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HomeMy WebLinkAboutItem 05 Annexation at 5230 High Banks RoadAGENDA ITEM SUMMARY Meeting Date: 1/2/2024 Meeting Type: Regular Meeting Staff Contact/Dept.: Andy Limbird, DPW Staff Phone No: 541/726-3784 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX APPROXIMATELY 25.2 ACRES OF INDUSTRIAL PROPERTY LOCATED AT 5230 HIGH BANKS ROAD (MAP 17-02-28-00, TAX LOT 402 AND A PORTION OF TAX LOT 405). ACTION REQUESTED: Conclude a public hearing and adopt/not adopt the following ordinance: An Ordinance Annexing Certain Territory (Vacant Parcels Addressed As 5230 High Banks Road and Identified as Assessor’s Map 17-02-28-00, Tax Lot 402 and a Portion of Tax Lot 405) To The City Of Springfield And Willamalane Park & Recreation District; Adopting A Severability Clause; And Providing An Effective Date (Second Reading). ISSUE STATEMENT: The City Council is requested to conclude a public hearing that was opened at the regular meeting on November 20, 2023. Council is then requested to consider adopting an ordinance to annex approximately 25.2 acres of real property located off High Banks Road at the northern extension of 52nd Street. The proposed annexation is intended to facilitate a change of zoning and future development of an outdoor storage facility on a reclaimed sand and gravel quarry. ATTACHMENTS: 1: Location Maps 2: Ordinance with Exhibits Exhibit A: Legal Description and Map Exhibit B: Annexation Application Exhibit C: Annexation Agreement Exhibit D: Staff Report and Recommendations DISCUSSION/ FINANCIAL IMPACT: The applicant initiated the annexation request by submittal of a complete application on August 19, 2023. In accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days following Ordinance adoption and signature by the Mayor, or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is a former sand and gravel quarry that is being reclaimed under a permit from the Oregon Department of Geology and Mineral Industries (DOGAMI). The property is currently zoned for Quarry and Mining Operations (QMO) and is designated Sand and Gravel on the City’s Comprehensive Plan diagram. The subject property is located inside the City’s Urban Growth Boundary (UGB), and it abuts the City limits line along the southern, western and northern boundaries. Concurrently with annexation of the subject property the site will be rezoned to remove the Urbanizable Fringe Overlay (UF-10). Land development limitations imposed by the UF-10 overlay will no longer apply upon annexation. As outlined in the attached staff report (Attachment 2, Exhibit D), the annexation area can be served with the minimum level of key urban facilities and services as required in the Springfield 2030 Comprehensive Plan – Urbanization Element if the applicant manages stormwater runoff on- site. The attached staff report provides details about the criteria of approval for annexations as established in SDC 5.7.140. Recommendation: The subject property meets the standards and provisions of the Springfield Development Code and applicable state statutes for annexation with the addition of a special acknowledgement clause requiring stormwater management on-site as outlined in the attached Annexation Agreement. Council is requested to conclude the public hearing and consider adopting the ordinance annexing the property to the City and Willamalane Park & Recreation District . LOCATION OF PROPERTY SUBJECT TO ANNEXATION AND ZONE CHANGE SITE  Attachment 1 Page 1 of 2 811-23-000198-TYP4 – PROPOSED ANNEXATION OF 25.2 ACRES 5230 HIGH BANKS ROAD (MAP 17-02-28-00, TL 402 & PTN. TL 405) SITE CONTEXT MAP 52nd Street Proposed Annexation Area UGB UGB Attachment 1 Page 2 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (VACANT PARCELS ADDRESSED AS 5230 HIGH BANKS ROAD AND IDENTIFIED AS ASSESSOR’S MAP 17-02-28-00, TAX LOT 402 AND A PORTION OF TAX LOT 405) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION 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 August 29, 2023, said territory being Assessor’s Map Township 17 South, Range 02 West, Section 28, Map 00, Tax Lot 402 and a portion of Tax Lot 405 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 of 5230 High Banks Road initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; 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 to facilitate urban industrial development; WHEREAS, all required urban services with the exception of City storm sewer and gravity sanitary sewer are immediately available to serve the site and the applicant has executed an Annexation Agreement (Exhibit C) that addresses the timing and financial responsibility for provision of public facilities and services to the property; 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 Quarry and Mining Operations zoning will be retained; WHEREAS, a Staff Report (Exhibit D) 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)); WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; WHEREAS, on November 20, 2023, the Springfield Common Council opened a public hearing on the annexation request and continued the public hearing to the regular meeting on January 2, 2024; and WHEREAS, the Springfield Common Council 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 Attachment 2 Page 1 of 69 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 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 3. 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 4. Effective Date of Ordinance. This Ordinance shall 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 is later. ADOPTED by the Common Council of the City of Springfield, this day of , 2024, by a vote of _____ for and _____ against. APPROVED by the Mayor of the City of Springfield this day of , 2024. ATTEST: Mayor City Recorder Attachment 2 Page 2 of 69 Big Bass LLC, Annexation Tax Map 17-02-33 Tax Lots 402 & Portion of 405 Beginning at a point NO°04'46"W 2678.89 feet and N89°55'14"E 208.71 feet from the Southeast corner of the Daniel Harkins Donation Land Claim No. 61, in Township 17 South, Range 2 West of the Willamette Meridian; thence 50'04'46"E 417.42 feet; thence N89°55'14"E 647.60 feet; thence NO'16'53"W 522.05 feet; thence N89°49'02"E 500.28 feet; thence NO°10'30"W 632.19 feet; thence S83°03'40"W 1363.46 feet; thence SO°04'46"E 574.87 feet; thence N89'55'14E 208.71 feet to the Point of Beginning. Containing 25 acres, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2023 Exhibit A Page 1 of 2 Attachment 2 Page 3 of 69 SECTION 28 T.17S. R.2W. W.M. 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SEE M II, \ SEE 30630. 15 AC I L I I I I I II I I I I I I I I I I I C r1 I I I I I I I III II II I I I DLC 74 O p O 102 3.85ACPCL1 SEE MAP 17022700 34" SEE MAP 17023422 17022800 SPRINGFIELD LCATSKP- 2019-11-181027 CANCELLED 100 303 900302 26002200 2500 2700400 902406 RE ISgNS 11/1811010-LCAT155-CONVERT M4V TO G18 14102013-LCATN2- PTN 401 OUT TO NORTH S 13 STREET R4Wf1018- LCAT P4 -GANG TLB021N T020P-02183 IN13f101B- LCAT 148 -GANG TUGS INTO MNR&P.. @/25 1B-LCAT148- CORRECT TAXCOOE IABELBTO MATCH TCA 11 111/182019-LCAT148-NTL3 ,399,W70UTOFTL303 11/182018 -LCAT 148-LIABETW II TL8'p8TL308 SPRINGFIELD 17022800 Exhibit A Page 2 of 2 Attachment 2 Page 4 of 69 ARCHITECTSPLANNERS August 28, 2023 City of Springfield 1 Copy Development Services Petition for Annexation Form Planning Division Owners Worksheet 225 5'^ Street Supplemental Information Form Springfield, Oregon 97477 Property Deed RE: 5230 High Banks Annexation 202213/1.3) Annexation application Cover Letter Project Address: 5230 High Banks Road, Springfield, Oregon 97478 Assessors Map: 17-02- 28- 00 Tax Lots: 402 and 405 Property Owner: Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com Owners Representative: TBG Architects+ Planners 132 East Broadway, Suite 200 Eugene, Oregon 97401 Kristen Taylor or Zach Galloway 541.687. 1010 ktaylor@tbg-arch.com or zgalloway@tbg-arch.com On behalf of the applicant Big Bass LLC, enclosed is an Annexation application for property located on High Banks Road. In accordance with the Annexation submittal requirements, the following attachments are provided for review by the City staff and City Council: Annexation Application — 1 Copy Annexation Written Statement — 1 Copy Annexation Attachments — 1 Copy ATTACHMENT A Petition for Annexation Form ATTACHMENT B Owners Worksheet ATTACHMENT C Supplemental Information Form ATTACHMENT D Property Deed ATTACHMENT E Preliminary Title Report ATTACHMENT F Legal Description ATTACHMENT G Tax Assessor's Cadastral Map 541.687.1010 1132 EAST BROADWAY. SUITE 2001 EUGENE. OREGON 97401 TUG ARCH Exhibit B Page 1 of 52 Attachment 2 Page 5 of 69 City of Springfield —Annexation application August 28, 2023 Page 2 of 2 ATTACHMENT H ORS 222.173 Waiver Form ATTACHMENT I Metro Plan, Plan Diagram ATTACHMENT J Annexation Site Plan ATTACHMENT K Existing Utility Plan ATTACHMENT L Draft Annexation Agreement Plan drawings — 1 Copy Cadastral Map (18" x 20") If you have any questions, please do not hesitate to call me or Kristen Taylor at your convenience. Thank you for your time and consideration of this proposal. Sincerely, Zach Galloway, AICP Senior Planner ZG/kt cc: Shaun Hyland, Big Bass LLC Anna Backus, PE, KPFF Consulting Engineers Ryan Erickson, PLS, EGR & Associates, Inc. Z WRO.A202213 Hyland 5320 High Banks\CorrespV gencyl nnexation\2D2213-AX_CwLtctlocx I• 1 xi r IITs.ruxxevs Exhibit B Page 2 of 52 Attachment 2 Page 6 of 69 City of Springfield Development & Public Works 22S Fifth Street Springfield, OR 97477 Annexation Application Type IV SPRINGFIELD I& Application Type (Applicant: Check one) Annexation Application Pre -Submittal: Annexation A lication Submittal: 0 ProposalRequired Property Owner: Shaun Hyland, Big Bass LLC Phone: 541.726.8081 Address: PO Box 7867, Springfield, OR 97475 Fax: E-mail: shaun@jhconstcom Owner Signature: Owner Signature: Agent Name: Kristen Taylor Phone 541.687.1010 Company: TBG Architects + Planners Fax: Address: 132 East Broadway, Suite 200, Eugene, OR 97401 E-mail ktaylor@tbg-arch.com Agent Signature: If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 1 17-02-28-00 TAX LOT NOS): 1402&405 Property Address: 5230 High Banks Road, Springfield, OR 97478 Area of Request: Acres: +/- 25 Square Feet: Existing Use(s) Vacant of Property: Proposed Use RV parking/storage of Property: Required Property Information (City Intake Staff. Complete This Section) Case No.: (Date: Reviewed By: iniltials Application Fee: Postage Fee: Total Fee: I Revised 4/8/14 B] Exhibit B Page 3 of 52 Attachment 2 Page 7 of 69 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. Owner: 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/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Signature Date: 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 statement serves as written notice pursuant to the requirements of ORS 227. 178 pertaining to a complete application. Owner: Date: 2z) Signature Shaun nd Print Revised 04/17/2023 slm Page 9 of 16 Exhibit B Page 4 of 52 Attachment 2 Page 8 of 69 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. V Application Fee [SDC 5. 7-125(a)(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. L71 Petition/ Petition Signature Sheet (soc 5. 2-125(6)( 2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). Consent by Property Owners [ORS 222 170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). Pf Certification of Ownership [SDC 5J-125(8)( 5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). rd Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre -Submittal, with original copies @ time of application submittal). V Supplemental Information Form (SDC 5.2-125(B)(1) and (u)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre - Submittal, with original copies @ time of application submittal). Pf Copy of the Deed (required at application submittal) d Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Revised 4/8/14 BI Exhibit B Page 5 of 52 Attachment 2 Page 9 of 69 i,f Annexation Description [SDC5.7-125(5)( 9)7 A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. d Cadastral Map [soc s.rizs(B)(io)I Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 1/3 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. E4 ORS 222.173 Waiver Form [soc 5.7425(B)(8)] Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. Public/Private Utility Plan [soc s.rizs(B)(iz)I A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. d Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [soc 5.7a25(B)(13) aM (14)7 A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. M'Three (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 4/8/14 133 Exhibit B Page 6 of 52 Attachment 2 Page 10 of 69 ARCHITECTS P L A N N E R S August 28, 2023 City of Springfield Development Services Planning Division 225 5'^ Street Springfield, Oregon 97477 RE: High Banks Annexation (202213/1.3) Annexation application — Written Statement Project Address: Assessor's Map & Tax Lot: Property Owner: Owner's Representative: WRITTEN STATEMENT 5230 High Banks Road, Springfield, Oregon 97478 17-02- 28- 00-00402 &-00405 Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com TBG Architects+ Planners 132 East Broadway, Suite 200 Eugene, Oregon 97401 Kristen Taylor or Zach Galloway 541.687. 