE CONTINUING ALONG THE SAID CENTERLINE ON A 500.00 METER RADIUS CURVE TO THE RIGHT FOR 5.85 +/- FEET, THE LONG CHORD BEING SOUTH 85° 00' WEST 5.85 +/- FEET TO STATION LR 0+207.781 AND THE POINT OF TANGENT OF SAID CENTERLINE; THENCE CONTINUING ALONG THE SAID CENTERLINE SOUTH 84° 58' 16" WEST 139.70 +/- FEET TO STATION LR 0+165.201 OF CSF #35074 (1/8) AND THE NORTHEAST CORNER OF DEED INSTRUMENT #2007-055616 AS FILED IN THE LANE COUNTY OFFICE OF DEEDS AND RECORDS (LCOD&R) AND ALSO OF PARCEL #2 OF CSF #8874 BY ANDERBERG IN 1952 (ROTATED TO SAID CSF #35074) AS FILED IN SAID LCSO, AND THE TRUE POINT OF BEGINNING (POB) OF THIS DESCRIPTION: THENCE CONTINUING ALONG THE SAID CENTERLINE SOUTH 84° 58'16" WEST 159.61 +/- FEET TO A POINT BEING CENTERLINE STATION LR 0+116.551 OF SAID CSF #35074; THENCE LEAVING SAID CENTERLINE, SOUTH 0'01'29" WEST 29.66 +/-FEET TOA POINT BEING ON THE NEW SOUTHERLY 9.0 METER (29.527 FEET) RIGHT-OF-WAY (R -O -W) FROM CENTERLINE STATION LR 0+115.762 OF SAID CSF AND REFERENCED WITH A 5/8" I.R. NORTH 0'42'10" WEST 9.64 +/- FEET AS ORIGINALLY SET ON THE 20 FOOT SOUTHERLY R -O -W IN CSF #8874 AND FOUND IN SAID CSF #35704; THENCE CONTINUING SOUTH 0'01'29" WEST 100.84 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL #2; THENCE ALONG THE SOUTH LINE OF SAID PARCEL #2, NORTH 89° 58'31" EAST 159.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING THE SAID SOUTH LINE OF PARCEL #2, NORTH 0° 01'29" WEST 114.76 +/- FEET ALONG THE EAST LINE OF SAID PARCEL TO THE NEW SAID SOUTHERLY 9.0 METER (29.527 FOOT) R -O -W BEING STATION LR 0+164.412 OF SAID CSF AND REFERENCED WITH A 5/8" I.R., Attachment 2, Page 3 of 37 Exhibit A, Page 2 of 2 NORTH 1°45'22" EAST 9.55 +/- FEET AS ORIGINALLY SET ON THE 20 FOOT SOUTHERLY R -O -W IN CSF #8874 AND FOUND IN SAID CSF #35074; THENCE LEAVING THE SAID SOUTHERLY R -O -W AND CONTINUING NORTH 0'01'29" WEST 29.65 +/- FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION, ALL IN LANE COUNTY, OREGON. SAID DESCRIPTION CONTAINS 21,780.0 SgFt OR 0.50 +/- ACRES, WITH 0.11 +/- ACRES IN R -O -W. NOTE: REEL #2426, PAGE #98-43477 IN 1998 AMENDS REEL #1124, PAGE #81-10385 IN 1981 TO 9.0 METERS (29.527 FEET) FROM 30.0 FEET, WHICH AMENDED THE ORIGINAL 20.0 FOOT R -O -W IN 1952 OF THE SOUTHERLY R -O -W FROM CENTERLINE OF MT. VERNON ROAD (CR #315). - 1 019-38 19-15 Attachment 2, Page 4 of 37 18020442 I �I 18020442 N.W.114 SE -1/4 SEG. 4 T.18S. R.2W. W.M. Lane County 584.55•1s•w.1 111 FT. ®' 1•=100' CW RSE Sl IIlr i f D CLLR � COl1RSEK - .. ac rc p � aap I f a�sc COURSEk3 NORTH 0'01'29• WEST 29.85 Fr. I w NaRTHo•oize• wesr na.�a Fr. + NORTH _ a 89°ouRS— T 159.00 FT. COARSE RS ! OFTHE HE 114 g i• 73 :1F r1E SE 114 osewd _ aaw.. 1 $ a xl 2O� ru tl �Ip J � - 1 019-38 19-15 Attachment 2, Page 4 of 37 18020442 I �I 18020442 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Exhibit B, Page 1 of 18 SP GFIEL 131 Annexation Application Pre -Submittal: ❑ Annexation Application Submittal: V Property owner: Richard M. Sorensen Phone: 541--207 Address: 127144 Irish Bend Loop, Halsey, Or 97348 Fax: el ineg7348@gm il.cor E-mail: Owner Signature: Owner Signature: Agent Name: Elaine Sorensen Phone Company: Fax; Address: 'urns E-mail Agent Signature: ' .I Existing Use(s) Residential of Property: Proposed Use Residential of Property: Case No.: 11 811-22-000061 -TYP4 FDte: Application Fee: 13857.96 Postage Fee: Revised 4/$/14 BJ Attachment 2, Page 5 of 37 Reviewed By: initials Total Fee: 4709.65 Page 8of17 Exhibit B, Page 2 of 18 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 Owner: timelines, information, requests and requirements conveyed to my representative. Signature Print Submittal Owner: Date: I represent this application to be complete for submittal to the City, Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Date: Sign3/05/2022 ature Richard M. Sorensen Print Revised 4/8/14 B7 Page 9 of 17 Attachment 2, Page 6 of 37 Exhibit B, Page 3 of 18 February 14, 2021 VVritten Narrative regarding Application for Annexation 5423 Mt. 'Vernon Road, Springfield, Oregon 97478 Thank you for considering this application far annexation to the City of Springfieid_ This small single family residential home was built in 1958 and has moon continuously used as a residence since that time. We purchased this as a rental property in 2007 and have continued with the same tenant as was residing in the {property at that time. This winter we have had probierna with the septic system Overflowing. We had it pumped #wice within abut 10 day period because the ground water was overwhelming the system. The tank is 500 gallons and Best Septic reports that the baffle is no longer in place. It appears to be the original tank. Due to the unmanageable situation, the tenant used a Duck toilet during the balance of the NO water this winter. We hope to avoid these issues in the future. A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits separated only by a public right of way. See Attached map- Exhibit A B. As a single residential family home in an area of developing residential homes, this proposed annexation is consistent with applicable policies in the metro plan and any applicable refinement plan or plan districts. