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HomeMy WebLinkAboutOrdinance No. 6468 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6468 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 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 2nd day of January , 20247 by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 2nd day of January , 2024. Mayor ATTEST: qq .......� yti REVIEWED&APPROVED AS TO FORM KrYsUHta�Kr'aaj City Recorder DATE: E C ATTO SPRINGFIELD CITY TY ATTORNEV'S OFFICE Ordinance No. 6468 Exhibit A Page 1 of 2 Big Bass,LLC,Annexation Tax Map 17.02-33 Tax Lots 402&Portion of 405 Beginning at a point N0004'46"W 2678.89 feet and N89055'14"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 SO'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 NOP10'30"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 DTGTTAI,,I,Y STGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2023 Ordinance No. 6468 a0 LLJ O 00 LL U-�QO "N (9 0 `oN w NO Z z.M ON000 oo Nm fra F.+ Z or„ ¢°0000 N NNo N mN - 4-- pro mM Nv H p�'��jW a J z J $— a ° ��e,%ePee / v' <a �, N c°w a o yyyyyyfJJJJJJ u � N- apl a wi. p z ° M-6 w . ml;j• b r'"� z 5 <i� � � ✓ 1p � � as i m �m � ag h o W g a a W , N .� it re ii rv.rvrra U l Y J ------------------------ ------------------------- v I I o r I k N 0v w ) �� W� a U c o(> nn a zao 00001, W. U U N w° zgo N o g° I a o � e � o � � � I � rczN m li i � d�= o � oo � ' � � Ll co O �ww w L \ v4i F'S U �'` a.weffil✓�('�— Y a rn d) ,.wAt aN a m a OWS K o� --- o z ICi ' 8 a 00 \ 1. 3:S o Z �_ s \ I ? \Y��11y/ z K h N W Q W CD N CDwho o o �z o +w ¢ p �a r '. \ w 00 0 Fl z G O 4 zz z —� 0 w .0 > zoo.� 2 ao <o � h a<g x M ~^ o N ()c) f7 J u r� u Ii wo l.> ao w �� ,� tf m< fffJ�iiiiiiiiiiiiiiiiiiiiiiifffffJ�iiiiiiiiiiiiiiifsll Exhibit B Page 1 of 52 August 28, 2023 City of Springfield Development Services Planning Division 225 5th Street Springfield, Oregon 97477 RE: 5230 High Banks Annexation (20221311.3) Annexation application—Cover Letter Project Address: 5230 High Banks Road, Springfield, Oregon 97478 Assessor's 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 Owner's 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 Ordinance No. 6468 Exhibit B Page 2 of 52 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, PILS, EGR & Associates, Inc. ZAPROA202213 Hyland 5320 High Ban kskCorresp\Ag ency1An nexafi6nk202213-AX.CwLtr.docx Ordinance No. 6468 Exhibit B Page 3 of 52 City of Springfield SPRINGFIELD Development & Public Works 225 Fifth Street 7N Springfield, OR 97477 ,,,�� Annexation Application Type IV Apoli6tion Type (Applicant: , Annexation Application Pre-Submittal: ❑ Annexation Application Submittal: Requlred Proposal Information (Applicant: Complete This Section) ,, Property Owner: Shaun Hyland, Big Bass LLG Phone' 541.726.8081 Address: PO Box 7867, Springfield, OR 97475 Fax: E-mail: Shaun@}hconst.com 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 ktaylcra@tbg-arch.com Agent Signature: if thO applicant is other than the owner, the owner hereby grants permission for the applicant to 6c`k in,hi5'or her behalf,except where signatures of the owner of record are required, only the owner may sign the petittgn. ASSESSOR'S MAP NO: 1 17-02-28-00 TAX LOT NOS : 402 &405 Property Address: 5230 High Banks Road, Springfield, OR 97478 Area of Request: Acres: +1- 25 Square Feet: Existing Use(s) Vacant of Property: Proposed Use RV parking/storage of Property: tCity Intake Staff: Complete This Section) Required Property 40f6fMiation Case No.: Da Reviewed Byte: Application Fee: Postage Fee: Total Fee: Revised 418114 133 Ordinance No. 6468 Exhibit B Page 4 of 52 Owner Signatures This application form is used for both the required completeness check meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Completeness Check The undersigned acknowledges that the Information in this application is correct and accurate for scheduling of the Completeness Check Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Date: Signatureprint .................. Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Completeness Check Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: 2 Date: Signature Shaun y--1-8 d Print Revised 04/17/2023 slrn bMfh9rideAo. 6468 Exhibit B Page 5 of 52 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. Application Fee [sac 5.7-1.250)(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. Petition/Petition Signature Sheet [sac 5.7-125(B)(2)1 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 cane-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). 9 Certification of Ownership [SDC 5.7-125(B)(5)] After completing the attached Petition Signature ,Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted c@ Pre-Submittal, with original copies @ time of application submittal). 9 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). F9 Supplemental Information Form [SDC 5.7-1.25(B)(1.) and (11)] 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). �K 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 Ordinance No. 6468 Exhibit B Page 6 of 52 Annexation Description [SDC 5.7-125(B)(9)] 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. 5K Cadlastrall Map [SDC 5,7-125(B)(10)] 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 1/2 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. Caclastral maps can be obtained from the Lane County Assessment and Taxation Office. 9 ORS 222.173 Waiver Form [SDC 5.7-125(B)(8)J Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. Ei Public/Private Utility Plan [SDC 5.7-125(B)(12)] 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). [5DC 5,7-125(B)(13) and (14)] 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 Ordinance No. 6468 fffJ�iiiiiiiiiiiiiiiiiiiiiiifffffJ�iiiiiiiiiiiiiiifsll Exhibit B Page 7 of 52 August 28, 2023 City of Springfield Development Services Planning Division 225 5r"" Street Springfield, Oregon 97477 FEE: High Banks Annexation (202213J1.3) Annexation application—Written Statement Project Address: 5230 High Banks Road, Springfield, Oregon 97478 Assessor's Map &Tax Lot: 17-02-28-00-00402 &-00405 Property Owner: Big Bass LLC PO Box 7867 Springfield, Oregon 97475 Contact: Shaun Hyland 541.726.8081 shaun@jhconst.com Owner's Representative: TBG Architects+ Planners 132 East Broadway, Suite 200 Eugene, Oregon 97401 Kristen Taylor or Zach Galloway 541.687.1010 ktaylortbg-arch.com or zgalloway@tbg-arch.com WRITTEN STATEMENT 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. I. Annexation Request 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. Ordinance No. 6468 Exhibit B Page 8 of 52 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 & A licant Civil Enginee Big Bass LLC KPFF Consulting Engineers PO Box 7867 800 Willamette Street, Suite 400 Springfield, Oregon 97475 Eugene, Oregon 97401 Contact: Shaun Hyland Contact: Anna Backus, PE 541.726.8081 541.684.4902 shaun@jhconst.com 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 11. Site Desc ri pti o n 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. I ...............I Ordinance No. 6468 Exhibit B Page 9 of 52 City of Springfield —Annexation application August 28, 2023 Page 3 of 5 III. Relevant Land Use History 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 SAC 