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Home My WebLink AboutOrdinance No. 6461 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6461 AN ORDINANCE ANNEXING CERTAIN TERRITORY (610 RAYNER AVENUE AND PUBLIC RIGHTS-OF-WAY FOR AN APPROXIMATELY 530-FOOT-LONG SEGMENT OF RAYNER AVENUE AND ADJOINING PEDESTRIAN PATHWAY) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on July 21, 2023, said territory being Assessor's Map Township 17 South, Range 03 West, Section 34, Map 14, Tax Lot 908, which is addressed as 610 Rayner Avenue and is generally depicted and more particularly described in Exhibit A to this Ordinance; WHEREAS, the concurrent annexation of an approximately 530-foot long segment of Rayner Avenue and the adjoining pedestrian pathway as generally depicted and more particularly described in Exhibit A to this Ordinance is in the public interest as the City has existing public sewer line within this street; WHEREAS, in accordance with SDC 5.7.125(A) and ORS 222.111, the property owner of 4096 North Street initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; WHEREAS, this annexation has been initiated in accordance with SDC 5.7.125(A) and ORS 222; WHEREAS, the territory proposed for annexation is within the 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, the City Council of the City of Springfield has determined that the provision of City services to the subject area is necessary because of the aging septic systems in this area; 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 R-1 Residential District zoning will be retained; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7.140(B)), and to withdraw the subject territory from the Rainbow Water District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; WHEREAS, the applicant has executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for the provision of City services to the subject territory (SDC 5.7.140(D)); and WHEREAS, on September 18, 2023, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Rainbow Water District, said territory being generally depicted and more particularly described in Exhibit A to this Ordinance. Section 3. The City Manager or the Development & Public Works Director or their designee shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155. Section 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 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 2nd day of October , 2023, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 2nd day of October ' 2023. Mayor ATTEST: City Recorder REVIEWED&APPROVED AS TO FORM Mary 3Vt d met S mith DATE: October 2,2023 SPRINGFIELD CITY ATTORNEYS OFFICE Ordinance No. 6461 Exhibit A Page 1 of 1 LEGAL DESCRIPTION Lot 17,Block 5,all of the 10.0-foot-wide pedestrian way,and all of Rayner Avenue of SECOND ADDITION TO GARDENWAY PARK,as platted and recorded in Book 68,Page 16,Lane County Oregon Plat Records, in Lane County,Oregon. PLAT BOOK68 PAGE16 SECOND ADDITION rO GARDENWAY PARK N£//4 SECT/ON 33 N NW //4 SECT/ON 34, T/7 s, R 3 fir, W.M. 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A r�4o13A mm .m uvmrer,. S14129 _ R PRO 510NAL RV LRELG0N 2004JC YAN SHERER SAL DATU XINE 30, 2024 Ordinance No.6461 Exhibit B Page 1 of 23 City of Springfield SPRINGFIELD Development & Public Works 3 225 Fifth Street Springfield, OR 97477 Annexation Application Type 4 d # 0 0 Annexation. Application Completeness Check: Annexation A lication Submittal: W ,. Jp UV qb 9h Property Thomas A. O'Keefe and Karen E. O'Keefe 541-953-1603 +Owner— -- ---- Phone Address 610 Rayner Av "We, Springfield, OR 97477 E-mail: tom okee_____ fel3�ia gmail.com r r 17 Owner Signature: w, „ Owner Signature: i A ent Name: n/a Phone: -- comny. rr r nla Fax: 1 Address: n/a E-mail A Signature: n/aat ........ ., ....... ..........._._........ ........_.......................................... ... .... ............ ...............,,..... .- _ _..-_._ ....... .....- ..-......... ...... If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. _...w ................�.�...—_..-.�------ -_ ._....��. ...��-��........._...._....._—..........._........ ... ....... F17-03-33-14-00.908 ......... ASSESSOR'S MAP 1703331 .. a - - 1, NO TAX LOT NOS Property Address: 610 Rayner Avenue, Springfield, OR 97477 _..........._Area of Request Acres 0 22 ...�.........�a�a ware Feet. 9583.2 Existing use: residential single family home (septic) Propo _--- sed Use._. .- residential sin �.. le family home g y me (sewer) Reviewed Case No. z � �. ,, Date �a BY' f r ini�tilals _.... G� .. .. ......... .... ..... ... ... ....m,m,m,m,m„m,mm .,...._......_...mmmm,,........ ....-. ,. .. .. . ...... _..._ Project No : Placard: Application Postage Fee: Total Fees " Fee' Revised 04/17/2023 slm Page 8 of 16 Ordinance No. 6461 Exhibit B Page 2 of 23 Development Initiation Meeting Submittal Requirements Checklist FZ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy ofthe fee schedule is available at the Development & Public Works Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. Development Initiation Meeting Application Form Five (5) Questions ® list specific questions the applicant would like staff to answer during the meeting. So that each question may be fully evaluated, the list is limited to five questions. Examples of relevant issues for annexation include but are not limited to the following: • Contiguity • Availability and capacity of surrounding city services • Affected special districts • Fees One (1) Copy of the Proposal - suggested information