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly and timely man Per. In addition to subd1visions of newer homes in the near vicinity, this was verifiers at the DI M meeting as quoted " l`IREISAFETY: Property 1s only a min response time away fram'the nearest fire station and existing hydrant is sufficient. • Property owners can contact SUB Water and Electric Divisions when ready to connect." D. Where applicable fiscal impacts to the city have been mitigated through a signed annexation, agreement or other mechanism approved by the city council. Addressed in annexation agreement. Attachment 2, Page 7 of 37 7 R W �=hh tt YF � W L Cfi ,a (9 yt z 0 0 w iS � ..i L 6� z IfY C) # i} � u w� Q JU0 E O U'o- 6 uA Y CL 4 r C lu z C cOil IFi ri r3 I+j � ill v ZL ¢ N Azi w x Attachment 2, Page 8 of 37 Exhibit B, Page 4 of 18 roti c `nM E w I a q C _� U LA 4 M f4 QS it q` �qO.,S'� 4. rL "a ro C M G C �Cn C � C6 M w2�Q� Q, Z rL o� a LL 0� H 90 a d CLDp 1H rya' u 2 fl 10 X M '10 C to �1 C m 41 0 L N 8 .1 C L � � C S4 a Fr Exhibit B, Page 5 of 18 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petitie n ) (Please include the na me and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation (Mapflat number) (dame of € caner Acres Assessed Value Imp, Y { N Signed Yes Signed No ACREAGE SIGNED FOR y 4 f PERCENTAGE OF ACREAGE SIGNED FOR TOTAL VAWE IN THE PROPOSAL. VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR � 777 TOTALS: 777 ) TOTAL NUMBER OF OWNERS IN THE PROPOSAL. NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED � 0a TOTAL ACREAGE IN PROPOSAL 0, q ACREAGE SIGNED FOR y 4 f PERCENTAGE OF ACREAGE SIGNED FOR TOTAL VAWE IN THE PROPOSAL. VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR � Revised 4{8{14 eJ 14 of 17 Attachment 2, Page 9 of 37 Exhibit B, Page 6 of 18 FORM 3 SUPPLEMENTAL INFORMATION FORM (Compiete, all the following quesVops and provide afi the requested intbrmatron. Attach arry responses that requim additional .space, restating the quesNan ar reque-Ft lk�r informaUan on additOnai sheefs.j Contact Person: _ C.t I- fL � S -e E-mail: Supply the following informati-on regarding the anrtexation area. * Estimated Population (at present) : * Number of Existing Residential Units: 1' Other Uses: Land Area: r�rr total acres Existing Plan Designation(s) * Existing Zoning(s): w CIO - Existing Land Uses): r f _S * Applicable {Comprehensive Plan(s): F Appiicable Refinement Plan(s): ■ Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement pians. Are there development plans associated with this proposed annexation? Yes No If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes � Na ■ Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). v' Revised 4/6114 BJ Page 15 of 17 Attachment 2, Page 10 of 37 Exhibit B, Page 7 of 18 Does th-is alication €r�clude all contiguous property un&!r tt�e same €)wnership� Yes -7 N0 If no, state the reasons why all property is not included Check the special districts and others that provide service to the annexation area ❑ Glenwood Water District ❑ Fugene School District 7( Springfield Scheel District ❑ Pleasant Hill RFPD 1 EPU D ❑ Willamalane Parks and Rec District ❑ Rainbow Nater and Fire DIstrict Q Pleasant Hill Scheel District ❑ McKenzie Fire & Rescue 0 WIllakenzie RFPD 'SUB U Other Names of persons to whom staff notes and notices should be seat, in addition to applicant(s), such as an agent or €egal representative. (Name) (,address) PW (zip) (N,ame) (Address) (City) (zip) (Name) (Address) (city) (ZIP) (Name) (Address) (city) (zip) Devised 4/8/14 BJ Page 16 of 17 Attachment 2, Page 11 of 37 Exhibit B, Page 8 of 18 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,: I �?- 0'� `7 /) k -PPP f, I Ira ,SP�j0'.O ON 97 V Map and Tax Lot Number Street Address of Property ( if address has beer assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) sof the property described above understand the annexation process can take more than one year but desire to annex tc have City services. Therefore, we agree to waive the one --year time limitation on this petition to annex established by Oregon Revised Statutes 222.1731 and further agree that this contract shall be effective ki indefinitely or [ ] until Date Sianatures of Legal {owners Please print or type game sl natal re Dake Signed gchorol soY-,pws"e = —�- ICOG: is19024M30YWM,AWWTRANSMONLVAifCA716A' JP-P,,3-"UPPAWFORM5) PRE -SL&MR-TAL ANAEdAl!{1W4KU CA7'A0.428.6Pli ..DX Iesr ,Saved; _RwiwJy 2S; Wi6 Revised 418/14 Ba Page 17 of 17 Attachment 2, Page 12 of 37 Q7-07-2027 TO 06-30-2022 REAL PROPERTY TAX STATEMENT LANE COUN'T'Y 12:5 E. 9TH AVE. EUGENE, OR 97401 9 of 18 www.111ancoourkty.orglat r— - – ADDRESS: PROPERTY GLASS: TAX QODE AREA: MAP § TAS{ LOT: 101 01938 ACnES; 18-02-04.42 JO080D SORENSEN RICHARD M 27144 IRISH BEND LOOP HALSEY, OR 97348 VALUES AS OF 4110112021 REAL MARKET VALUE LAND -FRUOTURES TOTAL M5 SPECIAL ASSESSED VALUE M5 REAL MILT VALUL ASSESSED VALUE EXEMPTIONS TAXABLE TVALUE I- - - -- - NATIONSTAR MTG 1-1-0 CASA MR CO IIarn."rkaac LAST YEAR THIS YEAR 109,196 105,245 119,138 143,3T2 228,334 248.517 0 0 228,334 248,617 138,118 142,2£1 0 0 138,118 142,281 MORT13AGE 00 - AIT 8001 841 LAST YEAR'S TAX See hank for expi-anation of taxes marked with CURRENT TAX BY DISTRICT U