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. (S) 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. ,,;ti Ordinance No. 6468 Exhibit B Page 10 of 52 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 1 0-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 Willarnalane 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. Findinq: 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. I ...............I Ordinance No. 6468 Exhibit B Page 11 of 52 City of Springfield -Annexation application August 28, 2028 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 Sass LLC Anna Backus, PE, KPFF Consulting Engineers Ryan Erickson, PLS, EG1R &Associates, Inc. ZAPROJ1202213 Hyland 5320 High Banks\CcrresplAgency\Annexation1202213-AX-Wr#nState.dccx Ordinance No. 6468 Exhibit B Page 12 of 52 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 Ordinance No. 6468 Exhibit B Page 13 of 52 City of Springfield Annexation Application Attachments ATTACHMENT A Petition for Annexation Form Ordinance No. 6468 ................. . ..... Exhibit B Page 14 of 52 t"72 "G 70 � Application 4: C qP 217in9- For City Use Only FORM I PETITION/PETITION SIGNATURE SHEET Annexation by Individuals [SDC 5.7-125(2)(b)(i)/ORS 222.170(l)] 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: Date Residence Address Map and Tax Lot Number Signature Siqned Land Acres ,--2 _Ln/d/y Print Name (Street;city,zip code) (example: 17-04-03-00-00100) Ownpr (qty) 1, — f I Shaun Hyland 5230 High Banks Road 17-02-28-00-00402&-00405 +/-25 Springfield,OR 97478 3. 4. 5. Note: With the above signature(s),I am attesting that I have the aUthonty to consent to anneXatl()n on my OM behalf OF Oo behalf of my firm or agency, (Attach evidence of such authorization when applicable.) 1, N/A (Printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. x N/A (signature of circulator) CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are --I— (qty). This petition reflects that (qty) landowners (or legal representatives) listed on this petition represent a total of _10110 (%) of the landowners and—1-0-0-- (01o) of the acres as determined by the map and tax lots attached to the 1 etition. A&T is subsequen t deed activity that may not yet be reflected on the A&T computerized tax roll. Lan unty Department of Assessment and Taxation 1 1 /36 /1-0 2 Z- 'bate signed and Certified devised 4/8/14 BJ Ordinance No. 6468 Exhibit B Page 15 of 52 City of Springfield Annexation Application Attachments ATTACHMENT B Owners Worksheet Ordinance No. 6468 Exhibit B Page 16 of 52 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 Assessed imp, signed Signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No 17-02-28-00-00402 Shaun Hyland,Big Bass LLC 24.2 $329,683 N 17-02-28-00-00405 Shaun Hyland,Big Bass LLC 0.96 $9,211.45 N ✓ TOTALS: 25 $338,894-45 N TOTAL NUMBER OF OWNERS IN THE PROPOSAL NUMBER OF OWNERS WHO SIGNED 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 BI Ordinance No. 6468 Exhibit B Page 17 of 52 City of Springfield Annexation Application Attachments ATTACHMENT C Supplemental Information Form Ordinance No. 6468 Exhibit B Page 18 of 52 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete of 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 Supply the 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 Desig nations): Band & Gravel • Existing Zoning(s): LMI/UF-10 Light-Medium Industrial with Urbanizable Fringe overlay zone • Existing Land Uses): Vacant Eugene-Springfield a ropo i an Area General Plan; • Applicable Comprehensive Plans): Springfield Comprehensive Plan • Applicable Refinement Plans): NIA • 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 V No