1010 ktaylor@tbg-arch.com or zgalloway@tbg-arch.com In accordance with the Annexation application procedures and requirements, this written statement and associated attachments describe the proposal and demonstrates that the proposed Annexation complies with the applicable criteria listed under Springfield Development Code (SDC) Section 5. 7.100. The Annexation application process is subject to the Type IV application procedures without required Planning Commission consideration. As recognized in SDC 5.7.115, this Annexation application is prepared for review and approval by the Springfield City Council. Annexation The owners, Big Bass LLC (the "Applicant'), request approval of an annexation for property located at 5230 High Banks Road and identified as Tax Lots 402 and 405 on Assessor's Map 17-02- 28-00 (the site"). The SDC 5. 7.125 outlines the submittal requirements and SDC 5.7.140 provides the Annexation approval criteria. 541.681 1132 EAST BROADWAY. SUITE 200 1 EUGENE. OREGON 97401 1 TBG-ARCH.COM Exhibit B Page 7 of 52 Attachment 2 Page 11 of 69 City of Springfield —Annexation application August 28, 2023 Page 2 of 5 As demonstrated in Section IV, below, the annexation request meets all applicable criteria in effect at the time of filing and the application should be approved as proposed. Project Team: Owner & Applicant Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com Civil Engineer KPFF Consulting Engineers 800 WIlamette Street, Suite 400 Eugene, Oregon 97401 Contact: Anna Backus, PE 541.684.4902 anna.backus@kpff.com Planner & Applicant's Representative Surveyor TBG Architects+ Planners EGR & Associates, Inc. 132 East Broadway, Suite 200 2535 Prairie Road, Suite B Eugene, Oregon 97401 Eugene, Oregon 97402 Contact: Kristen Taylor or Zach Galloway, AICP Contact: Ryan Erickson, PLS 541.687.1010 Ex 115 541.914.0711 ktaylor@tbg-arch.com or zgalloway@tbg-arch.com rerickson@egrassoc.com A. Location and Site Context The site is located on the north side of High Banks Road, approximately 1,700 feet north of the intersection of Highway 126 and High Banks Road. The site is identified as Tax Lots 402 and 405 on Lane County Assessor's Map 17-02-28-00. It is approximately 25.2 acres or 1,097,712 square feet. The site is located within the Urban Growth Boundary (UGB) per the Metro Plan, and it is currently in unincorporated Lane County. On the Metro Plan diagram, the site is designated Sand and Gravel. There is not an applicable neighborhood refinement plan. The site is currently zoned Quarry & Mine Operations with the Urbanizable Fringe Overlay zone (QMO/UF-10). Abutting properties to the north and south of the site are designated Light -Medium Industrial (LMI) and are in the Light -Medium Industrial (LMI) zone. Surrounding properties to the east and west are outside the UGB and appear to be in agricultural use. The City of Springfield 2035 Transportation System Plan (TSP) classifies High Banks Road as a major collector street. It is under City of Springfield jurisdiction. There is an existing private road that provides access from High Banks Road northward to the site with an associated 60 -foot access easement. Exhibit B Page 8 of 52 Attachment 2 Page 12 of 69 City of Springfield —Annexation application August 28, 2023 Page 3 of 5 IlT'9111 ant Land Use Historjpl`___' The 25.2 -acre site is in unincorporated Lane County and is not located within a recorded subdivision plat. Per available County records, there are no prior land use applications associated with the site. IV. Annexation Approval Criteria—Supporting Facts and Findings This section is organized by the applicable approval criteria per SDC 5.7.140. Applicable approval criteria are outlined in bold italics below and then followed by proposed findings in normal text. 5.7.140 Criteria. An annexation 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: As noted above, the site is located within the City of Springfield UGB. The UGB is established in the Metro Plan. See attachments for a map of the adopted UGB. The proposed annexation is also contiguous to the Springfield City limits, as the abutting lots to the north, west, and south (Tax Lots 400, 401, 403, and 405 of Assessor's Map 17-02-28-00) are inside the city limits. See the attached annexation site map for the contiguous City limits. Therefore, the criterion is met. B) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The proposed annexation is consistent with the applicable policies in the Metro Plan. There are no applicable neighborhood refinement plans in this area of Springfield. The City of Springfield has adopted the local Springfield Comprehensive Plan (July 2022) that includes the UGB. The site is within the UGB as depicted in the adopted Metro Plan and the local Springfield Comprehensive Plan. The Metro Plan designates the site as Sand and Gravel. Section C of Chapter 2, Metro Plan, includes Growth Management goals, findings, and policies. The adopted policies encourage annexation of lands within the UGB and orderly extension of urban services. The proposed annexation is for a site within the Springfield UGB, and urban services are provided to the existing development on the abutting lots to the south. Based on the findings above, the applicable criterion is met. Exhibit B Page 9 of 52 Attachment 2 Page 13 of 69 City of Springfield —Annexation application August 28, 2023 Page 4 of 5 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: As noted above, the site is within the UGB and contiguous to the City limits. The abutting development to the south currently has urban services. Per available public records, electricity, water, and wastewater lines are located in the 52nd Street right-of-way. There is an existing private drive with a 60 -foot roadway easement, a 20 -foot wide EWEB easement and a 10 -foot PUE running the length of the private drive leading to the subject site, which can facilitate an orderly extension of services. There are no public stormwater lines in the adjacent 52nd Street right-of-way. According to City staff input during the September 8, 2022, Development Issues Meeting, on-site stormwater treatment and retention is acceptable. Extension of the public stormwater system to the site at the time of development is not necessary. See the attachments for a conceptual utility plan that demonstrates urban infrastructure is in close proximity and can be provided to the site. The Metro Plan defines minimum urban facilities as including the following: wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, citywide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district -wide basis. Each of the minimum urban services is provided near the site on a city- or district -wide basis, as applicable. The City of Springfield, as a member of the Metropolitan Wastewater Management Commission, provides wastewater services. The City also provides police protection, land use controls, and public streets. (The Applicant is aware of public street projects in the vicinity that are identified in the city -adopted Transportation System Plan. Any potential impacts to the local street network or the TSP projects will be addressed at the time of a development proposal.) The 1Mllamalane Park and Recreation District provides parks and recreation programs citywide. Eugene -Springfield Fire provides fire and emergency medical services. The Springfield Utility Board provides water and electric services. The site is within Springfield School District boundary and the area schools include Ridgeview Elementary School, Thurston Middle School, and Thurston High School. Numerous service providers have communication facilities available to the site. Therefore, the criterion is met. D) Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The Applicant understands that an annexation agreement is required. The agreement was provided by City staff and a draft annexation agreement is attached here. The potential fiscal impacts to the city are addressed in the attached draft annexation agreement. Exhibit B Page 10 of 52 Attachment 2 Page 14 of 69 City of Springfield —Annexation application August 28, 2023 Page 5 of 5 V. Conclusion Based on the information and findings contained in this written statement, associated attachments and drawings, the proposed Annexation application meets the criteria of approval contained in the Springfield Development Code. Therefore, the Applicant requests that the City Council approve the proposed annexation as presented. Both the Applicant and the Applicant's representative are available for questions, as necessary. If you have any questions about the above application, please contact Zach Galloway at TBG Architects Planners (541.687.1010). ZG/KT cc: Shaun Hyland, Big Bass LLC Anna Backus, PE, KPFF Consulting Engineers Ryan Erickson, PLS, EGR & Associates, Inc. Z:%PROJ%202213 Hyland 5320 High Banks\Corresp%gency%Anne ation%202213-AX WrtnState.d= PO . A.-III-PI-E- Exhibit B Page 11 of 52 Attachment 2 Page 15 of 69 City of Springfield Annexation Application Attachments Attachment Contents ATTACHMENT A Petition for Annexation Form ATTACHMENT B Owners Worksheet ATTACHMENT C Supplemental Information Form ATTACHMENT D Property Deed ATTACHMENT E Preliminary Title Report ATTACHMENT F Legal Description ATTACHMENT G Tax Assessor's Cadastral Map ATTACHMENT H ORS 222. 173 Waiver Form ATTACHMENT I Metro Plan, Plan Diagram ATTACHMENT J Annexation Site Plan ATTACHMENT K Existing Utility Plan ATTACHMENT L Draft Annexation Agreement Exhibit B Page 12 of 52 Attachment 2 Page 16 of 69 City of Springfield Annexation Application Attachments ATTACHMENT A Petition for Annexation Form Exhibit B Page 13 of 52 Attachment 2 Page 17 of 69 Application k: C SP 2009 - For on, Use Only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals SDC 5.7-125(2)( b)(i)/ORS 222.1]0(1)] d011VXy181N3W993SS, A I.,,.,... .,.r ZZ61 so any We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed necessary: Signature DateSignedm/d/y Print Name Residence Address street cloy, zap mde) Map and Tax Lot Numberexample'. 17- 04-03-00-00100)ownerrland gcresmay 1'Ali 4+'sh9 Shaun Hylandv 30SperHalo. OR a ReaBbBanka478s 17-02-28- 00-00402 &-00405 25 2. 3. 4. S. Nott: With the above signature(s), [ am arresting that I M1ave the authotlry W consent to annexation on my own behalf or an behalf of any film or agencyh4haed evNence o/sush auNrotlzation when alinkrahae.) N/A N/A printed name of circulator), hereby certify that every person who signed this sheet did so In my presence. signature of circulator) CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are 1 (qty). This petition reflects that 'I (qty) landowners (or legal representatives) listed on this petition represent a total of 100 (%) of the landowners and 100 (h) of the acres as determined by the map and tax lots attached to theetition. A&T is not r soon for subsequent dead activity that may not yet be reflected on the A&T computerized tax roll Lan County Department of Assessment and Taxation lilwLan- Date Signed and Certified Reeked 4/8/14 W Exhibit B Page 14 of 52 Attachment 2 Page 18 of 69 City of Springfield Annexation Application Attachments ATTACHMENT B Owners Worksheet Exhibit B Page 15 of 52 Attachment 2 Page 19 of 69 FORM 2 OWNERSHIP WORKSHEET This form is NOT the petition) Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Map/b[ number) Name of Owner Acres Assessed Value Imp. Y / N Signed Yes Signed No 17-02-28- 00-00402 Shaun Hyland,Big Bass LLC 24.2 329,683 N 338, 894.45 17-02-28- 00-00405 Shaun Hyland,Big Bass LLC 0.96 9,211.45 N TOTALS: I +/-25 338,894.45 N I TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 25 AC ACREAGE SIGNED FOR 25 AC PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL 338, 894. 