Springfield School District U Lane Educatlan Seruir$ Dist U Lane C-ornmunity College Education Totals: W�Ilakenzie RFFD LJ Upper Wfilametle Soil 3 Water LJ Lane County Lane County Public Safety LC Lane County 4-1-I /Extension LO General Cavernment Tc cats: U Lane Cornmunily College Bond Ili LJ Lana Community College Bond JI Springfield Scho-ol Dist Bond II Bonds - Other Totals: G30,P7 31-75 86.07 780.Uq 4M31 9-983 181-95 7&.24 x.98 71 GAS 15.59 32-15 164.87 21 2.2 1 U g ❑m any rEiys yokir taxes, this statement is for your records only- -- - TAS{ PAYMENT OPTIONS (Sea back at zlaternenk for pgnient instructions} Pay By Discount Net Amount Clue In Full 11/115{2021 51,08 1,851.70 i 20:?1.2022 TAXES BEFORE DISCOUNT 1,702-7$ 213 11115/2021 22.70 1,112.49 .1/3 1111512021 None — — 567,60_ �AL AS{ (After Discount) 1r16 Tear Here — — — — PLEASE FiETupt THIS P6RTI4N WIVE YCU-R P,�YhAEN-F -- — — — — Tear Here A Tax Year 2021-2022 F pay In Full 213 Pay By 11/1512021 1111512021 Discuunt % 3% 2% ACCOUNT #: 0661041 Discount Amt 51.05 22.7() Nall Amount Due 1w,01.7t} 1 112 49 - ANINVII11111.111 111 Enter Payment Amount 1 ! 3 r111$l2021 Nary None �58T.fa0 TOTALS INCLUDE DELIJNOUr;NT TAXES, IF ANY. DISCOUNIT OS LOST & INTEREST APlPLIES AFTER 1)UE DATE. L_ .._. Il IIIIIII IIII IIII�I�l�lll� FI II Illil�l�l�l'lil�llllll�l� I�IIIICI� III VIII II �fllll ILII IIIII�Illlii II Please make rheDks payable to: 1 d3�a Lanae County Tax Collector SORENSEN R101HARD M PO Box 10526 27144 IRISH BEND LOOP Eugene, OR X7440-2525 HALSLY, OR 97348 Maili"addresschangeonback 20bdBC1056 ❑4�EEdd7,65��D00©0711 49000U[156`160�I Attachment 2, Page 13 of 37 6 Exhibit B, Page 10 of 18 Lh fk1 as Ajajaw2alucK.ua y 4gem@t$ry Fico r� S P Attachment 2, Page 14 of 37 Zone & flan Maps, Exhibit B, Page 11 of 18 o h�T L ESS .N w ri • i} v 61S Esh, H€.R€., Gar•rrir7, (c) OPOFIStree.,. 1 Attachment 2, Page 15 of 37 City of Springfield, Oregon 18t�2044200800 XC� s S�)nvq semrrh rc,sults ioc Z kto2G... f 5 Th 4k, -L i � r-5 C 0 5�� / � U-" au" houAda , Springfi Exhibit B, Page 12 of 18 Ln Pinehl" $t C. -ed nr ! r.-- I I 1 . , . y S ci nd hyla nagemeni, Attachment 2, Page 16 of 37 Plarwint Way Approx- iocatie n of existing sewer stub (P31025) L Exhibit B, Page 13 of 18 k VI tdX./_— z 811 Sewer maim F 27" sewer• trunk Sine t-ano Co W Right-cf-�ltil�y Attachment 2, Page 17 of 37 0IL ` e b a +J1fflMkFAIW J Exhibit B, Page 14 0 ]S z � , c � ( a 5423 3422 1i37 D( y :5411 ® ° �E 9 7 $ 543, .54.5-E o B4 : k ® ( j r m \ : § m m U) n , I �0 P § Attachment 2, Page 18 0 37 After wording reorn t0,, First American Title 609 Country Club Rd. Eugene, OR 97401 Untll a change is requested all tax sWarinen,s shalli be seat to the fullornng address: Richard M. Sorensen File No.; 7194-1080380 ($M3) Date: August 06, 7007 Exhibit B, Page 15 of 18 0;OKLan of Ohlef Deputy Clerk Laine County Deus and Records (�I 11111 I [I I111 III 11111111111111111111111111111 $4E.00 ,21023337821307i11O35616 O 3 DIA1;41 Fit RPR -DEED Cnte1 Stn -8 CASHIER 01 $25.00 $11.00 S1O.110 STATUTORY WARRANTY DEED Vesta Riddle, Grantor, conveys and warrants to RicFtiopird M. Sorensen , Grantee, the following described real property free of liens and encumbran-ces, except as specifically set forth herein,: See Legal Description attached hereto as Exhibit A and by this reference incorporailwl herein. Subject ta: 1. The 2007-2008 Taxes, a lien not yet payable, 2. Covenarlm, conditions, restrictions and/or easements, if any, affecting title, whi6 may appear in the public record, including those shown on any recorded plat or survey. The trule r-*rt5ideration for this conveyance is $111r2O0.00. {Here €QmAy with requiremerrtS 01'OkS 93 030 Rage i ar '. Attachment 2, Page 19 of 37 APN:0561M 5 ahnory Wananty+ Died • acnMued Exhibit B, Page 16 of 18 File NO.: 1144.1490UP (SM ) Dabs; 06,106 (2007 BEFORE SIGNING OR AUCEMNIG THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULI) INQUIRE ABOLIT THE PERSON'S RIGHTS, IF ANY, UNDER URS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LANE USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTIIIG THIS INSMUMENT+ THE PERSON ACQUIRING FEE TITLE TO THE PROPER7V SHOULD CHECK W17H THE APPROPRIATE CITY OR COUNTY PLANNING, DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON 1AWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEDGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Dated this day ofAx USE: 0�. r Vesta Riddle Y _ (ENW M. MESA STATE OF Cain # 1762921 Yr MUT'AT PAdv-C&w-Qno ^, X55, kh ow WO 4umun 241E Ccunty of This Instrument was acknowledged before me on thi f day of 20 O by Vesta Riddle. Notary Public for My commission expires: Page 2 of 3 Attachment 2, Page 20 of 37 X4'1 Exhibit B, Page 17 of 18 APN= 0561041 SWtvtvxy Warranty dosed W No,: 7194-MOSea (5 K3) - cantinued Gate; D610612007 EXHIBIT A LEGAL DESCRIPTION: BEGINNING AT THE NORTHWFST CORNER OF THE JOHN SMITH DONATION LAND CLAIM NO. 48, IN SECTION 4, TOWNSHIP 15 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, TI-�ENCE SOUTH 8.00 FEET To THE CENTER OF COUNTY ROAD AS NOW TRAVELED; THENCE ALONG THE CENTER LINE OF SAID ROAD SOLTH 85¢ 00' WEST 145,55 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE CENTER LINE OF SAID ROAD SOUTH 551' 