If yes, describe. ITV 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 V/ • 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 Ordinance No. 6468 Exhibit B Page 19 of 52 Does this application include all contiguous property under the same ownership? Yes I/ 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 0 Rainbow Water and Fire District • Eugene School District 0 Pleasant Hill School District 5?r Springfield School District 0 McKenzie Fire & Rescue • Pleasant Hill RFPD 0 Willakenzie RFPD • EPUD 19' SUB 12( Willamalane Parks and Rec District 0 Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. 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) (zip) (Name) (Name) (Address) (Address) (City) (zip) (City) (zip) Revised 4/8/14 BJ Ordinance No. 6468 Exhibit B Page 20 of 52 City of Springfield Annexation Application Attachments ATTACHMENT D Property Deed Ordinance No. 6468 0IF.ncrc;;aClNf i?t'URN IU: cP,sCADF T1 f LF.CO M QANY 6�1 WILLAMFSTES'L,fuGEHE.OR97401 � Lane County Clerk Exhib'S.M11� 21 Of 52 !■� Lane County Deeds and Records �uu CAST ODE ,�JL co, 1111111111111111111111 1 11111111111111 11 1 111 P. 40 LITLF NO, 0294593 Y1� 01562591201600127550=027 03121/2016 w 16:11 PI1 ;Sc'ltoW 0. I-.t;16-0 45 RPR-DEED Cnt=1 5ts+oA! CRSNIER 02 I,AX ACC"L.NO 102a512,102.35201 1239464 $1D,00 511.00 $21.00 $10.00 NI,APJAX 1-01 1110. 17 02 29 00 ti402&4.,M GRAN I'OR ABADAHA,fNC. GRANTFI: SIG BASS.1,LC P-0.BOX 71867, SPRTN(;I'IE;I.I).OR 97475 11ntiJ a change is r,,duesled Affer recordinx return to: .ill tai statements Mall be CASCADE"F4 11.E:CO- all Lo the IoIIowlnl-1 address: S I i WILL.AXIFTTF, ***SAA1E AS GR AN'IF.E**" LUCiLNF,OR 97401 WARRANTY DEED-- STATUTORV FORM A$ADABA,INC.,art Oregon Cnrpuratiou,Grantor, c(}I1m,,and t�arl-31115 17 BIG BASS,LI.C,an Oregon Limitcd Liahilily Company,Grantee, Lhc;Io[lowing described real propclty free ni encuiubrances except as'apeeilicaliy set forth herein: Sld:kXJ 11BIT A W14]C1-1 IG NTADF.A PAR]'IILRLOI;BY 11115 REFERENCE: BEFORE SIGNING OR At"Y:NPTTNG THIS IN`"FRUN7ENT,THE PERSON T'RANSF1'RRTNG FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, It ANAY UN'DLR ORS 195.300, 195.391 AND 195.305 TO 195.336 AND 5PCT1C7N5 5'1'O I I,{'HAP I'F'R A21,ORE(-W\LAWS 2007.:AND SECTIONS 2'C(.)9 AND I7.f.TTAPTER 855,OR;GOY LSWS 2DO9,AND',ECTIONS 2 TO 7,CHAP I F'R 8.OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OE I'HI.PROPERTY DES+CRInFI)114 TITIS INSTRUNIENT 1N VIOLA I ION OF APPL[CABLE LAND LSE.LAWS AND RF`.C:t1l,AT[ONS. BEFORE SIGNING OR ACC:EPTIVG THIS [\S'ERl.fA1FNT.T11C PERSON ACCll11HINt; EF:F TPI'LF TO THE PRf_1PERTV SHOULD CHECK AVITH THE .APPROPRIATE CITY OR COUN I V PLANNING DEPARTMENT TO VERIFY'I'HAT TTTE 1:141T OF LAND HF'ING'I RA\SFERRED IS A LAti'FCLLY ESTABLISHED LOT OR PARCEL, AS DEFINED [1 ORS 92.010 OR 215.010,TO VFRTFV TILE APPROVED USES OF THE LOT OR PARCEL, TO DETERNIINE ANY LIMITS ON LAWStATS AGAINST FARh11NG OR FOREST PRACTICES AS DE INF'D IN ORS 341.930,AND'to INOl;IR13 ABOUT THE RIGHTS OF NEIGHBORING PROPER IV OWNERS, IF ANV_UNDER ORS 195.300,105.301 A'SD 05.305 1'0 195,336 ANU,4X:PIONS 5 TO 11.CHAPTER 424.OREGON LAWS 2067_AND SEC"I-IONS 3'I'CT 9 AND 17,CHAPTER 955.OREGON LAWS 2009,AND SECTIONS 210 7.C'HAPTER S, OREGO\LAWS 7010. Except the folIOW111,C11CUmbmices' Covenants.Conditions,Restricuom,rnd Fa,aemenl.�u;recol d- 1 lic true eonsilieratinn far this conveyance is S2?�,()00.00. Dated this flay of ABA, . 