45 VALUE CONSENTED FOR 338, 894.45 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 4/ 8/ 14 BJ Exhibit B Page 16 of 52 Attachment 2 Page 20 of 69 City of Springfield Annexation Application Attachments ATTACHMENT C Supplemental Information Form Exhibit B Page 17 of 52 Attachment 2 Page 21 of 69 FORM 3 SUPPLEMENTAL INFORMATION FORM Complete a// 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: Shaun Hyland,Big Bass LLC E-mail: shaun@jhconst.com Supplythe following information regarding the annexation area. Estimated Population (at present): 0 Number of Existing Residential Units: 0 Other Uses: Vacant Land Area: '/- 25 total acres Existing Plan Designation(s): Sand & Gravel Existing Zoning(s): LMI/UF-10 Light -Medium Industrial with Urbanizable Fringe overlay zone Existing Land Use(s): Vacant Lugene-springfield Metropolitan Area General Plan; Applicable Comprehensive Plan(s): Springfield Comprehensive Plan Applicable Refinement Plan(s): N/A Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. See written statement. Are there development plans associated with this proposed annexation? Yes `/ No If yes, describe. RV parking/storage or other uses permitted in the zone. Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No Please describe where the proposed annexation is contiguous to the city limits non-contiguous annexations cannot be approved under 5. 7-140, Criteria). The site is contiguous to the city limits along the north, west, and south property lines. Revised 4/ 8/14 BJ Exhibit B Page 18 of 52 Attachment 2 Page 22 of 69 Does this application include all contiguous property under the same ownership? Yes No If no, state the reasons why all property is not included: Check the special districts and others that provide service to the annexation area: Glenwood Water District Eugene School District 67 Springfield School District Pleasant Hill RFPD EPUD d Willamalane Parks and Rec District Rainbow Water and Fire District Pleasant Hill School District McKenzie Fire & Rescue Willakenzie RFPD M' SUB Other Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Kristen Taylor or Zach Galloway Big Bass LLC (Attn: Shaun Hyland) TBG Architects+ Planners Name) Name) PO Box 7867 132 East Broadway, Suite 200 Address) Address) Springfield, OR 97475 Eugene, OR 97401 City) (Zip) City) Name) Name) Address) Address) City) (zip) City) (zip) Revised 4/ 8/14 BJ Exhibit B Page 19 of 52 Attachment 2 Page 23 of 69 City of Springfield Annexation Application Attachments ATTACHMENT D Property Deed Exhibit B Page 20 of 52 Attachment 2 Page 24 of 69 AHE...0O3CING RVVRN IU CASGDF III, sOM'INY e l WOAMEBES[, EUGENE, OR 9741 T CkSCADETLECO. NTLFN0FO%A 0394593ISAkCCI . Fl16-0645TAXnAXINo. 17, 0 , 2A 001 o, 13394a4MAP;TAX LO'F NO. 17 O>_ 2R 001540E k kn0_ GRANTORABADABA. INC GRAA'I VL BIG BASS_ LLC N O. BOX 7867 SPRIN IIILLOOlt 99475 Lana C.,tY Clerk yQ16.012155LeneCeuntYDeaned. d R ... Id- 52 00 0312V2016 011:11 PM RPR DEED Cnte1 SM -A1 CRSHIER 02 510.00 511.00 $21.00 $10.00 Ilntila,hal,lcquecled AOer -Tdln_mwmto'. ellVR Nlt, T,n, siall no CASCADTE II I. II 10 ell To the toll0wlnaedd,z¢ 811 WILLATAFTTF SAYIE A6 GRANI FE— LCGLNgOR 97401 WARRANTY DEED -- STATUTORY FORM ABADABA, I NC., Hn Oregon Corporation. G'ranmr, convey. and wurronls co BIG BASS, LIC, an Oregon Limited Liability Cnnl,.,G, Grenhc, die lollowing des, bed real property bee oFenaaailaancs........ sped! ally Hn fall, h,"T SI I 1X ITBIT A WHICH IS MADE A PARI' I IEIiLOI' BY It ITS REFEREI CE REPORT SIGNING OR ACC EPTIFC THIS INSIRLIMENT, THE PERSON 'FRAiNSP'I IFUNC PEE TITLE SHOUI D INQI IRE ABOUT THE PERSON'S RIGHTS, II AT', DARER ORS 195.300, 195301 AND 195.305 TO 195.336 AND SECTIONS 5 TU 1 L CHAP I'ER 436, OREGON LAWS 200$ AND SE( HONS 2'FU 9 AND 17, CIIAPTLR 855, OIIEGOV LAMS 2009, ANSI SECTIONS 3 TO 7, CHAP P'R8. OREGON LAWS 2010. THIS INSTRLAENT DOES NOT' AlImW CSE OF AHE PROPERT) DESCRIBED IN THIS INSTRUMENT IN N AAAA I ION OF APPLICABLE LAND CSF. LABS AND REGULATIONS. BLFORE SIGNING OR ACCEPTING THIS INS'FRLMDNT, THE PERSON ACQUIRING. IFF, HILF TO THE PROPLIfI'A SHOT: LD AITT( Is MII11 THE APPROPRIATE CITY OR COLIN'I)' PLANNING IIIPARTSIENT TO VERIFY THAT THE I:NIT OF LANAI BEING l RANsFE.RRED ISA L NNPCLIA 45'LABLISHED LOT OR PARCEL, AS 116 FINED IN ORS 93.010 OR 215010, TO VERIFY THE APPROVI D USES (11 TIIE LOT OR PAID IT, TO DETERMINE ANV LIMITS ON LAWSLII'I'S AGAINST FAROINC OR FOREST' PRACTICES, AS URBTNED IN ORS 30.930, AND 10 ISROARE ABOUT THE RIGHTS OF NEIGHBORING PROPI N 1 Y OWNERS, IF AN V. II NDER ORS 195.300, I95.301 AND 195.305 TO 195J36 A1.1 IFI I'ION 15 TO 11, CHAPTER 424. OREGON LAWS 2007. AND SECT IONS 2 10 9 AAD 1'. CHAPTER 855, OREGON 1,AN%S 2009, AND S'EC'I IONS 2'10 7, CHAPTER S. OREGON LA" 17010 L,,,l lbe No l lmrinR esambrencIs' Covenant, Conditions, RCSVIGIDos end Issrel—ls TreNiol Thi, true emsiderat.. far this n,)., Syanuc is S225,000.0I. 16A IANC. L vNn ,. cRNFARv Stare of Omenn County of Lan, IFie imaunreut o, acknoa'Icde_,d before neon aL 16 by KEVIAALLTCCKER, Ni NJ ABAD AT; A, INC Nor -I. Ec rOregolp MY mmm'rsan c. es OLFlCW. IT JANELLE BARILEII BEEBB NOTARY P._C-OPEGONR:p , CO MMISSKK9 ,0.4870890 WCONMI98NRIElPOESAWE12.3% IM Exhibit B Page 21 of 52 Attachment 2 Page 25 of 69 I IXuinl f'tA• PARCELI'. Regia log at Le Soul,cou cor ofd,. Daniel Harkins Donation l and Claim No 61. said point o lso b.ingehe is enffet corner ofdhe Herold Introit' Donation Land Clain, No 62 io Section 33, 1'owneM1lp I7 Snu@, Range 2 West of the W, inamst, sheIdied: hence still it, 0' 04 46" \dash 1971 64 15c1 alnn.tire Donation Land Claim IInc to a .all on the Nudh Zine of I , IingenuSpnngtield State I Iiell, ay right of on, line said point being 50 feel at asht angles from Station "HB" 9+67,791 thence North 0' 04' 46" W a,, 909.25 Ieet along said claim line In a point, thence North 89" 55' W" Fast 80 00 fact hhenca North 0. 04' 46' W.,,41742 tell 111 om tme point ofbeginn inge tl,onm North 89' 55' Id' Fast 208.71 felt doll... South 0- 04' 46" Lnsl is' ;2 flet ,tali. North 89' 55' 14' Fast 649.38 feet to a Peine thence Nord, 0' 16' et' Wee 463.5 lee, to the Northeast concede came Jessie M_ Munn Donation Land Clean No 74, said point All(' being to Nmvhcas, comer of the Harold Johnson Donation land Clain, No. 62abmce north 89` 49' 02" Least 500 28 feet to a paint, thence Noah 0' 10' 31" West 631'2 feet to ,he Sondma# comeroRhm certain parcel of and described in Deed to Stanley E. MCNart.r NdTded December 27, 1992. IL ption No.34131, Lane County Ofocial Retrial, thence Soul, U' is 40" V, not 1362 91 feet alongdm SouMerly line el nold parcel to a point which be... North 0`W' 46" Walt hear 6, true point of beginning; rhrnce South ON 04' 46" East 574.8] felt Is the mol point ofbeginoing. In Lane Count, Oregon_ PARC ILL 2 Reeimfma at till Southeast lNeact oftho Daniel I Infero, Dunmion Land Qaim No. 61, said point also being the to annual client ofthe Herold Johnsen Donation Land Claim No fit in Section 33, Township 17 South. lunge 2 W,a of tire A 111maille Mardian, thence Nord, 0" 04' 4C' W est 2678.89 fact along said claim no to a point', thence North or 55 14" lost 288 71 feetto the true Point of begtnningahenw North 89° 5' 141 East 561 beetN a pomp recall South 0' 16 13" Fair 902.48 real to u point in thea ons,I n, of I lige Ranks Road (County road No 440)N thence South 89'00'20"Last SO.02 het olong s,ad ... arlineofhigh ink, Road to a point: thence North 0' 16' 13' Wast963.98 fact to a point: thence South 89' S5' 14" West 64738 feet to a point; thence South 0' 04' 40' Fart 60. 00 Jose to the tine point of beginalar o Lane County, Oregon FXCFPT III' port e-,thinthe bonndana fthe Hmh Bunks Road_ in Lane( In' ,Oregon. ALSO EXCEPT vn,I portion do,,, told in cited to the tip -let S,an ta,ld rrecorded April 19, 1991, Reception No. 9119392 Lane Count, Official Seen & in lane Couuq, O eon. A 110 FX( FPT not portion described in deed to Rexius Forest By Products, Inc, rewrded May 12, 1993, Reception No. 91 Lane Courcy 01 foul Rxhrds, in Lane County. Oregon. PARCELS I he Nosh 1393 fceno the lallom4ng alter told prefer, _ Baidnalg at a point being Smah 0'16'dt"I:ml 522.05 fad and South 89" 55' 14" 14.9 80. 00 feel form one Nnrthecst cal net ofthe Jessie Mann Donation Land Claim No 74. 1 ownxhip 17 s l.0,. Ito ng12 Walt often Willamette Me. dian thelia South W 16' 43" fast 890.49 feel'. then,, North 89= 00' 20' Ware 110.00feet thence Xnph 0` 16' 43"We,L 265,001 t, thence North 89' No 30'West 16512 fep lmnce North o' I6' 43" N'est59270 full that,, North 89.55 14' Fast 415.00 Fall m in, puim of retinol I,, In Lane drum, ILIAL Exhibit B Page 22 of 52 Attachment 2 Page 26 of 69 City of Springfield Annexation Application Attachments ATTACHMENT E Preliminary Title Report Exhibit B Page 23 of 52 Attachment 2 Page 27 of 69 T 1111111IInu11ININIIIB11 easeaoe TITLEg'RFr.31co. PRELIMINARY TITLE REpR .P.l 5 d5 GC6N SUPPLEMENTAL UUUU IS T!II Pc`f'iiif Fl.g FLAP ARF HEREBY FDGF„D CASCADE ESCROWMarch 14, 2016 REVIEWED & A(f G OTED ATTN: MELISSA MITCHELL Report No: 011 WILLAMETTE STREET YourBull r; ABADABA, INCEUGENE, OR 97401 Seller: ABADABA, INC Buyer: BIG BASS, LLC PRELIMINARY REPORT FOR: Owner's Standard Policy $225,000.00 PREMIUMS: Owner's Standard Premium Gov. Lien/Inspect Fee 763.00 35. 00 We are prepared to issue 2006 (6/17/06) ALTA title insurance Polioy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land describedasfollows: Vestee: Estate: A T T A C H E D) ABADASA, INC., an Oregon Corporation, formerly known as EUGENE SAND & GRAVEL INC. FEE SIMPLE DATED AS OF: MARCH 02, 2016 at 5:00 A.M. Schedule H of the policy ties) to be issued will contain the following general and specialexceptionsunlessremovedpriortoissuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): Taxes or assessments which are not shown as existing liens by the records of any taxingauthoritythatleviestaxesorassessmentsonrealpropertyorbythePublicRecords; Proceedings by a Public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the PublicRecords. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons inPossessionthereof. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claimsortitletowater. No liability is assumed hereunder until policy has been issued and full policy premium has been paidMAINOFFICEFLORENCEOFFICEVILLAGEPLAZAOFFICE811WILLAMETTEST. 715 HWY 101• FLORENCE. OREGON 97439 4]50 VIIL.4GSPLAAZAZA OOFTCE 100EUGENE, OREGON 97401 MAILING: PO BOX 508' FLORENCE, OREGON 97439 EUGENE, OREGON 9]401PH: (541)687-2233"FAX: (541)185-0307 PH: (541)997-NO+FAX: (541)9974246 PH: (541)653-RU2"FAX: (541)844-1626E-MAIL; INFO&CASCADFTFl,_ CC E-MAIL: PLOR F,NC2/a`A CGpp Tlpyp COM E-MAIL: VILIAGEPL 'Y AOETITI C COM Exhibit B Page 24 of 52 Attachment 2 Page 28 of 69 Order No. 0294593 Page 2 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land surveyoftheLand. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by thePublicRecords. SPECIAL EXCEPTIONS: 6. Easement, including the terms and provisions thereof, granted the City of Eugene, Oregon, by and through the Eugene Water & Electric Board, by instrument recorded April 17, 1964, Reception NO. 51916, Lane County Oregon Deed Records. 7. Power Line Easement, including the terms and provisions thereof, granted to the City of Eugene, a municipal corporation, for the use and benefit of the Eugene Water & Electric Board, by instrument recorded June 23, 1965, Reception No, 8463, Lane CountyOregonDeedRecords. 8. Easements, obligations, restrictions and limitations as contained in Deed recorded October 15, 1971, Reception No. 68750, and as modified by Deed recorded December 27, 1972, Reception No. 34131, Lane County Official Records. 9. Right -of -Way Easement, including the terms and provisions thereof, granted the City Of Springfield, a municipal corporation, acting by and through its Springfield UtilityHoardbyinstrumentrecordedJuly23, 1973, Reception No. 7333658, Lane County officialRecords. 10. Power Line Easement, including the terms and provisions thereof, granted to the CityofEugene, a municipal corporation, for the use and benefit of the Eugene Water & Electric Board, by instrument recorded June 1, 1977, Reception No. 7733022, Lane CountyOfficialRecords. 11. Power Line Easement, including the terms and provisions thereof, granted to the CityOfEugene, a municipal corporation, for the use and benefit of the Eugene Water & Electric Board by instrument recorded January 11, 1978, Reception No. 7802131, LaneCountyOfficialRecords. A certified copy of the Board of Directors' Resolution authorizing and directing the sale or mortgage of the subject property, should be provided prior to closing. 