00' WEST" 159.61 FEET; THENCE SOU7H 130.50 FEET; THENCE EAST 159.00 FEET, THENCE NORTH 144.38 FE FT TO THE TRUE POINT OF BEGINNING., IN LANE COUNTY, OREGON. EXCEPT THOSE PGRTiONS CONVEYED TO LANE COUNTY BY DEED RECORDED MARCH 10, 1981+ RECEPTION NO. 81-10385 ANIS BY DEED RECORDED JUNE 05, 1998, RECEPTION NO. 98-43477, OFFICIAL RECORDS OF LAME: COUNTY, OREGON. Page 3 of 3 Attachment 2, Page 21 of 37 MAF NO. 18-02-04-42-00800 T VEKry f- F 1,03 'j,900 5 23776 0 4 O Exhibit B, Page 18 of 18 5423 MT, VERNON ROAD INT r -t_1 DLC 47 RDN am 0.39 L+a T 1" = 100' i NVtiI COR I ,� SMITH y I ! CJL 48 I I 700 h � F 4.95AC 0 1 II I F� I f 9�31 THIS MAP 15 TO ASSIST LOCATING PROPERTY. THE COMPANY ASSUMES NO LWRjJ ITY FOR INACCURACIES. (LE rgrepn Larod litleCa, .,4T.741.9961 `S`s rgreenLandTrtle.cnrn FX9,0,,; Attachment 2, Page 22 of 37 TYPE IV — ANNEXATION STAFF REPORT AND FINDINGS OF FACT File Name: Mt. Vernon Road Annexation Applicant: Richard Sorensen Case Number: 811-22-000062-TYP4 Proposal Location: 5423 Mt. Vernon Road (Assessor's Map 17-03-14-00, TL 1500) Current Zoning & Comprehensive Plan Designation: Community Commercial (CC) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal Date: March 8, 2022 Exhibit C, Page 1 of 7 �r"rLlr�C�t=1t�i] tV OREGON ' Mt. Vernon Road .1 Associated Applications: 811 -22 -000019 -PRE (Development Issues Meeting); 811 -22 -000038 -PRE (Pre -Submittal); 811-22-000050-TYP1 (Non -Conforming Use Determination and Continuance) 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 Gilbert Gordon 541.726.2293 Building Official Building Chris Carpenter 541.744.4153 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 February 3, 2022 (Case 811- 22 -000019 -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." Attachment 2, Page 23 of 37 Exhibit C, Page 2 of 7 Finding: The property owner, who owns all the land and real property, and full assessed value of real property in the subject 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 proposed annexation area consists of the 0.41 -acre subject property with an existing residence and a portion of the Mt. Vernon Road public right-of-way (ROW), which is the area abutting the subject property to the center line of the ROW. The property is located on the southern side of Mt. Vernon Road and west of Mt. Vernon Cemetery Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is only separated from Springfield city limits by the Mt. Vernon Road public ROW. Zoning for the property is Community Commercial with an Urbanizable Fringe Overlay (UF -10). According to the applicant's submittal, the primary purpose of the annexation request is to have the existing residence connect to public sanitary sewer and public water due to a failing septic tank, which created a health hazard to the ground water and the existing on-site well. The applicant proposes to extend the sanitary sewer to their property from the north side of the Mt. Vernon Road public right-of-way. A public sanitary sewer line stub would be extended to serve the existing residence. The applicant will be responsible for improving the Mt. Vernon Road frontage of the property at the time of future development. For this reason, an Annexation Agreement was prepared for execution by the applicant 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 Community Commercial (CC) zoning districts in accordance with SDC 3.2-415. Because of the underlying CC zoning of this property, the applicant submitted a Non -Conforming Use Determination and Continuance application (Case 811-22-000050-TYP 1) on February 23, 2022 and obtained City approval on March 9, 2022. 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 from the existing onsite well, fire protection from the Willakenzie Rural Fire Protection District, and electricity from Emerald People's Utility District (EPUD); however, the Springfield Utility Board (SUB) operates the existing water utility infrastructure along the Mt. Vernon Road site frontage. Unincorporated properties in the vicinity are served by individual wells. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer, water (through SUB), and police/fire response (through Eugene/Springfield Fire) to the subject area. Based on a 2005 Oregon Supreme Court decision (Springfield Utility Board v. Emerald People's Utility District, 339 Or 631, 633), electric service will still be provided by Emerald People's Utility District (EPUD) as the subject property is located in an existing EPUD service area for Lane County. 