valuable for staff to review the proposal is listed below. It is not necessary to include all these items on the site or plot plan. However, applicants are encouraged to address as many as possible given that the level of information that will be derived from the meeting is commensurate with the level of detail provided in the application. Applicants are also encouraged to include additional information on the plan as listed in the Springfield Development Code (SDC) 5.7.100, Annexations. Drawn in ink on quality paper nosmaller than 11" x 17"® Scale appropriate to the area involved and sufficient to show detail of the plan and related data, such as 1" = 30', 1" = 50' or I" = 100' North arrow Date of preparation Street address and assessor's map and tax lot number Dimensions (in feet) and size (either square feet or acres) of the annexation area ❑ Location and size of existing and proposed utilities, including connection points On-site drainage collection system and flow patterns, the size and location of drain lines and catch basins, dry wells, and natural drainageways to be retained Z Area and dimensions of all property to be conveyed, dedicated, or reserved for future public road right-of-way Approximate location, number and dimensions of proposed lots How streets in the proposal area connect with existing streets Future development plan, which may include proposed and existing buildings (location, dimensions, size) or other impervious surfaces Revised 04/17/2023 s1m 7 of 16 Ordinance No. 6461 Exhibit B Page 3 of 23 Owner Signatures This application form is used for both the required completeness check 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. Completeness Check ... The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Completeness Check Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/wp do hereby acknowledge that I/we are legally responsible for all statutory timelin = , jnformation, requests and requirements conveyed to my representative. "° " Owner: Date: July 7, 2023 Si natur .._� _Thomas A. O'Keefe ........................ Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Completeness Check 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 sto,fernent serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete applicat ,n,,i Owner: Signtre uw ..w. .... '.. :.... Date: ..._m......... o f nt Revised 04/17/2023 slm Page 9 of 16 Ordinance No. 6461 Exhibit B Page 4 of 23 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. z Application Fee [SDC 5.7.125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. z Petition/Petition Signature Sheet [SDC 5.7.125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Consent by_Pr perty Owner RS-2,22.127 and 222.L70LI).] If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). z Certification of Ownership [SDC 5.7.125(B)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Lo Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). io Supplemental Information Form [SDC 5.7.125(B)(1) and (11)) Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type 4 form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). z Copy of the Deed (required alapetic4tion su ttal PML_# * iz Copy of Preliminary Title Report (required t application submittal Title Report must be dated within the past 30 days ocumenLin a d�ownership listing all encumbrances. c Revised 04/17/2023 sirn Page 10 of 16 Ordinance No. 6461 �* m h S m Exhibit B Page 5 of 23 > X r-.° qR C� ,!! d (� w �� ° X c w lQ "� 3 �A _D M rr w nl ( erg ® o O g ` n NJ7 S-. CD Q N ° y rt fib U�5 „�, N i • t 0) C1 O d —ti CT cL 't rt r"'aww� ro [b ....... n '.'� '0 lLy G rt ;;a CD rt j w (D fI) rt T.7 ^v tD K a„ �p 0 w, (u C7 C) 3 U— ;.. n 2 n .... ...°...w. (D H rt 3 D Q 07 (n"QI w r y �a cep r 0 M CL 01 rr flQ) n o (D O rr O C Cl- a —� 0 — InZ (n - rr O 0) �; iy n rD -b ®to � i C O-3 0 ` C '^ � m > -1 rp pi 6-4 Q A 4 (1 n ® z e r rF CDrb X m cb -CD,, C1 n m (n �' � O Ca m ......, : N Cr 0 CD C> x1 (n ,"O 0En fU r—a �w (b m ® eo Z z � = CL Q Z A "r (D {Jg r, D (D (p m m h fy t11 p. fl "+ h (D r,- pj < fib +�' o C i11 ? N D (b m CL X ® U1 p (D Cr O Q cc), ,4� o X M CL u> Q _ w (n s a m N (b i3 m rr Mj _. ...., .°.°.°. . .° r a a 0 p -w c s� (n w CA) c5.. rr ? X C (D (D @ rr j s �► 61 CL (' C 0 tp `t ro (D n 0 0 r ® �try m `c OD o ro E- N a rr Ll M X (D C1 a. ....°, .... .. CL 0 .Sol.- X 0 u( U Cb (D a n M (b Lq m rt ui yr ._..............._. .._..... .. O rD N n � (D (D f° 0. Ordinance No. 6461 Exhibit B Page 6 of 23 Ordinance No. 6461 Exhibit B Page 7 of 23 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS ............ Property Assessed Signed Signed Designation Name of Owner Acres Value Yes No (Mar,,)/lot number) ....... 17-03-33-14-00908 Thomas A.O'Keefe and Karen E.O'Keefe 0.22 $217,894 Y? y 610 Rayner Avenue,Sprinqfield,OR 97477 ............. ............ Imp,7-` Y Y/ �j N ...................................... ........................... .......... ................ TOTALS: 0.22 .............. ....... TOTAL NUMBER OF OWNERS IN THE PROPOSAL 2 NUMBER OF OWNERS WHO SIGNED 2 ........................... ------... ...... PERCENTAGE OF OWNERS WHO SIGNED 100%... ................... -- - ------------ ---------------TOTAL ACREAGE IN PROPOSAL 0.22 ........... ACREAGE SIGNED FOR 0.22 .................... ............................... PERCENTAGE OF ACREAGE SIGNED FOR 100% -------................ TOTAL VALUE IN THE PROPOSAL n/a ——-——----------.............................