2 Our examination of the title to the subject property discloses no open Trust Deeds or Mortgages of record. The accuracy of this conclusion should be confirmed in writingpriortoclosingoftheproposedtransaction. NOTE: Taxes, Account No. 1239464, Assessor's Map No, 17 02 28, #405, Code 19-01, 2015- 2016, in the amount of $98.12, PAID IN FULL. Taxes, Account No. 1023520, Assessor's Map No. 17 02 28, 4405, Code 19-00, 2015-2016, in the amount of $577.36, PAID IN FULL. Taxes, Account No. 1023512, Assessor's Map No. 17 02 28, #402, Code 19- 01, 2015- 2016, in the amount of $2,700.15, PAID IN FULL. NOTE: A Judgment search has been made on the above named Vestee (s) , and we find NONE exceptassetforthabove. NOTE: As of the date hereof, there are no matters against BIG BASS, LLC, which would appearasexceptionsinthepolicytoissue, except as shown herein. Exhibit B Page 25 of 52 Attachment 2 Page 29 of 69 Order No. 0294593 Page 3 NOTE: According to the public record, the following deed (s) affecting the property herein described have been recorded Within 24 months of the effective date of this report: NONE NOTE: This report is being supplemented to update the buyer and update the judgment search note. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. klb: Title Officer: TYLER YORK Cc: BSG BASS, LLC EMAIL: SHAUN@JHCONST.COM Cc: ABADABA, INC. EMAIL: MALLTUCKEROINFOWEST.COM Cc: EVANS, ELDER AND BROWN ATM: JOHN BROWN/IRENE AUS TUCKER EMAIL: IRENEBEEBCRE.COM EMAIL: JOHN®EEBCRE.COM Exhibit B Page 26 of 52 Attachment 2 Page 30 of 69 Order No. 0294593 Page 4 PROPERTY DESCRIPTION PARCEL 1: Beginning at the Southeast corner of the Daniel Harkins Donation Land Claim No. 61, said point also being the re-entrant corner of the Herold Johnson Donation Land Claim No. 62, in Section 33, Township 17 South, Range 2 West of the Willamette Meridian; thence North 0' 04' 46" West 1971.64 feet along the Donation Land Claim line to a point on the North line of the Eugene -Springfield State Highway right of way line, said point being 50 feet at right angles from Station "HB" 9+67.79; thence North 0 04' 46" West 707.25 feet along said claim line to a point; thence North 89" 55' 14" East 80.00 feet; thence North 00 04' 46" West 417.42 feet to the true point of beginning; thence North 89- 55' IV East 208.71 feet; thence South 0° 04' 46" East 357.42 feet; thence North 890 55' 14" East 647.38 feet to a point; thence North 0 16' 53" West 462.5 feet to the Northwest corner of the Jessie M. Mann Donation Land Claim No. 74, said point also being the Northeast corner of the Herold Johnson Donation Land Claim No. 62; thence North 89° 49' 02" East 500.28 feet to a point; thence North 0 10' 31" West 631.72 feet to the Southeast corner of that certain parcel of land described in Deed to Stanley E. McNutt, recorded December 27, 1972, Reception No. 34131, Lane County Official Records; thence South 83° 03' 40" West 1362.91 feet along the Southerly line of said parcel to a point which bears North 0 04' 46" West from the true point of beginning; thence South 0° 04' 46" East 574.87 feet to the true point of beginning, in Lane County, Oregon. PARCEL 2: Beginning at the Southeast corner of the Daniel Harkins Donation Land Claim No. 61, said point also being the re-entrant corner of the Herold Johnson Donation Land Claim No. 62, in Section 33, Township 17 South, Range 2 West of the Willamette Meridian; thence North 0° 04' 46" West 2678.89 feet along said claim line to a point; thence North 89° 55' 14" East 288. 71 feet to the true point of beginning; thence North 89° 55' 14" East 567.59 feet to a point; thence South 0> 16' 53" East 902.48 feet to a point in the centerline of High Banks Road (County Road No. 440); thence South B9° 00' 20" East B0.02 feet along said centerline of High Banks Road to a point; thence North 0° 16' 53" West 963.98 feet to a point; thence South 89° 55' 14" West 647.38 feet to a point; thence South 0° 04' 46" East 60.00 feet to the true point of beginning, in Lane County, Oregon. EXCEPT any part within the boundaries of the High Banks Road, in Lane County, Oregon. ALSO EXCEPT that portion described in deed to the City of Springfield recorded April 29, 1991, Reception No. 9119392, Lane County Official Records, in Lane County, Oregon. ALSO EXCEPT that portion described in deed to Rexius Forest Ey-Products, Inc., recorded May 12, 1993, Reception No. 9328423, Lane County Official Records, in LaneCounty, Oregon. PARCEL 3: The North 139.3 feet to the following described property: Beginning at a point being South0° 16. 43" East 522.05 feet and South 89° 55' 14" West 80.00 feet from the Northwest corner of the Jessie Mann Donation Land Claim No. 74, Township 17 South, Range 2 West of the Willamette Meridian; thence South 0° 16' 43" East 870.49 feet; thence North 89° 00' 20" West 250.00 feet; thence North 00 16' 43" West 265.00 feet; thence North 690 00' 20" West 165.12 feet; thence North 0° 16' 43" West 597.70 feet; thence North 89° 55' 14" East 415.00feettothepointofbeginning, in Lane County, Oregon. Exhibit B Page 27 of 52 Attachment 2 Page 31 of 69 uI- vl 1 F I 6 S i 402 * LOT 4 2415 AC ESE COR CQR INT ELL ISDN i, POWERS OR A S POWERS DLC 49 C,162 DLC 49 :,,_0' 11111• z_ ,5.61 CH•tOCS JJ l ;49'615 iAh'Si'•<"ry 19gaCM•92CJ_ W 509.CB' 1. l3AJP NE COR NJOHNSON NW COR 403 DLC 62 JM MANN 2 AC s s" DLC 74 ry i' - pCOR '. {. SGY!d'16'W 6J)AC 2KINS LC 61 M'm' z 400 405 NVVW'E E 93<,R8T79AC 193. 9' CW'SESS FROM 1' 406404 MW COP. DLC fit c0.34AC =; 7.17 AC i as' 8 Nrr. 4 ns .S,a .. •h F xe `}'.,. A .. 0.85 AVIv: 30"I w 3X6,3] 9.19'11W 'LL91' i k Tt3ly 'a -0" THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN 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, I.Or ATTnN ni: F A SGMFNTC A!DV A1n. n1ir ., .--- .----- Exhibit B Page 28 of 52 Attachment 2 Page 32 of 69 r. JASUAIJE TITLE GO. 17-02-28- 00 DTJ s NA9'ry OVIY .:I (l I 9 11-17-NsN' 0.85A. NAYlp BT .t,9 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN 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, r;t.24.5 2 LOT 4 C ESE COR CQRN INTELLCOR AS POWERS ISDN POWERS DLC C 62 DLC 49 8C1, +,816 Ye 15.64 CH•, W:.:J 55'fi5.•`N ,99a CN. 92c"-. ' w49 Fi03'a8:SM?d' r Xd" NE COR N JOHNSON NW COR 403 DLC 62 J M MANN i. 2ACynI- s DLC 74 OR j ' sovs;:•w arab 2, INS LC 61 400 405 7.79 AC 9'S5'fb4 N69'W'SA'E 9Jt53d W-9 WE 551.Ji'fROM. 406 Nw COP OLC B: f 404 034AC >' 7-17 AC DTJ s NA9'ry OVIY .:I (l I 9 11-17-NsN' 0.85A. NAYlp BT .t,9 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN 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, Exhibit B Page 29 of 52 Attachment 2 Page 33 of 69 CASCADEEECHOW BUYER'SCWSINGSTATENIENT—Escrow No: EU16-0645 PAGE IOF2 TO: CASCADE ESCROW DATE: 0311811016 811 WILLAMETTE STREET EUGENE. OR 97401 PHN: (541)687-2_233 FAX: (541)485-0307 BIG BASS, LLC (the "Buyer") is/are burying the subject property described herein from: ARADARA, INC. (the "Seller") Buoer acknowledges the incorpomfloo herein ofthe Joint Escrow Instructions executed coincidentally herewith. You are instructed w disburse the funds according to the debits and credits as set forth below. SUBJEC']'PROPER PY: 17 0228 00 4402 & P405, Lane COUNTY TITLE ORDER NO.: 0294593 PRORATE DATE: 038112016 DEBIT CREDIT PURCHASE PRICF, 225,10800 Seller credit to Braver For Dept of Geology permit 875. 00 BUYER DEPOSITS: PROBATIONS .AS OF Close of Escrow REAL TAX -ACCT 1239464 X98:12 paid to O71,01I20I6 27.41i i REAL, rAX-ACCT 1023520 04577J6 paidto 07.'01/2016 161.34 I RLALTAX-ACCT1023512 (172,700.15 paidto 07/0/2016 754.561 I, ESCROW FEES: CASCADE LS'CROW I RESIDENTIAL ESCROW CLOSING PEE -50% 437.50 1'1TLE CHARGES: CASCADE TITLE COMPANY .._..__ GO}IIEN/INSPECT LLE -50% 17-50 RECORDWARRANTY DEED 52.00 ADDITIONAL CHARGES &CREDITS: BALANCE NEEDFDTOCLOSL W f(iEc Q\SfIItiN`S'C'HCCK PLGASf^, NnYAFI F'FO CASC4-)611SCB0\M1' 1- 225,5, 5.32 TOTALS 226,450.32$226,450.32 The undersigned are aware that the Flgurcc listed above are estimated figures and may change between the date ofsigning and the date of recording. Escrow agent herein is authorized and instructed to make the nccessmy adjustments at the time ofclosing. Me hmcby acknowledge receipt of a copy of this statement Accepted and Approved: Dated: HCS Exhibit B Page 30 of 52 Attachment 2 Page 34 of 69 BIIYER'SCLOSINGSTATEMENT— FscrowNo: F.LJI6-0645 PAGE 2 OF 2 BIG BASS, LLC BY: JOHN H. HYLAND, MANAGER BCS ESCROW OFFICER: MELISSA MITCHELL Exhibit B Page 31 of 52 Attachment 2 Page 35 of 69 EARNESTMONEY ADDENDUM ALL CONDITIONS MET CERTIFICATION 03'18,2016 ESCROW NO.: EU I6-0645 SUBJECT PROPERTY: 17 02 28 00 4402 & 4405 Lan, COl1NTY We. the undersigned, hereby certify that all conditions and contingencies of the Sale Agreement and any and all Addenda have heen met and satisfied, and are hereby removed. SELLER; ABADABA, INC. BY: KEVIN ALI.TUCKER, SECRE I ARY BAYER: BIG BASS, LLC BY' JOIN 11. HYLAND, MANAGER FMA Exhibit B Page 32 of 52 Attachment 2 Page 36 of 69 1111gCOE E9CFOW JOINT ESCROW INSTRUCTIONS- ESCROW NO: EU16-0645 TO: CASCADE ESCROW 811 WILLAMETTE STREET DATE: 03/18/2016 EUGENE, OR 97401 PAGE: I of PARTIES: SELLER: ABADABA, INC. BUYER: BIG BASS, LLC SUBJECT PROPERTY: 17 02 28 00 0.402 & 4405, Lane COUNTY As more fully described in the title reporL The parties hereby emplov Cascade Escrow to act as settlement agent in connection with the sale by Seller to Buyer of the subject property and agree, advise and instruct Cascade Fscrow as follows: The signed Closing Succnncn6s are made a part of these instructions as if fully set fm'th herein. Certain items on the closing statements are estimates only and the final figures may be adjusted to accommodate exact amounts required atthe time of closing of escrow and disbursement of funds- If for any reason additional binds still]] become due for the accounts being paid through this escrow, the SehedBuycr agree to deposit such additional funds immediately upon notification. TITLE INSURANCE POLICY OR POLICIES: Obtain through CASCADE'I I' I'LE COMPANY the following title insurance policy or policies on the subject property: OWNER'S STANDARD POLICY $325, 000.00 Inswing: BIG BASS, LLC, on Oregon Limited Liability Company Showing title vested in or the interest of BIO BASS, LLC, an Oregon Limited Liability Company Subject to the usual terms, conditions and exceptions contained in the tonn of title insurance policy herein provided for and any exceptions arising from or created by the documents recorded through this escrow and the following exceptions: 1-11 OWNER'S in that title report dated 03/ 02/2016, Order No, 0294593. The par tics acknowledge receipt of the title report and map, and have read and approved the sante. Additional Instructions: You are authorized to adjust the proration if the react ding date or possession dates changes. All items to be paid in this escrow are reflected on the closing statements constituting a part of this escrow, Should mry item not appear on the closing statements, it is to be paid by the buyer and/or seller outside of this esorow. You are instructed to pay all credit card items and other consumer type debts m the amotmffi as shown on the Closing Statements put start to the lender's instructions to you. You are to accept the account information and amounts that have been provided to you without verification, If the invoices For the cadit cards andlor consumer type debts arc not supplied to escrow, then Cascade Escrow will deliver checks fm'said debts to the undersigned for delivery to said creditors, with no liability to Cascade Escrow. Any and all said checks shall be delivered via regular mail, unless instructed by the undersigned_ PRORATIONS shall be made as ofClose of Escrow. The imms to be prorated or adjusted in escrow are: REAL PROPERTY TAXES. AI I adjustments to be made on a per diem basis, unless otherwise instructed prior to closing. HE Exhibit B Page 33 of 52 Attachment 2 Page 37 of 69 JOINT ESCROW INS'IRUC'FIONS—ESCROW NO: EU16-0645 OYM2016 PAGE OF 4 Itis understood that Homeowner's Association dues, water, sewer, waste collection, electricity and utility charges and inventory for fuel will be adjusted between Seller and Buyer outside this escrow. unless set fooli on the Closing Slatemcnts. DOCUMENTS TO BE DELIVERED THROI IGH ESCROW SHALL BE: The documents required to place title in the condition called for above, any documents referred to in the sections entitled "Existing Encumbrance(s)/Loan(s)" and/or "New Encumbrance(s)" and env other documents specified in these instructions„ Buyer will cause to be delivered to you ferrous and documents necessary for Buyer to comply with these instructions. Seller will cause to be delivered to you the funds and documents necessary For Seller to comply with these insh unctions. When you are in receipt of said funds and documents, you are to record and/or deliver the documents and disburse the funds in accordance with these instructions and the attached Closing Statements. In modification of the foregoing, Buye and Seller