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 initially mailed April 4, 2022, but it unfortunately had the wrong public hearing date listed. A second, revised notice was mailed April 18, 2022, which is at least 14 days prior to the public hearing date. This mailing went 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 (Willakenzie Rural Fire Protection District, Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, EPUD, 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 811-22-000062-TYP4. Attachment 2, Page 24 of 37 Exhibit C, Page 3 of 7 Newspaper Notice. Notice of t h e M a y 2, 2 0 2 2 public hearing was published in The Register- Guard on April 7' and April 24'. Posted Notice. A total of 4 notices were posted for the May 2, 2022 public hearing. Notice was posted on the Department of Public Works' Digital Display in City Hall on April 11th, and the notice was also posted on the City's website on April 20t'. Two notices were also posted along the subject property's Mt. Vernon Road street frontage on April 19th, and a notice was also posted in the City Hall lobby on April 20" Finding: Upon annexation of the subject territory to the City, the underlying Community Commercial (CC) 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 March 15, 2022, to meet the state requirements of a 35 -day advance notice of a public hearing. Finding: Staff did not receive any written comments from the public on this application prior to the initial April 18' deadline for preparing the staff report. No written comments were received before or at the May 2nd City Council meeting. All comments, if any received, will be incorporated into the presentation and continued public hearing for this annexation request. Finding: SDC 5.7-130.0 requires that notices of the public hearing shall be posted in 4 public places in the City for 2 successive weeks prior to the hearing date. While the Digital Display posting meets the requirements, the other public notices did not. Conclusion: Because the requirements of SDC 5.7-130.0 were not met for the May 2 public hearing, City staff recommended the City Council continue the public hearing for this annexation request to their next meeting on May 16, 2022. City Council continued the public hearing to May 16, and all state notice requirements are now met. Public Hearing (SDC 5.2-100): This annexation request was presented to the City Council at their regular meeting on Monday, May 2, 2022. City Council also conducted a public hearing after the presentation. Springfield Utility Board Chair Mike Eyster of Ward 2, spoke neither in favor of or against this annexation request. Following a Councilor inquiry about why EPUD would continue serving the subject property for electric service rather than SUB Electric, Mr. Eyster requested that City staff investigate the reasoning behind that. The City Attorney's Office had advised that state law allows EPUD to continue serving properties in their service area even after annexation to City limits. In Springfield Utility Board v. Emerald People's Utility District, 339 Or 631, 633 (2005), the Oregon Supreme Court held that the Springfield Utility Board, acting on behalf of the City of Springfield, did not have legal authority to exclude Emerald People's Utility District (EPUD) from serving an area newly annexed to the city, when that area fell within an area that the Public Utility Commission of Oregon (PUC) previously had allocated to EPUD as part of EPUD's exclusive service territory. The statutory and constitutional authorities discussed in the Court's holding are still the current law of the State of Oregon. Therefore, because the subject property is within EPUD's exclusive service area allocated by the PUC, it will remain served by EPUD following annexation by operation of state law. 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. City staff conclude that the staff report findings show compliance with all the annexation criteria of approval listed in SDC 5.7-140. Attachment 2, Page 25 of 37 Exhibit C, Page 4 of 7 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 is separated from Springfield city limits by the Mt. Vernon Road public right-of-way at the northeast portion of the subject property. Therefore, this annexation application meets the statutory requirement for annexation 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. As explained 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 Community Commercial (CC) 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 Willakenzie Rural Fire Protection District. The rural 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 Willakenzie Rural Fire Protection 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 official annexation approval. 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 Attachment 2, Page 26 of 37 Exhibit C, Page 5 of 7 with City. Due to the health hazard and because the applicant already signed off on the Annexation Agreement (Attachment 2, Exhibit D), the applicant already connected or is in the process of connecting to new urban services such as SUB water service and the public sanitary sewer. If this annexation request is approved, the subject property will be provided with new urban services from Eugene/Springfield Fire Protection and the Springfield Police Department. 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) with all the required forms, and an Annexation Agreement has been prepared for execution by the City upon Council approval. 