---—-------- —----......... VALUE CONSENTED FOR---- n/a —------ PERCENTAGE OF VALUE CONSENTED FOR n/a ------- Revised 04/17/2023 slm 13 of 16 Ordinance No. 6461 Exhibit B Page 8 of 23 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Thomas O'Keefe / Karen O'Keefe tom.okeefe 1 3@g mail.com / kirishl 1@comcast.net E-mail: ........ Supply the following information regarding the annexation area. • Estimated Population (at present): 2 • Number of Existing Residential Units: • Other Uses: n/a • Land Area: 0.22 ___ total acres • Existing Plan Designation(s): private"residential ............_'"............... • Existing Zoning(s). residential ... ......... .................. 4, Existing Land Use(s): ...residential • Applicable Comprehensive Plan(s): _n/a • Applicable Refinement Plan(s): • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. n/a ............ ......... • 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 R No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria), South-end of property borders/is adjacent to City of Sprinmmmm�gfield city limits. Revised 04/17/2023 slur Page 14 of 16 Ordinance No. 6461 Exhibit B Page 9 of 23 Does this application include all contiguous property under the same ownership? Yes F' No I 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 ED Rainbow Water and Fire District • Eugene School District 0 Pleasant Hill School District 10 Springfield School District 0 McKenzie Fire & Rescue 0 Pleasant Hill RFPD 0 Willakenzie RFPD El EPUD 121 SUB Q Willarnalane Parks and Rec District 0 Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. n/a n/a .... ............... ......... (Name) (Name) n/a n/a (Address) (Address) n/a n/a (City) ............ (zip) ---------------- (City) (zip) n/a n/a (Name) (Name) n/a n/a ................ (Address (Address) na/ n/a (City) (zip) (City) (zip) Revised 04/17/2023 s1m Page 15 of 16 Ordinance No. 6461 Exhibit B Page 10 of 23 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-03-33-14-00908 610 Rayner Avenue,Springfield,OR 97477 Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [N(] indefinitely or until Date Siq natures_of L.e.qa,iOwners _Rje�se_krint or ...... tqre Date Signed Thomas A. O'Keefe 07/07/2023 ............... ............... Karen E. O'Keefe 07/07/2023 ........... ................. .......... ........... ---------------- LCOG: L:�BCI2008 BOUNCHANGE TRANSFrION"PPLICA77ON FORMSlspRINGFIELDk10-03-J)B UPDATED FORMS�PRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08,DOC Last Saved; May 3,2023 Revised 04/17/2023 s1rn Page 16 of 16 Ordinance No. 6461 Exhibit B Page 11 of 23 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 17-03-33-14-00908 610 Rayner Avenue,Springfield,OR 97477 .......... ..................____.................................... ----—-__-- Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective [v(] indefinitely or until Date Signatures of Legal Owners ........................... ............. Please print ort /�'_'_"_�"'��'��..........Date S i"gn"eo,y,p,e name ..................... n tt' Thomas A. O'Keefe /9 07/07/2023 Karen E. O'Keefe 07/07/2023 ........................... ............. ............... ...............................----—---------................................................................................... I----...-----................... I...............- "I'l""I'll""��,�,��I—- "I'll I I——.................................. LCOG; L:�RC�2008 SOUNCHANGE TRANSITION 0 PPLICA TION FORMS ISPRINGFIELD\I 0-03-08 UPDATED FORMS�PRE-SUBMITIAL ANNEXATION APPLICATION I 0-07-08-DOC Last Saved May 3,202-3 Revised 04/17/2023 slm Page 16 of 16 Ordinance No. 6461 Exhibit B Page 12 of 23 Ordinance No. 6461 Exhibit B Page 13 of 23 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City")and Thomas A O'Keefe and Karen E. O'Keefe ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated for a portion of Assessor's Map No. 17-03-33-14 Tax Lot 00908,which is not currently municipally addressed as 610 Rayner 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, 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-I 0)according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential(LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the niinitnum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page I of 6 Ordinance No. 6461 Exhibit B Page 14 of 23 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. There is an existing 8" sewer main in Rayner with sufficient capacity to provide service to this existing home. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • The existing house drains to the street and storm drain system in Rayner Ave which is part of the existing City of Springfield Storm drain system. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Rayner Ave via existing residential driveways. • Rayner is paved with curb and gutter and sidewalks. The frontage on Rayner does not have a street tree, and due to the geometry of the fronatge and curbside sidewalks a street tree at this address is not desirable. Rayner Ave does not meet current street light standards for local residential streets. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below,APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now,therefore based upon the foregoig Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. .0bliggat ons of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. LLL APPLICANT or future property owner shall participate with any city or county project or Local Improvement District (LID)to install the missing urban improvements for Rayner St with financial payment as determined in that project to be proportional to their lot. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement,the full cost shall 'include design, ANNEXATION AGREEMENT—Page 2 of 6 Ordinance No. 6461 Exhibit B Page 15 of 23 construction, acquisition of land and/or casements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Qb1i��ations of Cit 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. 3. Covenants Runnimi, With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly,the City retains all rights for enforcement of this Agreement, 4. Limitations on the DevelopMent. No portion of the Property shall be further developed prior to the approval of a Partition or Subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6- Waiver of 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 night 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 411LALrecment'. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element and as required herein are not provided in a timely manner to the Property. K Land Use, Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program(LDAP)permit application submitted by APPLICANT, ANNEXATION AGREFMFNT—Page 3 of 6 Ordinance No. 6461 Exhibit B Page 16 of 23 APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan y,_Q�jt � of_j:LgAiLd, 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 hcrcffi, 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 jjg2Ed and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et . APPLICANT secj knows and understands any rights it may have under Oregon Revised Statutes (ORS)Chapter 195,300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity,meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT—Page 4 of 6 Ordinance No. 6461 Exhibit B Page 17 of 23 DATED this day of 20 IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICA T Date Its: ... ......_............ STATE OF OREGON COUNTY OF SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 20 1'.3 BY 141 ........ VALk" t2 . ok .... . AS ................ OF --- 'held 6 (APPLICANT) OFFICIAL STAMP KELLY R NOURY NOT. I' YPUBLI".. FOI, .)RE NOTARY PUBLIC-OREGON i commisSION NO. 1032933 1 W COMMISSION EXPIRES JANUARY iS,2W ANNEXATION AGREEMENT—Page 5 of 6 Ordinance No. 6461 Exhibit B Page 18 of 23 CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE M papa SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 20 BY AS -------- OF -- (CITY) NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT—Page 6 of 6 Ordinance No. 6461 Exhibit B Page 19 of 23 1� fN NMUAL WARRANTY DEED WPT 147938 1° TAX ACCT. Na_ 1116480 10-4918798 78GOO MAP NO. 1703331400908 who acquired title as LORENA RAE OLSON LOMOM R. YOIING,/Grantor, conveys and warrants to THOMAS A. O'KEEFE and KAAMM Ts. O'&EEFE, as tenants by the entirety, Grantee, the following described real property situated in LANE County, OR, free of encumbrances except as specifically Bet forth herein, to-wit: i Lot 17, Black 5, SECOND ADDITION TO GARDENWAY PARK, as platted and recorded in i. Book 68, Page 16, Lane County Oregon Plat Records, in Lane County, Oregon. This conveyance is subject to and excepts: i RIGHTS OF THE PUBLIC IN STREETS, ROADS AND HIGHWAYS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD AND SUBJECT TO 199E-9 REAL PROPERTY TAXES, A LIEN NOT YET PAYABLE GasafiEP.30'98HOTREC 5.00 � aQ49SFP,30'48H07PFtAJ[S 10.OD �:. .. . a�3SEP.30'98k07AdT FUND 20.00 6 The true consideration far this conveyance is $125,000.OD. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUONT g IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR { ' ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY t..' SHOULD CHECK WITH TUB APPROPRIATE CITY OR COUNTY PLANNING DBPAR'THRM TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARNINO OR FOREST a PRACTICES AS DEFINED IN ORS 30.930. , DA"ED 09/30/1998 State of Oregon t County of Lane�-as. LOf A R. YOUNO I,the County Clark,in and for the saki - County,do hereby certify that the wlthm Instnunant was received for record At r. 198 SE'38 pn 3:52 e. Reel 2 4 60 9JRKJ. Lane County OFFICIAL Records Lane County Clerk By ...__...M .Court Clerk'.�.._ • STATE OF OREGON ) County of LANE } This instrument was acknowledged before me on smPTFM8ER 30 19gJL_by L_ORENA R. YOUNG. Notary Public of Oregon OFMCIA',8Epl r My commission expires:_ ERINTf ttPajOr w.-....- NOtARY PUSUV'ORECONC o NYCOErtS!SStOPtgOfiIBts.-T601.-fi$3.2Qt2 1. t. t Until a change is requested, all tax statements shall be sent to the following address: 610 RAYNER AVENUE, SPRINGFIELD, OR 97477 After recording return to: Western Pioneer Title Co., P. O. Box 10146, Eugene, OR 97440 ........ ....... I I Ordinance No. 6461 Exhibit B Page 20 of 23 Karen O'Keefe From: Tom McMahon <TMcMahon@cascadetitle.com> Sent: Friday,June 30, 2023 3:26 PM To: Karen O'Keefe Subject: Cascade Title -Activity for Order 0340148 : 610 RAYNER AVENUE, SPRINGFIELD roy ,�.....(..,, I �,rc�'ii MrI "rr vi �j/r i� r/ : , i ._�' r r< r/%.`r /rnr r!r rr xs >•� rpJp r,f,r,.,r. �. r r�.ri,�c >. .,�.....V ,o... I m AI �,VI"��Y''�,'�/�/rr!/��/;r�,(r�/e�%/i�„rYIJ�✓rr/14:r %/ � „r�/�r,r�r% it r�/��1��/�/�i��a�/��r/ �.,. rf i 4 /J�1 11�� /1�j/1��, �1✓ref/�d� � �/ (p/ ; r /I !f�/�0 yr%�;�r%r�;�rr/�� ,� k r 1r i � .' �i� p h�„AP � r�,rr �r�/ 1j��r✓ r;// i � � rr��fo/h��r�� /�/� {%lvr�f � IYi, II I ,�� , a� �;�i�,�(��.��`F�rAI��f.