acknowledge that some lenders will not deposit loan funds into escrow until after recordation of documents. You aro authorized to record documents deposited into the escrow prior to the lenders deposit of finds therein when you have been given instructions by the lender to record. In the event lender subsequently Pails to deposit funds into escrow, Buyer and Stiller agree to execute and record all documents necessary to restore title to the premises to the condition existing, or to said recordings. Buyer and Seller each hold Cascade Escrow bar nfess front any failete to perform and release Cascade Escrow from any liability at therefrom. fire parties to this escrow acknowledge that they are aware of the governmental regulations which require that all funds deposited into escrow must be collected funds and available For withdrawal prior to the disbursement of escrow. All funds deposited to this escrow must be deposited in the fern of a Cashier's Check Certified Check or Who Transfer. ht the event o1' deposit ot-uncollected funds, Cascade Escrow is authori>cd and instructed to delay the closing of the escrow pending confirmation of the clearance of all deposits- All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Cascade Escrow with any State or National Bank, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of Cascade Escrow, if, without agreement, funds arc retained or remain in escrow 6 months after close of escrow, you may deduct therefrom a $25,00 per month fee. The expression "close ofeserow" means the date on which instruments referred to Itcreia are recorded. Any documents that have been prepared by Cascade Rsm'ow were so prepared at the partiesdirection and have been reviewed and approved as to terms, provisions, farm and content by the parties- Cascade Escrow is auhm izcd and instructed to insert dates and terms on instruments if executed incoripicie in such particulars. A her close of escrow, you are to deliver the documents, finds and other property delivered herewith to the persons entitled thereto. You are to furnish a copy of these instructions, amendments thereto, closing statements andior any other document deposited in this escrow to the lender or lenders and/or the real estate agent or sgeuts involved in this transaction upon request of such lender(s) or agent(s). Cascade Title Co. is authorized to act pursuant to ORS 86.720. You will record/file the necessary legal instruments and you are then authorized to pay off such encumbrances ofrccord as may exist at time of recording,/ Hung such instruments, to permit issuance of said title policy as above stated and shall not be responsible for (lens attaching after said date. Buyer and Seller liezby acknowledge that they have and shell have the continuing obligation ofgood faith in dealing with Cascada Escrow to enable Cascade Escrow to fulfill its responsibilities under tris agreement, Such obligation of Royer and Seller shall survive the closing of the transaction described herein and Shull include, without [initiation, the obligation To: (i) Disclose to Cascade Escrow any liens, encumbrances or any other rights, claims or matters known to Buyer or Seller Which affect or [elate to file property and transactions referred to in this agreement; (2) Return to Cascade Escrow for proper disposition uny funds, documents or other property which are for any reason improperly or mistakenly released to Buyer or Seller; and, (3) provide to Cascade Escrow all additional documents, funds and signatures required by Cascade Escrow to fittill these escrow instructions and to fidfill Cascade Escrow's obligations to report and remit to the State of Oregon pursuant to ORS Ore. Rev. Statutes 314.258, ct seq. To facilitate Buyer's and Seller's continuing obligation ofgood faith and cooperation to Cascade Escrow and to enable Cascade Escrow to fulfill its obligations under these escrow instructions, each of Che undersigned hereby itreve:.nbly appoint Cascade Escrow their anorncy. in-fact to esecute in their name and on their behalf such papers and documents as may be required to fulfill the teams ofthese escrow instructions. You are or have no liability or responsibility with respect to any mantis connected with the following (unless expressly nuthorizcd herein): 0) Compliance with requirements of the Consumer Credit Protection Act or Inter -State Land Sales Act, or El Exhibit B Page 34 of 52 Attachment 2 Page 38 of 69 JOIN 'P BSCRO W INSI RUC'1IONS — ESCROW NO: EU 16-0645 0"1111812016 PAGE 3 OF 4 similar laws; (2) Compliance with the requirements of Oregon Revised Statures 537. 330 (related to waterlights), Oregon Revised Statutes 537. 788-793 (related to well information), and any similar laws; (3)'Fitle tc any personal property, or encumbrances thereon, including but not limited to, personal in taxes, sales tax, instrnnicnts filed under the Uni roan Commercial Code, water rights, or leased equipment en premises; (4) Capacity, forgeries or false personations of any person or party in connection with these instructions or this escrow; (5) Fire Insurance and any other insurance coverage. Suller and Buyer agree that such coverage will he provided far outside [his escrow; (6) The e%act of voting ordinances; (7)An law regarding land diviniom; and, (8) Any sums Ihat may become due because of disqualiticatinn of the property' qualifying for deferred taxes or other deferred liens. NON-RESIDENT ALIEN — FIRPTA. The Foreign Investment in Real Property tax Act (FIRPTA,'ritle 26 U.S.C, Section 1415, and the regulations there under, provide, in pail, that a transferee (buyer) of a U.S. real property interest from a foreign person (generally a non-resident alien individual, a foreign corporation, a potation partnership, a foreign trust 01 a foreign estate) must withhold a tax equal to ten percent (I0%) of the amount realized on the disposition (generally the sales price), report Inc transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Cascade Escrow has not participated and will not participate in any determination of whether the FIRPTA his, provisions are applicable to the subject transaction; has not acted and will not act as a "qualified substitute" (as defined in the code and/or regulations) io receive a pettiflcation ofnon-foreign status from the transferor; and has lot but and will not famish tax advice to any party to the transaction. Cascade Escrow is not responsible for determining whether the transaction, the transferor (seller) or the transferee (buyer) qualities or will qualify for ah exception or an exemption from FIRPTA withholding requirements and is not responsible for the tiling of any tax form with the IRS related to FIRPTA's application at this transaction and its principals. Cascade Escrow is not the agent for the transferee (buyer) far the purposes of receiving or urn Iyzing any evidence at documentation that the transferor (seller) in the subject transaction is a I1.S. ciPiam, a resident alien or a foreign person for purposes of FIRPTA requirements. The lrnnsferee (buyer) is advised that transferee (buyer) should seek the advice of lawyer or other legal or tax professional regarding compliance with FIRPTA requirements and that transferee (buyer) must make an independent determination of whether the transaction is subject to FIRPTA withholding requirements and of the appropriate actions to take and documentation to obtain in con lecithin with those requirements- Cascade Escrow is not responsible for the payment of FIRPTA withholding nation any penalty and/or any interest incurred in connection therewith. 'I lie transferee buyer) is advised that FIRPTA withholding and reporting requirements are not matters covered by title insurance, if uny, issued to transferee (buyer) in connection with this transaction. The transferee (buyer) is advised drat transferee (buyer) bears full responsibility for compliance with FIRPTA withholding and other requirements if applicable and/or all consequences of any failure t0 comply therewith. In the cvont that the transferee (buyer) and/or the transferor (seller) instincts Cascade Fscrow to make a disbursement for FIRPTA withholding and to deliver FIRMA -related forms tothe IRS, Cascade Escrow does so pursuant to the principals' written instructions solely in its capacity as in escrow agent, without offering or giving any legal or tax advice to transferee (buyer) in Irausferor (setter) regarding FIRPTA withholding and other requirements. In the event any dispute arises between Buyer and Seller concerning the property, documents, or funds covered by these instructions, Cascade Escrow may at its election: (1) bold all matters in their existing status pending resolution Of Such dispute; or, (2) Join at continence a court uAion, and, in such action deposit the funds and documents reperred t0 herein with the court where such action is pending, and ask the court to determine the rights of Buyer and Seller in and to such property, documents and fluids. In the event of such dispute and Cascade Escrow's election ofether alternative described above, Cascade Escrow shall have no further duties or obligations tinder this agreement other than either m hold such funds and documents until Buyer and Seller have resolved their dispute or to deposit such Ponds and doeuments into court. In the event any suit or action is brought by Seller, Buyer. Cascade Escrow or any ofthem to enforce this agreement or to resolve any dispute bebveen or anion, Buyer, Seller and Cascade Escrow, including a suit for declamtoryjudgauat, the prevailing party shall be entitled to recover all expenses, costs and reasonable attorney's fees incurred in connection with such suit or action at'trial, on appeal, on any petition for review, and in any arbitration or administrative or bankruptcy proceeding. We have been specifically informed that Cascade Escrow is not licensed lo pmetice law and no legal advice has been offered by Cascade Escrow or any of its employees. We have been further informed that Cascade Escrow is acting only as an escrow holder and is forbidden by law to offer any advice to any party respecting the merits ofthis transaction or the nature of the instruments utilized, and that it has not done so. We have not been referred by Cascade Escrow t0 any named Literacy or attorneys in discouraged Bim seeking advice of an attorney bort have been encouraged to seak legal counsel of our own choosing at cur own expense, if we have doubt concerning any aspect of this transaction. I® Exhibit B Page 35 of 52 Attachment 2 Page 39 of 69 JOINT ESCROW INSTRUCTIONS— ESCROW NO: FU16-0645 0',%I R%2o 16 PAGE 4 OF 4 We have been afforded adequate time and opportunity to read and understand the escrow instructions and all other documents referred to therein. We have agreed and agree to conduct the transactions described herein electronically, including the use of electronic signatures. We acknowledge that we have received the HUD -I and/or HUD -IA Settlement Statement at least (1) business day prior to settlement, or we acknowledge that we have waived our right to the (1) business day review period per CFR§ 1024.10. The Seller and Buyer herein agree, by executing the documents nee esary to close this transaction, that all terms, provisions and contingencies on the Earnest Money Agreement and any anuchmen•.s thereto have been met or will be met to the satisfaction ofthe undersigned parties. Utica mct, they will be handled by and between the parties hereto outside this escrow. Cascade Escrow will have no responsibility or liability for am, of said contingencies not met. Cascade Escrow shall not be concerned with oral directives, earnest moncv agreemcnts mother writings other than an agreed express written amendment to these insn'uctions. We agree that inspections and/or repairs are paid outside of escrow, unless they are set out in the attached closing statement. - Seller and Buyer are hereby informed that Cascade Escrow deposits all funds into a non-interest bearing account and receives or may receive certain bank services including, but not limited to, checks, depositslips, data processing and account services Cron or through various banks as a result of the banking relationships maintained in the regular course of its escrow and of ilimc,' business. Seller and Buyer each waive any and all rights or claims with respect to such bank services received by Cascade Escrow or any affiliates thereof. A Goad Faith estimate ofthe value of the bank services received is 550.00 per escrow transaction. 