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 separated by City Limits to the northeast across from the Mt. Vernon Road public right-of-way. Urban utilities including sanitary sewer, electricity, and water service, have been extended within the Mt. Vernon 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 commercial 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. Due to the health hazard situation, the applicant already connected to SUB water service after the Annexation Agreement was signed. SUB states that there is enough capacity for the existing water connection to serve the current residential use as well as potential future commercial 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 Community Commercial (CC) Use Categories listed in SDC 3.2-310. (SUB Water Representative: Keoki Lapina, KeokiLksubutil.com) Electricity — SUB provides electric service to most neighborhoods in Springfield within incorporated areas of Springfield; however, this area is served by Emerald People's Utility District (EPUD) electrical service. EPUD owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical system infrastructure within the Mt. Vernon Road public right-of-way will continue to provide service to the subject property and continue to be maintained by EPUD. The existing EPUD infrastructure is designed to meet the capacity needs for both residential and commercial 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 Commercial Use Categories (SDC 3.2-310). (EPUD Electric Representative: Debbie Jenkins, DebbieJkepud. org) Attachment 2, Page 27 of 37 Exhibit C, Page 6 of 7 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 Sheriff's Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with the Willakenzie Rural Fire Protection 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. Library 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 on the north side of Mt. Vernon Road. It consists of an 8-12" main service line that runs eastward to the South 55' Street intersection. The property is zoned Community Commercial (CC). The existing 8-12" main has sufficient capacity for both the current residential use on this lot and the surrounding lots as well as potential future commercial development permitted in CC zoning. 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 currently served by public stormwater management system facilities along the southern side of the Mt. Vernon Road public right-of-way. Extension and expansion of the public stormwater system is not yet planned for this vicinity, and additional stormwater runoff must be managed and mitigated on site. An existing public storm sewer system is also located on the northern side of the Mt. Vernon Road public right-of-way, but the applicant does not plan to increase impervious surfaces at the subject site so no additional stormwater management is required at this time. Streets — The Property has legal and physical access to Mt. Vernon Road. Mt. Vernon Road is classified as a major collector and is not improved to current City standards. Currently, the street provides adequate access for the existing residential use. Full improvements to Mt. Vernon Road per clause 1. 1.2 in the signed Annexation Agreement will be required at time of development consistent with zoning. In addition to the subject property, a portion of the Mt. Vernon Road public right-of-way (ROW) - from the subject property's northern boundary to the ROW center line - is also proposed for annexation. With annexation, the applicant will be responsible for improving the segment of Mt. Vernon Road along the northern boundary of the Attachment 2, Page 28 of 37 Exhibit C, Page 7 of 7 subject property as will provided in the Annexation Agreement, and the City of Springfield will take on jurisdiction of that portion of the Mt. Vernon Road ROW. 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 adequate information regarding the availability and capacity of key urban facilities and services as defined in the Metro Plan, the proposal and the findings above 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 has already been executed by the applicant in order to connect to SUB water services and the public sanitary sewer system. Upon annexation approval by City Council, the agreement will need to be executed by the 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 Willakenzie Rural Fire Protection District for fire protection service. Consistent with SDC 5.7-160, notice was provided and a public hearing is scheduled for May 2, 2022. The withdrawal from the Willakenzie Rural Fire Protection 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. Thus, withdrawal from the Willakenzie Rural Fire Protection District is in the best interest of the City. Attachment 2, Page 29 of 37 Exhibit D, Page 1 of 8 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Richard Sorensen ("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 submitted an Annexation Pre -Submittal application on February 23, 2022, and will be submitting to the City a request for Annexation for Assessor's Map No. 18-02-04-42 Tax Lot 00800, which is currently municipally addressed as 5423 Mt. Vernon Road and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. At the time of annexation, the Property will also be annexed into the Willamalane Park & Recreation District, and the property owner must pay Willamalane's applicable system development charges. D. The Property is inside the recognized Urban Growth Boundary 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 Community Commercial (CC). 