�'u,�,,,,��:� �/ ,�/�.; � ,.,,.,,,�%rr%//% /rr�/�r,✓r'/��"%r'`r'�1 � `R� f- '�' Y ; i, Cascade Title Company Document Retrieval System (DRS) Title Order: 0340148 4 Title to email Address: I 610 AYNER ENUE,SPRINGFIELD f , Buyer: THOMAS A O KEEFE Seller: For your convenience, please find links below for documents relating to the title transaction referenced above. Should you have questions please contact your Escrow Officer or Title Officer �,' '�` listed above. Documents: 1. SORT Report#0340148 Clickto download 2. Assessor's Map No. 17033314#908 Clickto download 3. Document#F068 S016 Click to download All documents as single file: Flick to_downioa„.d Please review the listed documents and let us know if there is anything we can do to further assist you. err„rr {l� � r r /i� /r� r✓i//ir i r rrry� /%iili�jt'r '/J��! � � a'rmr,�r m,/,/fl�' I rr(�a�jNr'/ t J t r ��rr„%/i �r✓ i f/// I%y % r fy7� �/r r Y ;yy �No 1 � 'Y� �r% ! %i Y�I�J,/r�/Ill'�� I��I� %'� F ��'li✓ r�� '�'., . i rir r,//fly r e 1 Ordinance No. 6461 Exhibit B Page 21 of 23 ONE= 10510M 111111111111 1 111111111111111111111111111111 CASC:A13E TITLE STATUS OF RECORD TITLE REPORT KAREN O'KEEFE Date: JUNE 30, 2023 Our No: CT-0340148 Your No: -- Charge: $300.00 As requested, Cascade Title Co, has searched our tract indices as to the following described real property: Lot 1.7, Block 5, SECOND ADDITION TO GARDENWAY PARK, as platted and recorded in Book 68, Page 16, Lane County Oregon Plat Records, in Lane County, Oregon, and as of: JUNE 23, 2023 at 8:00 A.M. , we find the following: vestee: THOMAS A. OKEEFE AND KAREN E. OIKEEFE, as tenants by the entirety Said property is subject to the following on record matters: 1. Property taxes in an undetermined amount, which are a lien but not yet payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024. 2. Easements, notes, conditions, restrictions and dedications as shown, set forth, and/or delineated on the recorded Plat of Second Addition to Gardenway Park, recorded in Reception No. F068 S016, Lane County Oregon Plat Records. NOTE: The property address as shown on the Assessor's Roll is: 610 Rayner Avenue Springfield, OR 97477 NOTE* Taxes, Accoijnt No. 13.16480t Assessor's Map No. 17 03 33 1 4,-. #908, Code 19-03, .................. ............. 2022-2023, -in the amount of $3,225.48, PAID IN FULL. This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TTTF,E CO. , by: rmh/rh: Title Officer: KURT BEATY MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE VILLAGE 911 WILLAMLTTEST, 715 HWY 101 *FLORENCE,OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100 EUGENE,OREGON 97401 MAILING:PO BOX 508*FLORENCE,OREGON 97439 EUGENE,OREGON 97401 PH: (541)697-2233*FAX: (541)485-0307 PH: (541)997-8417*FAX! (541)997-9246 PH: (541)653-8622*FAX: (541)944-1626 Ordinance No. 6461 Exhibit B Page 22 of 23 I L= CASCADE TITLE CO. MAP NO. 17-03-33-14 Lp a µ 9 tl, w _ Kawk- 12 . _ 902 1 1 019-03 I � tN Dr g r srr '. Al B �_ _' ° o a;s t!3 14 19-03 - It �qq,q�yy�yy X1141 i d908 I � I v • I THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE IIEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS,NATURAL BOUNDARIES AND OTHER LAND,AND IS NOT A SURVEY OF THE LAND DEPICTED,EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT,IF ANY,THE COMPANY DOES NOT INSURE DIMENSIONS,DISTANCES, LOCATION OF EASEMENTS,ACREAGE OR OTHER MATTERS SHOWN THEREON. Ordinance No. 6461 Exhibit B Page 23 of 23 ta-1 !�� I iY�W �'" •a'" � ..� d' fJ�,Mk/l :! �' .d'' /r ,y,,� `m au � � � � � I s6uua ;� fa sisog •�w Ih am 4m � � cw;�a ectG•� vvF _.aa�rr � vcrne +�•x �„,� �,`''°� ,�r�G � ; M p Q .7llN3/f f ll3Nrt VY .,, au ov oo vc aace cwrs �`✓+i b ru'd �6 wm ram`,, tiN lk q ( 4 h1 * `•. �' M ': pi ♦ tic 0 �,h w`"4- y >r Qh. ...._�� ✓. .��.-- ��V��..._.:...�sM err--"' �•ppI mms '\. —..4..�... .GIaGG---. .��GpOi•.._.-. 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W'S mw K ( Fp IR.�Q Y+ri• iTWw« N U.a'cF x (JGm QN i+ ]C o�uz bb•�X ��... �Aw'^„o"'=p�';n�� '�+.. � s Q -c K .`.l us w•-+r n.�s l � �� Gkorcaw<�.lc m,.J .,,,•,.�µ a < ',�`" d�#� u �t''w^,•^ w � , J�� ^ � OJ N�faY Gf• IY. <YIe.M °� � xwoaxW " °° <W=� •.F.a < u �_� '*..��=`��nzW °' u -S m.+-c. .a • ,. m .-.ux u.o. en,n< u•n�t .. . -ens. �..... d �,,... UaNIw...OY !. NV•.•S i••tn 4 - � Ordinance No. 6461 Exhibit C Page 1 of 8 LLOREGON I L TYPE 4 - ANNEXATION STAFF REPORT AND FINDINGS OF FACT File Name: O'Keefe Annexation a° if Applicant: Tom & Karen O'Keefe Case Number: 811-23-000163-TYP4 G r Proposal Location: 610 Rayner Avenue Assessor's Map 17-03-33-14, TL 00908 and segment of Rayner Avenue and adjoining pedestrian pathway. Current Zoning & Comprehensive Plan Designation: R-1,Residential District, Designated LDR,Low Density Residential with the Urbanizable Fringe Overlay(UF-10) t 1 Applicable Comprehensive Plan: Metro Plan pp p and Springfield 2030 Comprehensive Plan Application Submittal Date: July 21,2023 ' Associated Applications: 811-22-000106-PRE (Development Issues Meeting); 811-23-000152-PRE a ,t (Pre-Submittal Meeting held July 21, 2023) ��° CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE: POSITION REVIEW OF NAME PHONE Project Manager Planning Tom Sievers 541.726.2333 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 4 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 June 15,2023 (Case 811-22- 000106-PRE). Conclusion: The requirement in SDC 5.7.120 is met. Page 1 of 8 Ordinance No. 6461 Exhibit C Page 2 of 8 Annexation Initiation and Application Submittal (SDC 5.7.125): In accordance with SDC 5.7.125(B)(2)(b)(1) and ORS 222.170(1), an annexation application may be initiated by "more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding 1: The property owners who own all the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield(Attachment 2, Exhibit B). Finding 2: 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, the Ownership Worksheet, and a Waiver Form in accordance with ORS 222.173 (all within Attachment 2, Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject property, 610 Rayner Avenue, has an existing residence on site with site access from Rayner Avenue. The property is located at the southern reach of Rayner Avenue in the bell of the cul-de-sac. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its western and southern boundary. Zoning for the property is Residential(R-1)district with an Urbanizable Fringe Overlay(UF-10) applied according to the City's Zoning Map. Based on the applicants' submittal, the primary purpose of the annexation request is to facilitate connection to city sewer. A public sanitary sewer line stub is already available at the site's northern property line and would be extended to serve the existing residence. An Annexation Agreement has been signed by the applicants and is ready for execution by the City. The Annexation Agreement outlines the applicants' responsibilities and financial obligations for provision of public streets,utilities, and services to the property. 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 Rainbow Water District and fire protection from Eugene Springfield Fire through a contract agreement with Rainbow Water District. SUB operates the existing electric service and will continue to once annexed. Upon annexation, the City of Springfield will be responsible for all urban services,including sewer,water(retained through SUB),electricity(retained through SUB), and police/fire response (through Eugene/Springfield Fire) to the subject area. The approximately 44,600 square foot proposed annexation area consists of the 0.22-acre subject property and the additional right-of-way segments of Rayner Avenue and the adjoining pedestrian pathway. 'The subject property currently receives emergency services from Eugene/Springfield Fire through long-standing contractual agreements. The standards of coverage can be found here: https://www.eugeneor.gov/DocumentCenter/View/56636/Standards-of-Response-Coverage FY-2020?bidld= Page 2 of 8 Ordinance No. 6461 Exhibit C Page 3 of 8 IW"dUi4I�IIIIIIIII^�iIN Wlwl '" i j Ir 1/ v R INdO )YWf(W'/ �I 1 f r� f i i Notice Requirements (SDC 5.7.130): Consistent with SDC 5.7.130,notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed August 23, 2023,which was at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected special districts(Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-23-000163-TYP4. Newspaper Notice. Notice of th e S e p t e in b e r 18, 2 0 2 3, public hearing was published in The Chronicle on August 31'and September 7' Posted Notice. A total of four (4) notices were posted for the September 18'public hearing. Two(2)digital notices were posted on both the City of Springfield website and the Department of Public Works' Digital Display in City Hall on August 22nd. One (1) notice was posted on the physical display board in the City Hall lobby on August 22nd and one (1) notice was posted at the subject property along the Rayner Avenue frontage on September 1st Finding 3: Upon annexation of the subject territory to the City, the underlying Residential (R-1) district will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Page 3 of 8 Ordinance No. 6461 Exhibit C Page 4 of 8 Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on August 10,2023, meeting the 35-day advance notice as required. Finding 4: Staff did not receive written comments from the public but did receive calls from noticed residents that were concerned that their property would also be annexed. Staff informed the callers that annexation is an elective process and reassured them that no action is being taken with their property. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7.140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7.140, Criteria. Criteria(SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake, or other body of water. Finding 7: The subject annexation territory is located within the City of Springfield's acknowledged urban growth boundary (UGB). The property requested for annexation abuts the Springfield city limits along its western and southern boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.11 l(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 8: The annexation area is located within the acknowledged Springfield UGB and as more specifically delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding 9: 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 10: The territory requested for annexation is within an area that is zoned R-1 Residential District and is designated for Low Density Residential (LDR) in the Comprehensive Plan. 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 removed upon annexation. Finding 11: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springlield 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 Page 4 of 8 Ordinance No. 6461 Exhibit C Page 5 of 8 Urbanization Element recognize that as annexations to the City occur, the special district service areas within the U GB will diminish incrementally and eventually will be dissolved. Finding 12: The territory requested for annexation is currently within the service area of the Rainbow Water District and receives fire protection service from the Rainbow Water District via Eugene/Springfield Fire. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will remain in the combined fire and life safety departments of the Cities of Eugene & Springfield for fire protection and emergency medical service directly to the annexation area. Finding 13: In accordance with Policy 33 of the Springlield 2030 Comprehensive Plan Urbanization Element, SUB is the exclusive water service provider within the Springfield City Limits. Rainbow Water District(RWD),in partnership with SUB, currently provides water service to the site. RWD, in an email stated, "In accordance with ORS 222.465,for an annexation ordinance enacted between April 1, 2023,and April 1,2024,Rainbow will continue to serve the customer and will transfer out customer to SUB effective July 1, 2024." SUB will be the sole service provider upon transfer from RWD. Finding 14: In accordance with Policy 34 of the Springlield 2030 Comprehensive Plan Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: (a) Annexation to City; or (b) Contractual annexation agreements with City. If this annexation request is approved and the Annexation Agreement is executed,the subject property will be provided with new urban services such as public sanitary sewer. Finding 15: In accordance with Policy 35 of the Springfield 2030 Comprehensive Plan Urbanization Element,the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation is required. The property owners applied for annexation to the City(Attachment 2, Exhibit B), and an Annexation Agreement is already signed by the applicant and is prepared for execution by the City in order to receive City services (Attachment 2, Exhibit D). 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 16: 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 17: 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 18: In accordance with Policy 32 of the Springlield 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 19: The territory requested for annexation is contiguous with the City Limits along its western and southern boundaries. Urban utilities including sanitary sewer, electricity, and water service, have been extended within the Rayner Avenue ROW and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property and future development. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area. Page 5 of 8 Ordinance No. 6461 Exhibit C Page 6 of 8 Water—As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the applicants will continue using the existing water connections or extend public water lines necessary to serve the subject property and future development of the site. SUB states that there is enough capacity for the existing water connection to serve the current residential use (SUB Water Representative: Keoki Lapina, KeokiL&subutil.coin). Electricity — SUB provides electric service to the neighborhoods in Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical system infrastructure within the Rayner Avenue public ROW will continue to provide service to the subject property and continue to be maintained by SUB. The existing infrastructure is designed to meet the capacity needs for residential uses in the vicinity. 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 Einergency Services —Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department via the Rainbow Water District. Upon annexation, the Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. Finding 20: Per the Fire Marshal's Office, access to the site is sufficient and will remain unchanged through this application. Concerning water supply, the nearest fire hydrant(Springfield Utility Board Fire Hydrant 12A-H3) is located on the southwest corner of Diamond Street and Rowan Avenue. This location exceeds the maximum hose lay distance of 600 feet to all points of the dwelling along an approved route per 2019/2022 Springfield Fire Code 507.5.1, Exception 1. However, the subdivision was approved and platted under a prior code. An additional fire hydrant cannot be required at this time in this specific situation unless there is further development that will not trigger legal proportionality limitations. Concerning response time, the subject property is within the 5-minute response tome of Fire Station 4 located at 1475 5' Street in Springfield. 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. The subject property is currently within the service district of Willamalane and will remain that way upon annexation 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. Page 6 of 8 Ordinance No. 6461 Exhibit C Page 7 of 8 Sanitary Sewer — Currently, the subject property is served by a septic system. An existing public sanitary sewer system is located in Rayner Avenue. It consists of an 8"main with a 6"lateral extended to this property and has sufficient capacity to provide service to the existing home. Stormwater —The existing house drains to the street and storm drain system in Rayner Ave which is part of the existing City of Springfield Storm drain system. Streets — The Property has legal and physical access to Rayner Ave via existing residential driveways. Rayner Avenue is paved with curb and gutter and sidewalks. The frontage on Rayner Avenue does not have a street tree, and due to the geometry of the frontage and curbside sidewalks, a street tree at this address is not desirable. Rayner Avenue does not meet current street light standards for local residential streets. Solid Waste Mana eg Went—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 21: 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: Based on the