7 nis disclosure is made in compliance with Oregon Administrative Rule 863-50-065. WE ACKNOWLEDGE ADVISEMENT OF THE ABOVE DISCLOSURE AND PERMIT SUCH SERVICES TO CASCADE ESCROW. ITIS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSIRLCT1ONS THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS .AN ESCROW AGENT AND YOU AS PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OFT HE EARNEST MONEY AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: BUYER: ABADABA, INC BIG BASS. LLC BY: BY: KCVIN ALLTLCKLR. SECRETARY JOHN H.HYLAND,MANAGER ADDRESS AFTER CLOSING: Asn ADDRESS AFTER CLOSING IF Oft ME TI IAN SUBJECTPROPERTY: Exhibit B Page 36 of 52 Attachment 2 Page 40 of 69 TITLE NO. 0294993 ESCROW NO. EU16-0645 T'AX ACCIf. NO. 1023512, 1023520, 1239464 MAP,'f.AX LOT NO. 1'0228001402&',405 GRANTOR ABADABA, INC. GRAN'T'EE BIG BASS. LLC ir`1 c P.O. BOX 7867 -- SPRINGFIELD, OR 97475 - Until aehemgc is requested After recmding return. to: all tax statements shall be CASCADE TITLE CO. sent to the following address: 811 WILLAMETTE SAME AS GRANTEE* EUGENE, OR 97401 WARRANTY DEED -- STATUTORY FORM ABADABA, INC., an Oregon Corporation, Grantor. conveys and warrants to BIG BASS, LLC, an Oregon Limited Liability Company, Grantec, the following described real property fro: of encumbrances except as specifically set Porth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE BEFORE SIGNING OR .ACCEPTING THIS INSTRUMENT, TIME PERSON 'TRANSFERRING FEE TITLE SHOULD INQUIRE, ABOUT THE PERSON'S RIGHTS, IF ANY, TINDER ORS 195,300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, Olt EGGS LAWS 2007, AND SECTIONS 2 TO 9 AN'D 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 10 7, CHAPTER 8, OREGON LARK 20F0.'1'HIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING Olt ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE HI'LL TO THE PROPERTYSHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPAR'GMENT TO VERIFY THAI"I'llE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 Oft 215.010, 1'0 VERIFY THE APPROVED USES OF 1,11E LOT OR PARCEL, TO DF:rFRMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEGINIlD IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF N'EIGIII30RING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SEC'T'IONS 5'r0 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 21'0 7, CHAPTER 8, OREGON LAWS 2010. Exccpl the following encumbrances: Covenants, Conditions, Restrictions and Easements ofrecot'd. The true consideration for this conveyance is $225,000M. Dated this day of _. ABADABA, INC. WRD Exhibit B Page 37 of 52 Attachment 2 Page 41 of 69 BY: KEVIN ALLTUCKER, SECRETARY State of Oregon County of Lane This instrument was acknowledged before me on , 2016 by KEVIN ALLTUCKER, Secretary of ARADARA, INC Notary Public for Oregon) My commission expires... Exhibit B Page 38 of 52 Attachment 2 Page 42 of 69 LXHIBI'1"'A" PARCEL]: Beginning at the Sontheast comer of tile Daniel Harkins Donation. Land Claim No. 61, said point also being the re- entrant comer of the Listed Johnson Donation Land Claim No. 62, in Section 33, Township 17 South, Range 2 West of the Willamette Meridian; thence North 0" 04' 46" West 1971.64 feet along the Donation Land Claim line to a point on the North line of the Eugene -Springfield State Highway right ofway line, said point being 30 feet at right angles from Station "HB" 9+67.79; thence North 0' 04' 46" West 707.25 feet along said claim line to a point; thence North 89' 55' 14" Hast 80.00 feet; thence North 0' 04'46" West 417.42 feet to the true point of beginning; thence North 89' 55' 14" East 108.71 feet; thence South 0' 04' 46" East 357.42 feet; thence North 89' S5' 14" East 647.38 feet to a point thence North 0' t6' 53" West 4625 feet to the Northwest corner of the lassie M. Mann Donation Land Claim No. 74. said point also being the Northeast corner of the Herold Johnson Donation Land Claim No. 62: thence North 89° 49' 02,r East 500.28 tbest to a point; Nance North 0' 10' 3 1 " West 63 i.72 feet to the Sontheast comer of that certain parcel of land desc ibed in Deed to Stanley E. McNutt; recorded December 27, 1972, Reception No. 34131, Lane Comity Official Records: thence South 83' 03'40" West 1362.91 feet along the Southerly Zine of said parcel to a point which bears North 0' 04'46" West tirom the true Point of beginning; thence South 0' 04'46" East 574,87 feet to the true point of beginning, in Lane County, Oregon. PARCEL2: Beginning at the Southeast corner of the Daniel Nations Donation Land Claim No. 61, said point also being the re- entrant comer of the Herold Johnson Donation Land Claim No. 62, in Section 33, Township 17 South, Range 2 West of the Willamette Meridian: thence North 0' 04' 46" West 2678.89 feet along said claim line to a point: thence North 89' 55' 14" East 288.71 feet to the true point of beginning; thence North 89' 55' 14" Gast 567.59 feet to a point; thence South o' 16'53" East 902.48 feet to a point in the centerline of High Banks Road (County Road Ne. 440): thence South 89' 00' 20" Gast 8402 feet along said centerline of High Banks Road to a pomp thesim NOrlh 0' 16 S3" West 963.98 fcct to a point: thence South 89' 55' 14" West 647.38 feet to a point; thence South 0' 04' 46" East 60.00 feet to the nue point of beginning, in Lane County, Ori EXCEPT any pan within the boundaries of the High Banks Road, in Lane County, Oregon. ALSO L'XCBP'I that portion described in dcod W the City of Springfield recorded April 29, 1991, Reception No. 9119392, Lane County Official Records, in Lane County, Oregon. ALSO EXCEPT that portion described in deed to Rosins Forest By -Product's, Inc., recorded May 12, 1993_ Reception No. 9328423, Lane Co:uny Ofpei it Records, in Lane County, Oregon. PARCEL': The North 1393 feet to the fol lowing described property: Beginning at a point being South 0' 16'43 Ir East 522.05 feet and South 89° 55' 14" West 80.00 feet fi'om the Northwest comer of the Jessie Mann Donation Land Claim No. 74. Township 17 South, Range 2 West of the Wil lamuttc Meridian; thence South V 161 43" East 870.49 feel; thence North 89' 00' 20" West 250.00 feet; thence North 0' 16'43' West 265.00 feet: thence Nin tit 89° 00' 20" West 165.12 feet: thence North 0° 16'43 " West 597.70 feet, thence North 89' 55' 14" East 415.00 feet to the point of beginning, in Lane County, Orcgmt LHGAL Exhibit B Page 39 of 52 Attachment 2 Page 43 of 69 City of Springfield Annexation Application Attachments ATTACHMENT F Legal Description Exhibit B Page 40 of 52 Attachment 2 Page 44 of 69 Big Bass LLC, Annexation Tax Map 17-02-33 Tax Lots 402 & Portion of 405 Beginning at a point NO°04'46"W 2678.89 feet and N89°55'14"E 208.71 feet from the Southeast corner of the Daniel Harkins Donation Land Claim No. 61, in Township 17 South, Range 2 West of the Willamette Meridian; thence 50'04'46"E 417.42 feet; thence N89°55'14"E 647.60 feet; thence NO'16'53"W 522.05 feet; thence N89°49'02"E 500.28 feet; thence NO°10'30"W 632.19 feet; thence S83°03'40"W 1363.46 feet; thence SO°04'46"E 574.87 feet; thence N89'55'14E 208.71 feet to the Point of Beginning. Containing 25 acres, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2023 Exhibit B Page 41 of 52 Attachment 2 Page 45 of 69 City of Springfield Annexation Application Attachments ATTACHMENT G Tax Assessor's Cadastral Map Exhibit B Page 42 of 52 Attachment 2 Page 46 of 69 Exhibit B Page 43 of 52 Attachment 2 Page 47 of 69 City of Springfield Annexation Application Attachments ATTACHMENT H ORS 222.173 Waiver Form Exhibit B Page 44 of 52 Attachment 2 Page 48 of 69 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: 17-02-28-00-00402 5230 High Banks Road, Springfield, OR 97478 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 [,i] indefinitely or [ ] until Date Signatures of Leoal Owners Please print or type name Si nature Date Signed Shaun Hyland,Big Bass LLC BC 68o NrNGE,Ns,,,oxwrn TIoNammeurzomnsruunom'o-0Ebe.oa Revised 4/8/14 63 Exhibit B Page 45 of 52 Attachment 2 Page 49 of 69 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: 17-02-28-00-00405 5230 High Banks Road, Springfield, OR 97478 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 W] indefinitely or [ ] until Date Signatures of Legal Owners Please print or type name Si nature Date Signed Shaun Hyland,Big Bass LLC W93/ -Az R:1aRiz11a eo. 111 0306 bPoa,ED wRMS%PREsCE3MrTSAL AH ONAooZEA„oh 100008 iSRC Revised 4/8/14 BJ Exhibit B Page 46 of 52 Attachment 2 Page 50 of 69 City of Springfield Annexation Application Attachments ATTACHMENTI Metro Plan, Plan Diagram Exhibit B Page 47 of 52 Attachment 2 Page 51 of 69 f)e ! Qm({ co00' 2o _,{,! tPyagt l; z: WhA, 3] yA LU m:mm: A: MOMMSI t? <d I Exhibit B Page 48 of 52 Attachment 2 Page 52 of 69 City of Springfield Annexation Application Attachments ATTACHMENT Annexation Site Plan Exhibit B Page 49 of 52 Attachment 2 Page 53 of 69 Exhibit B Page 50 of 52 Attachment 2 Page 54 of 69 City of Springfield Annexation Application Attachments ATTACHMENT K Existing Utility Plan Exhibit B Page 51 of 52 Attachment 2 Page 55 of 69 Exhibit B Page 52 of 52 Attachment 2 Page 56 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement (“Agreement”) is made between the City of Springfield, an Oregon municipal corporation (“City”) and Big Bass, LLC. (“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 August 29, 2023, for Assessor’s Map No. 17-02-28-00, Tax Lot 00402 and a portion of Tax Lot 00405, which are currently municipally addressed as 5230 High Banks Road and are 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 Quarry and Mine Operations (QMO) for Tax Lot 402 and the affected portion of Tax Lot 405. E. Annexation of the Property requires a showing under SDC 5.7-140.C 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 Comprehensive Plan – Urbanization Element and within the Metro Plan, and such showing is supported by 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 or can be made available upon development in an orderly and efficient manner, as applicable. 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 Exhibit C Page 1 of 6 Attachment 2 Page 57 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 2 of 6 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in the 52nd Street public right-of- way extending north from High Banks Road but due to gradient it falls short of the subject site. The terminus of the public sewer main is approximately 550 feet to the south of the southwestern property line. This public sanitary sewer line has sufficient capacity for the current zoning use. However, the sewer cannot be physically extended any farther due to the shallow depth of the line and still achieve gravity flow. Any sewer service necessary for further development of this property must provide a private lift station and pressure line from the site as part of the development. 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. • No piped public system is extended to this site, and there is no extension currently planned by the city to serve this area in any short- or long-term utility plans. The applicant will be responsible for either containing stormwater runoff onsite so that the stormwater management system meets the City of Springfield requirements for stormwater treatment and infiltration per SDC 4.3.110 Stormwater Management so that no overflow occurs, or extend the stormwater system from its current terminus in the High Banks Road right-of-way to the south to provide a piped connection for stormwater overflow. 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 the unnamed public right-of-way that extends north from the High Banks Road/52nd Street intersection via a shared private driveway that is part of Tax Lot 17-02-28-00-00401 (currently addressed as 5280 High Banks Road). Both the right-of-way and the shared private driveway are already annexed to the City of Springfield. This right-of-way is currently paved but lacks curb, gutter, sidewalk and street trees. • The intersection at High Banks Road and 52nd Street is not constructed per conventional design for a three (and future four) leg intersection and consequently has a limited capacity. All trips to or from this location must pass through this intersection. The distance from the southeast corner of the property to the intersection is approximately 1,150 Feet. • The intersection of 52nd Street and Highway 126 is included in the City of Springfield Transportation Systems Plan Project R-40 for future improvements to rebuild it to a more conventional intersection configuration that is capable of safely and efficiently managing larger volumes of traffic as the nearby areas develop. J. In order to facilitate orderly development of the Property and ensure the full provision of key urban services required for any proposed development that are satisfactory to the City and meet the City’s conditions for an affirmative recommendation for annexation to the Exhibit C Page 2 of 6 Attachment 2 Page 58 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 3 of 6 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 shall agree to install and operate any sanitary sewer lift station and pressure line at their expense for any approved land use that requires sewer service. 