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 Spring field 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 is currently available to the Property for both the current non -conforming residential use and any future permitted commercial development. 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, water and electrical service, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT — Page 1 of 8 Attachment 2, Page 30 of 37 Exhibit D, Page 2 of 8 G. A public sanitary sewer system with sufficient capacity to serve the Property and future commercial development on both the Property and in the vicinity of the Property is necessary to support a fording that this key urban service is available to serve the Property. An existing public sanitary sewer system is located along the north side of Mt Vernon Road. It consists of an 8" main with no existing laterals extended to the Property. The property is zoned Community Commercial. While the existing 8" main already has sufficient capacity for the current residential use on this lot, the main also has sufficient capacity to serve future commercial development on the Property. • No existing sanitary sewer service connection is extended to the Property. The applicant will be responsible for installing the connection across Mt Vernon Road and repaving the public right-of-way. City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within, deemed a sewer capacity analysis consistent with the City of Springfield Engineering Design Standards and Practices Manual (EDSPM) Section 2.02.2 is not required. No future conforming use would increase demand on the system beyond 5,000 gpd or 10% of downstream capacity as planned in the Wastewater Master Plan. Currently, the subject property is served by a failing septic system. H. A public stormwater management system with sufficient capacity to serve the Property and future commercial development on both the Property and 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 storm sewer system of culverts and channels exists along the south side of Mt Vernon Road that drains over land to the west under the existing Railroad line and Jasper Road. The storm system has the capacity to serve the Property and its existing use. • City Staff determined that any increase in impervious area on the Property and surrounding parcels for permitted uses will require a drainage report and mitigation measures relevant to that increase as per the City of Springfield EDSPM and the City of Eugene Stormwater Management Manual. I. An interconnected transportation system with the existing and possible future commercial development on and in the vicinity of the Property is required in order to provide access and provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Mt Vernon Road along the north frontage of the lot and currently has a single unpaved driveway to this road. Mt Vernon road consists of an asphalt mat without further urban improvements of curb and gutter, sidewalk, and street trees. ANNEXATION AGREEMENT — Page 2 of 8 Attachment 2, Page 31 of 37 Exhibit D, Page 3 of 8 Springfield Utility Board (SUB) provides both water and electric service to most properties within City limits. However, SUB Electric does not have any infrastructure for the Property and the nearby vicinity. The availability and capacity of these key urban services (water, electric) are required to serve the Property. The Property currently receives water service from an onsite well, and fire protection is provided by the Willakenzie Rural Fire Protection District. SUB will provide water service to the Property after the annexation is officially approved and will install a SUB water meter. SUB has a 16" water line running east -west on Mt Vernon Road and with enough capacity to serve the Property for its existing residential use and future commercial development on the Property. • Emerald People's Utility District (EPUD) currently provides electrical service to the Property and will continue to provide service after annexation. While the current EPUD connection is enough for the existing residential use, EPUD also has single, two, and three phase high voltage infrastructure nearby to serve future commercial development on the Property and 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 must 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. ObliLations 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 must maintain the existing driveway location and width in its current configuration until property redevelops to a conforming use for Community Commercial zoning. 1.1.2. Property Owner of this parcel must fully improve the parcel's street frontage along the southern side of Mt Vernon 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 or other development permit is approved that conforms to the existing Community Commercial zoning. There are not applicable transportation system development charges for this annexation request. 1.1.3. Property Owner of this parcel agrees to connect to the existing public sanitary sewer system and decommission the existing septic system for the existing non -conforming dwelling. The Property Owner must also pay all applicable system development charges and sewer in -lieu -of assessment fees for connecting to the City's public ANNEXATION AGREEMENT — Page 3 of 8 Attachment 2, Page 32 of 37 Exhibit D, Page 4 of 8 sanitary sewer system. The applicable system development charges and fees will be assessed when plumbing permits are issued, and the Property Owner must pay these before decommissioning the existing septic system and before connecting to the public sanitary sewer. 