Findings above, the proposed annexation,if approved, will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely manner because of their availability and capacity levels meet the City's requirements. The proposal 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 22: An Annexation Agreement that outlines the applicants' financial responsibility for provision of public streets and utilities necessary to serve the property is available for review(Attachment 2,Exhibit D). The Annexation Agreement will need to be executed by both the applicants and City for the annexation action to be concluded. Upon future development and change of use on the subject property,the property owner will be responsible for the cost of constructing the public improvements necessary to serve the area. Therefore,any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion: The proposal meets and complies with Criterion D, Subsection 5.7.140. Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7.150. Finding 23: The annexation area is within the delineated service territory of SUB (electric) and Rainbow Water Page 7 of 8 Ordinance No. 6461 Exhibit C Page 8 of 8 District(contracted fire response).The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after annexation. SUB will also retain electric service upon annexation. Consistent with SDC 5.7.130,posted notice in City Hall and the City of Springfield webpage was provided for the public hearing on August 22,2023,and mailed notice on August 23, 2023. Withdrawal from the Rainbow Water District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Rainbow Water District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan —Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7.140,and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory from the Rainbow Water District. Page 8 of 8 Ordinance No. 6461 Exhibit D Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City")and Thomas A O'Keefe and Karen E. O'Keefe ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A,the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated -1(- , for a portion of Assessor's Map No. 17-03-33-14 Tax Lot 00908,which is not currently municipally addressed as 610 Rayner 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. 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 Low Density Residential(LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems,interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT—Page 1 of 6 Ordinance No. 6461 4 Exhibit D Page 2 of 6 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • There is an existing 8"sewer main in Rayner with sufficient capacity to provide service to this existing home. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • The existing house drains to the street and storm drain system in Rayner Ave which is part of the existing City of Springfield Storm drain system. I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Rayner Ave via existing residential driveways. • Rayner is paved with curb and gutter and sidewalks. The frontage on Rayner does not have a street tree, and due to the geometry of the fronatge and curbside sidewalks a street tree at this address is not desirable. Rayner Ave does not meet current street light standards for local residential streets. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below,APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now,therefore based upon the foregoing Recitals,which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. APPLICANT or future property owner shall participate with any city or county project or Local Improvement District (LID)to install the missing urban improvements for Rayner St with financial payment as determined in that project to be proportional to their lot. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, ANNEXATION AGREEMENT—Page 2 of 6 Ordinance No. 6461 Exhibit D Page 3 of 6 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. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be further developed prior to the approval of a Partition or Subdivision, as applicable, for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of 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 A xreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program(LDAP)permit application submitted by APPLICANT. ANNEXATION AGREEMENT—Page 3 of 6 Ordinance No. 6461 Exhibit D Page 4 of 6 APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994)and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1,required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. Cit� 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 seq. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS)Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT—Page 4 of 6 Ordinance No. 6461 Exhibit D Page 5 of 6 DATED this 2„ day of IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT y Date k Its: �.� STATE OF OREGON COUNTY OF LANE SS IS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON m m 2" BY THIS 20 ' ° � 1 � k)A . , ....... ...f �� .'.. As 1. .. (APPLICANT) � ��. .: ��.� � -lit 1 MP KELLYFFIC'RL NOTARY No I YPUBI�FOI EG N NOTARY PUBLIC-OREGON COMMISSION NO, 10329M MY COMMISSION EXPIRES JANUARY 18,2M7 ANNEXATION AGREEMENT®Page 5 of 6 Ordinance No. 6461 Exhibit D Page 6 of 6 CITY OF SPRINGFIELD By'- — - ........ ..... ... .................._.....................— Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY ......,.,...m ... AS s OF (CITY) NOTARY PUBLIC FOR ORE�. GON ANNEXATION AGREEMENT—Page 6 of 6 Ordinance No. 6461