1.1.2. APPLICANT shall agree to participate in any Local Improvement District or City of Springfield Capital Project for improvements to the unnamed right-of-way extending north from the intersection of 52nd Street and High Banks Road. This amount shall be determined at the time of the project cost assessment and this property shall be responsible for a proportional share calculated as follows, using the ITE Trip Generation Manual for average daily trips (ADT) according to the land uses existing at the time of assessment: 𝑆�𝑎𝑟𝑒 𝑙𝑒 𝐿𝐼𝐷 𝑎𝑟𝑟𝑒𝑟𝑟𝑙𝑒𝑙𝑟=𝑆𝑙𝑟𝑎𝑙 𝐴𝐷𝑆 𝑙𝑙 𝐿𝑎𝑙 17022800 𝑆𝐿 402 & 405 𝑆𝑙𝑟𝑎𝑙 𝐴𝐷𝑆 𝑙𝑒 𝑎𝑙𝑙 𝑙𝑟𝑙𝑙𝑒𝑟𝑟�ℎ𝑒𝑟 �ℎ𝑙 𝑟�𝑒 𝐿𝐼𝐷 1.1.3 APPLICANT agrees to maintain the private shared driveway north of the existing terminus of the 52nd Street right-of-way at no expense to the City of Springfield in a manner sufficient to ensure safe and efficient access to the property and provide any improvements to this driveway deemed necessary for development of this property at the time of development approval. 1.1.4 APPLICANT agrees to provide any necessary sanitary sewer lift station and pressure line necessary to facilitate any future development on the site to be determined at the time the property requests connection to the public sewer system. This will be a private improvement and must be fully paid by the applicant/developer of the property and conform to all applicable local and state building code requirements in place at the time of connection. 1.1.5 APPLICANT agrees to provide all storm water treatment and disposal on site per the requirements in the Springfield Development Code in effect at the time of the applicable land use application, or to extend at their own expense any public storm drain connection that development may require from the High Banks Road/52nd Street intersection or through adjacent private property if access rights can be obtained. The exact needs and configuration of the required on-site stormwater system will be determined at the time of land use application submittal. Exhibit C Page 3 of 6 Attachment 2 Page 59 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 4 of 6 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 applicable land use applications and as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT’s proportionate share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, permits from all agencies having jurisdiction, attorney’s fees, and all other costs reasonably associated with the implementation of the needed improvements. 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 land use application, 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 acknowledges that this Agreement constitutes an irrevocable commitment to participate in the lawful, equitable and fairly imposed costs of the public facilities and services set forth in Section 1. APPLICANT waives 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 unlawful, inequitable or operate unfairly upon the Property. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. Exhibit C Page 4 of 6 Attachment 2 Page 60 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 5 of 6 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. 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. 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 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. Exhibit C Page 5 of 6 Attachment 2 Page 61 of 69 {00031256:4} ANNEXATION AGREEMENT – Page 6 of 6 DATED this _____ day of __________, 20__. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date Its: STATE OF OREGON COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (APPLICANT) NOTARY PUBLIC FOR OREGON CITY OF SPRINGFIELD By: ______________________________ Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON } ss } ss Exhibit C Page 6 of 6 Attachment 2 Page 62 of 69 TYPE 4 – ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Hyland High Banks Annexation Case Number: 811-23-000198-TYP4 Proposal Location: Vacant parcel at 5230 High Banks Road (Map 17-02-28-00, TL 402 & Ptn. TL 405) Current Zoning & Comprehensive Plan Designation: Quarry & Mining Operations (QMO) / Sand and Gravel Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: August 29, 2023 Public Hearing Meeting Date: November 20, 2023 Associated Applications: 811-22-000190-PRE (Development Initiation Meeting); 811-22-000262-PRE (Completeness Check Meeting) CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safet y Gilbert Gordon 541-726-2293 Building Official Building Chris Carpenter 541-744-4153 Review Process (SDC 5.7.115): The subject annexation request is being reviewed under Type 4 procedures, without Planning Commission consideration. Development Initiation Meeting (SDC 5.7.120): A Development Initiation Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications, unless waived by the Director. Finding: In response to the applicant’s submittal, the City held a Development Initiation Meeting on September 8, 2022. Subsequently, a completeness check meeting for the annexation request was held on December 16, 2022 (File 811-22-000262-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 City Limits 52nd Street 52nd St Territory Proposed For Annexation Exhibit D Page 1 of 7 Attachment 2 Page 63 of 69 of their land.” Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield (Attachment 2, Exhibit B). Conclusion: The application requirements in SDC 5.7.125 have been met. Site Information: The subject annexation area consists of an irregular-shaped, 24.2-acre parcel (Tax Lot 402) and a 0.96-acre portion of a second parcel (Portion of Tax Lot 405) that abuts Tax Lot 402 along the southern boundary. Both parcels are located about 1,260 feet north of the intersection of High Banks Road at 52nd Street. The properties are vacant and the principal parcel (Tax Lot 402) is actively being reclaimed from former sand and gravel quarry use. The applicant has a permit from the Oregon Department of Geology and Mineral Industries (DOGAMI) for the reclamation activity on the site. Legal and physical access to the site is provided via a private shared driveway that extends northward from the northern terminus of 52nd Street. The subject parcels are inside the Springfield Urban Growth Boundary (UGB) and are contiguous to the City limits along the southern, northwestern and northern boundaries. The purpose for annexing the parcels is to facilitate a rezoning and redesignation process to allow for development of an outdoor storage facility on the site. Current zoning for the properties i s Quarry and Mining Operations (QMO) with an Urbanizable Fringe Overlay District (UF-10) applied. After annexation, the UF-10 overlay will be removed and the subject property will remain within the QMO District. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (Lane County and City of Springfield), and Fire (Eugene-Springfield Fire). Springfield Utility Board (SUB) provides electrical and water service to incorporated areas of north Springfield. There is no rural water district providing service to this unincorporated area of Springfield. SUB Water has an existing 24-inch water line within 52nd Street that terminates just to the south of the subject site. The proposed outdoor storage development would need to tie into the existing water line to provide potable water service for a site office or restroom and also to provide fire protection coverage for the site. Upon annexation, the City of Springfield will be responsible for all urban services, including sanitary sewer, water and electricity (through SUB), transportation and police/fire response to the subject area. Notice Requirements (SDC 5.7.130): Consistent with SDC 5.7.130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed October 31, 2023, which is more than 14 days prior to the public hearing date to owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-23-000198-TYP4. Newspaper Notice. Notice of the November 20, 2023 public hearing was published in the print version of The Chronicle on November 2 and 9, 2023. The notification meets the requirements of SDC 5.7.130(B) for two consecutive notices in the two-week period before the hearing. Posted Notice. Notice of the November 20, 2023 public hearing was posted in three physical places in the City: at the primary driveway to the site off the northern extension of 52nd Street; at the intersection of 52nd Street and High Banks Road; and on the Public Notices bulletin board in the lobby of City Hall. The public hearing notice was also digitally posted on the electronic display in the foyer of the Development & Public Works office and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City, the underlying Quarry and Mining Operations 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 of the annexation proceedings Exhibit D Page 2 of 7 Attachment 2 Page 64 of 69 prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on September 19, 2023, which is 62 days prior to the initial public hearing on the matter. Finding: On November 20, 2023, the City Council moved to continue the public hearing to January 2, 2024 at 7:00 pm in City Council chambers. The motion to continue the hearing to a time, date, and place certain does not require any additional mailed or posted notice of public hearing. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130. Public Testimony Received. No telephone calls or written comments were received for this application up to the time of the staff report publication on December 26, 2023. 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 SDC 5.7.140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows SDC 5.7.140, Criteria. Criteria (SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the City of Springfield (see additional discussion in Subsection B below). The property requested for annexation is contiguous with the City limits along the northwestern, northern and southern boundary. The proposal meets the requirements of SDC 5.7.140(A)(1) for contiguity to the current City limits. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with Criterion (A)(1) of SDC 5.7.140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in August 1982 and has been subsequently amended. The original Metro Plan UGB encompassed both Eugene and Springfield, with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011, a separate and distinct UGB was created for Springfield using a tax lot by tax lot delineation. Springfield’s UGB as delineated by Ordinance 6268 was subsequently revised and expanded upon adoption of Ordinance 6361 in 2016. The revised and expanded UGB is delineated on an individual tax lot basis and has been acknowledged by LCDC. Territory within the acknowledged UGB ultimately will be within the City of Springfield. Finding: In December 2016, Springfield adopted the Springfield 2030 Comprehensive Plan - Urbanization Element as a component of Springfield’s comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan’s long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned QMO which is consistent with the Sand and Gravel comprehensive plan designation. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. The Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Following annexation, the applicant may initiate redesignation and rezoning of the site in the future to facilitate development of an outdoor storage facility. Exhibit D Page 3 of 7 Attachment 2 Page 65 of 69 Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the Springfield 2030 Comprehensive Plan – Urbanization Element which specifies annexation as the preferred mechanism for provision of urban services to properties within the UGB, which will result in the elimination of special districts within the urbanizable area. Finding: More detailed discussion of Public Facilities and Services in the Metro Plan (Section III-G) and the Eugene- Springfield Public Facilities and Services Plan (PFSP) – a refinement plan of the Metro Plan – contemplates eventual elimination of special service districts within each city’s UGB as annexation occurs incrementally. Policy G.9 of the Eugene-Springfield PFSP states that Eugene and Springfield and their respective utility branches, Eugene Water & Electric Board (EWEB) and Springfield Utility Board (SUB), shall ultimately be the water service providers within their respective urban growth boundary. The requested annexation is consistent with this adopted policy. Finding: The territory requested for annexation is not within the boundary of a rural fire service district. Therefore, fire and emergency response would be provided by Eugene-Springfield Fire Department and the site would be considered an out-of-district location. After the public hearing and Council adoption of the annexation Ordinance, the site will be located in-district and the City of Springfield will provide fire and life safety services to the annexation area via the consolidated Eugene-Springfield Fire Department. Approval Standard: 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. Finding: There is no rural water service district in this area of north Springfield. Therefore, upon annexation, the City by and through the Springfield Utility Board will provide water service to the annexation area. Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive Plan – Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. 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. Finding: The requested annexation is to facilitate future development of an outdoor storage facility on the property. It is not certain whether sanitary sewer service will be required for the proposed development. If sanitary sewer is necessary, the closest connection point to the public system is about 500 feet south of the property frontage on the extension of 52nd Street. It is notable that the northern end of the public sanitary sewer system is very shallow so gravity flow cannot be employed for properties located on the northern extension of 52nd Street, including the subject site. Instead, properties located north of the terminal sewer manhole that require sanitary sewer service must employ a private lift station and pressure line to reach the public system in 52nd Street. The existing Attune Foods facility at 5280 High Banks Road, which is located to the north of the subject property, employs a private lift station and pressure line for connection to the public sewer system. For this reason, connection to the public sanitary sewer system is viable and achievable and therefore this key urban service is considered to be available for the subject site. Further discussion about the sanitary sewer system is found in Section C below. Conclusion: The proposal meets and complies with Criterion B of 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 Approval Standard: In accordance with Policy 29 of t he 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. Exhibit D Page 4 of 7 Attachment 2 Page 66 of 69 Approval Standard: 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. Approval Standard: In accordance with Policy 32 of the Springfield 2030 Comprehensive Plan – Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits line along the northwestern, northern and southern boundary. The proposal meets the contiguity requirements for the purpose of advancing this annexation request. Urban utilities including water, sanitary sewer and electricity have been extended along the adjacent 52nd Street extension and shared private driveway and are available to serve the subject property. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points to the south of the annexation area to serve the subject property. The following urban utilities, facilities and services are either available or can be extended to this annexation area: Water – The Springfield Utility Board operates the public water utility system within incorporated areas of north Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. SUB operates a 24-inch water line that terminates about 500 feet south of the property frontage on the 52nd Street extension. From the termination point of the 24-inch public water line, private water services have been extended northward to serve properties at 5250 and 5280 High Banks Road. Based on the configuration of existing private water lines serving adjoining properties to the north and south of the annexation area, commercial water service is also available to the subject site. Upon annexation, the property will be eligible to receive SUB Water service. Electricity – SUB owns and operates an overhead electrical transmission line that runs along the west side of the northern extension of 52nd Street. The transmission line provides electrical service to properties to the north and south of the subject site and is therefore available to serve the annexation area. Existing electrical system infrastructure within the public rights-of-way and easements will continue to be maintained by the affected utility provider. Police Services – Springfield Police Department currently provides service to areas of north Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County 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 but the site is classified as an out-of-district territory. Upon annexation, the property will be concurrently annexed into the service territory for the Eugene-Springfield Fire Department. Emergency medical transport (ambulance) services are provided on a metro-wide 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 to Springfield residents 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. Exhibit D Page 5 of 7 Attachment 2 Page 67 of 69 Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park & Recreation District consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County, and the adopted Willamalane Comprehensive Plan. Library Services – Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools – The Springfield School District serves this area of north Springfield. The Springfield School District has capacity to serve the annexation area in its current configuration, and in the event the property redevelops in the future. The site is in the vicinity of Thurston Middle School to the east and Thurston High School to the southeast. However, with the current QMO zoning and proposed use for outdoor storage, it is not expected that the annexation territory would generate a school-age population in the future. Sanitary Sewer – The annexation territory is about 500 feet from an existing public sanitary sewer manhole in the northern extension of 52nd Street. The public manhole represents the northern extent of public gravity sewer in this area of Springfield. To reach the public sewer manhole, the applicant would need to install a private lift station and pressure line. Because adjacent properties located even farther from the public sewer manhole have already installed similar pressure line systems this key urban service is considered to be available and usable for the subject site. The Annexation Agreement prepared for the property describes the necessary measures required for providing a connection to the public sanitary sewer system. A draft annexation agreement has been prepared but has not been executed by the City or applicant (Attachment 2, Exhibit C). Stormwater – The subject annexation territory is not currently served by a public stormwater management system and there isn’t an underground or open channel public system nearby that is available to serve the subject property. There is no stormwater system extension currently planned by the City to serve this area in any short- or long-term utility plans. The applicant will be responsible for either containing stormwater runoff onsite or extend ing the stormwater system from its current terminus to the south in the High Banks Road right-of-way to provide a piped connection for stormwater overflow. Provision for construction or extension of a stormwater system is detailed in the Annexation Agreement for the property. Review and approval of the proposed stormwater system will be done in conjunction with a future Site Plan Review process for the outdoor storage facility. Streets – The western boundary of the subject annexation area abuts a private shared driveway that extends northward from the 52nd Street right-of-way. To the south of the annexation area (where 52 nd Street is a public right-of-way extending to an intersection with High Banks Road) it is developed as an industrial street without curb, gutter, sidewalk and street trees. Along the subject property frontage and extending southward to the public portion of 52nd Street, the 22-foot wide paved driveway has roadside ditches for drainage and no other urban -style improvements. There are no current plans for 52nd Street to be extended northward along the subject property as a public street or for other public street extensions to connect with 52 nd Street in the immediate vicinity of the annexation area. The applicant’s future obligations for provision of public street and/or private driveway improvements, should these be required, are outlined in the Annexation Agreement for the property. Any required improvements to the 52nd Street frontage of the site or improvements to the private shared driveway will be reviewed and conditioned at the time of site development or redevelopment. Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Communication Facilities – Various providers offer both wired and wireless communication services in the Eugene- Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls – The annexation area is within Springfield’s urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Exhibit D Page 6 of 7 Attachment 2 Page 68 of 69 Finding: The minimum level of key urban facilities and services, as outlined in the Springfield 2030 Comprehensive Plan – Urbanization Element are not available to the site, or insufficient capacity could exist at the time of development. Conclusion: The proposal meets and complies with Criterion C of 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: The area proposed for annexation is a vacant industrial parcel currently zoned for Quarry and Mining Operations. Because of the applicant’s intent to pursue further development of the property and uncertainties surrounding the suitability and availability of utilities serving the future intended use, an Annexation Agreement was drafted for the property to clarify the City and property owner’s responsibilities for improvements, triggering actions, and requirements for provision of urban services to the site. The City and property owner have not yet executed the Agreement and it is attached hereto for reference (Attachment 2, Exhibit C). Conclusion: Upon execution of the Annexation Agreement, t he proposal will meet and comply with Criterion D of SDC 5.7.140. City Council Decision (SDC 5.7.145): City Council approval of the annexation application shall be by Ordinance. Finding: The City Council gave first reading of the Annexation Ordinance and opened a Public Hearing on November 20, 2023 for the subject annexation request. The City Council moved to continue the public hearing to the regular meeting on January 2, 2024. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance at the January 2, 2024 meeting. Zoning (SDC 5.7.150): The area requested for annexation is zoned Quarry and Mining Operations (QMO) and is designated Sand and Gravel in accordance with the Springfield Zoning Map and the adopted Comprehensive Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the UF-10 overlay will be automatically removed and the property will retain the QMO zoning. Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request was presented to the City Council for consideration at an initial public hearing on November 20, 2023. The City Council continued the public hearing to the January 2, 2024 meeting. Second reading and potential adoption of the annexation Ordinance is scheduled for January 2, 2024. Therefore, the annexation and special district withdrawal will become effective 30 days later on February 1, 2024, or upon acknowledgement of filing with the Secretary of State – whichever date is later. Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in SDC 5.7.130. Finding: The annexation area is not within the delineated service territory of a rural fire district or water district. Therefore, no service territory withdrawal action is required. The Cities of Eugene/Springfield will directly provide fire and emergency services after annexation and SUB will provide water service. DIRECTOR’S RECOMMENDATION: Conduct a second reading of the Ordinance and conclude the public hearing at the regular meeting on January 2, 2024 and subsequently take action to approve the Ordinance annexing the subject territory to the City of Springfield and Willamalane Park and Recreation District. Exhibit D Page 7 of 7 Attachment 2 Page 69 of 69