1.1.4. This Property is already part of Lane County's storm drain system located in Mt Vernon Road, and the Property Owner will not have any applicable system development charges for stormwater management unless the Property Owner creates any increase in stormwater runoff from new impervious area for ANY development on site. If the Property Owner cannot show how to adequately treat and dispose of using the methods in the City of Springfield EDSPM and the City of Eugene Stormwater Management Manual, the existing drainage ditch along Mt Vernon Road along the northern boundary of the Property may also be used for an overflow only for the on-site stormwater management system. The Property Owner must pay any applicable system development charges related to stormwater management. 1.2. APPLICANT must provide and be financially responsible for the provision of any required urban facilities and services identified during the review and approval of any land division or development permit as necessary to serve the further development of the Property, including the construction and maintenance thereof. Urban facilities and services include utility services, street paving, sidewalks, curb and gutter, street trees, streetlights, street access points, and storm drainage requirements. Other redevelopment on the Property, without further land division, will be subject to the applicable development standards and requirements listed in the Springfield Development Code. 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 must be used. For the purposes of this Agreement, the full cost must 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. 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 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 must run with the Property and must be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and must be construed to be a benefit to and burden upon the Property. This Agreement must be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and must 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. ANNEXATION AGREEMENT — Page 4 of 8 Attachment 2, Page 33 of 37 Exhibit D, Page 5 of 8 4. Limitations on the Development. No portion of the Property may be further developed prior to the approval of a development permit for the proposed development. Mutual Cooperation. City and APPLICANT must 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 must require the approval of the Springfield Common Council. This Agreement must not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield Comprehensive Plan Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement may 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 may be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolany. 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. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et secs. 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 waive any claim or cause of action it may have under such ORS provisions against the City. ANNEXATION AGREEMENT — Page 5 of 8 Attachment 2, Page 34 of 37 Exhibit D, Page 6 of 8 11. Invalidity. If any provision of this Agreement must be deemed unenforceable or invalid, such enforceability or invalidity must 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 must be determined in accordance with the laws of the State of Oregon. DATED this aS' day of Feb , 20 2.Z, IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Its: STATE OF OREGON COUNTY OF LANE I SS T is INSTRUMENT WAS ACKNOWLEDGED As � �BEEFAOjRE ME ON (�'n� (APPLICANT) OFFICIAL STAMP KELLY R NOTARY NOTARY PUBLIC OREGON COMMISSION NO. 984347 MY COMMISSION EXPIRES MARCH 18, 2023 Date i-Lb�,cCLr c25-�k , 20D—BY OF 51 a 3 rYN'- 1�Q t -non, Sprtnj f W_toL Ol° 974-I 8 adv'� J)Hw . — OTA Y PUB�,I ' R ORtGON ANNEXATION AGREEMENT — Page 6 of 8 Attachment 2, Page 35 of 37 Exhibit D, Page 7 of 8 CITY OF SPRINGFIELD Nancy Newton, City Manager STATE OF OREGON r SS COUNTY OF LANE J THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 7 of 8 Attachment 2, Page 36 of 37 Exhibit D, Page 8 of 8 EXHIBIT A LEGAL DESCRIPTION Beginning at the Northwest comer of the John Smith Donation Land Claim No. 48, in Section 4, Township 18 South, Range 2 West of the Willamette Meridian; thence South 8.00 feet to the center of county road as now travelled; thence along the center line of said road South 85° 00' West 145.55 feet to the true point of beginning; thence continuing along the center line of said road South 85° 00' West 159.61 feet; thence South 130.50 feet; thence East 159.00 feet; thence North 144.36 feet to the true point of beginning, in Lane County, Oregon. Except those portions conveyed to Lane County by Deed Recorded March 10, 1981, Reception No. 81-10385 and by Deed Recorded June 5, 1998, Reception No. 98-43477, Official Records of Lane County, Oregon. ANNEXATION AGREEMENT — Page 8 of 8 Attachment 2, Page 37 of 37