3A.IWC- I L VIV: CRT.TARY State of()re Lon C'ntlilly of Lanc 'I his insLrUFT10 L k•vas ackttowled,ctl before;lne on ).0 - ,2F ih by KF.t'iti A1,L71:ChER. S:xiclafv of 11BAUARA,INC- N1y cominissiolt e, es E9OFFICIAL STAMP JAKELLE BARTLETT SEEBE TARY PUBLIC-OREGON Mf,1iSS10N MR 467039E MIS510i1 EiFmS ANE 12,20% """ Ordinance No. 6468 Exhibit B Page 22 of 52 1:x111k�1 r°•a" PARCEL 1: Beginning at the Soullicast Corner of the Daniel Harldns nattatin"Land Claim No.61,said point also being,the re- entrant corner ofthe Herold Johniou Donation Land C:laini No-62.in Section 33.Township 17 South.Rangc 2 West of the Willamette Meridian',tlience North 0"04'46"West 19,1-64 hcct along the Donation f,and Claim line to a point un [lie North line of the Eugene-Springfield State I lighway right ol'wa4 tine,said point.being 50 feet at right angles from Station"HB"9+67.79;thence North 0'04'46"West 707,25 feet alcai-said claini line lu a point;Iltencc North 89"55' 14"Ensr 80 00 feet thence North(Y 04'46"West 417.43 feet 10[lie true point of beginning;tlioicc North 891 55' 14" F t'M 0f3.71 feet_thence South W 04'46" %v,1.357A22 feet;thence North 89'55'14"East 647.38 feet to a point;thence North Q` 1 t;5.3"Wfest 46'3.5 ieet to the Northwest confer ofthe.Jessie It Munn Donation Land Claim No-?4.said point a1;n being the Northeast cooler of the Herald.lohnson Donation].and Claim No.62.thence Noah 89`49'02" Last 500-28 feet to a point;thence Nonl,W 10'3 1"West 631-72 feet to the Southeast corner orthat certain parcel of land described in Deed to Stanley E.McNutt.recorded December 27, 19721 Reception No.;i 113 I.Lane County 01'Gcia1 Records;thence South 83'03'40"kk esl.1 362.91 feet along.the Southerly line of aaid parcel to a point%'Moll b;nrs North 0'04'46"Wcst front the true point of beginning;thence South 01 Od' 16"East 574.87 feet to the true point ofbegimzin'', in Lanc County,Oregon- PARCEL RevinninA 8t the Southeast corner of the Daniel I Iariiins Donalion Land Claitil to.6),Said point also being the rc- enuant corner of the Herold Johnson Donation Land Claim No-62,in Section 33.Township 17. outh.Range 2 West'Df the Willamette Meridian;thencc;forth U"04'4(i"West 2678.89 feet along said clatin,lime to a point;thence No tli 992 55' 14" Fast 288.71 feet to the true point ol'beginnin,,:thencc Notth 89'55' 14"East 567.59 feet to a point:lhence South 0" 16'i3"East 902.48 FeCt to a point in the centerline,of I ligh Rank,Ruud(Courity Road No.440);thencc South fig`00'20"East SOX feet along said centerline of i ligh Ilanlcs Road to a point;thence North V 16'53"West 963.98 feet to a point:thence South 99'55'14"West(i,1 t..?S feet to i point;thence Sinrth 0'04'46"F.ast 60,00 feet to the true paint of beginning,in Lane.County,Oregon- FXCFPT any part within the boundaries ofthe High 30+)1:s Road.in LWIe County,Orcptt. ALSO L.XCF'PT ilial portion described in deed to the City ofSpringtleld recorded April 29, 1991,Reception No.9119292. lane County Official Rccords-in Lane{tI«nty,Orc-Jon, 41.SC1 F3{'FPT that portion described in deed to Rexitts Forest fay-Product..,Inc-,recor&d May 121 19931 Reception No,9328423,Cane County 011icial Records,in Lane Cvoutity.Oregon, PARCFL3: 1'he Norlll 1.19.3 toot to the icilloeving described property: Beginning at a point being South 01 1 6't i"Gast 522,05 feet and South 99'55' 14"West 80.00 Feet front the NcuthweA corner ofthe Jessie Mann Donation Land Claim No-74. Townwllip 17 Sntitlr Itaagc 2 West of tlic Willamette Meridian;thence South 0' If;43"East 870.49 feet:thence North 89'(10'20"West?50.00 foot;thence`orth 0` l Fi'41"West 26,00 ket;thcnct-North 89' 00'20"Weil l 165.12 feet; thence North 0' 16'43"1M'est 597.70 feet,thence North 89=55' 14"Last 415.00 Feel to the Point o('he6nning,in Lane County,Oregon. LL AL Ordinance No. 6468 Exhibit B Page 23 of 52 City of Springfield Annexation Application Attachments ATTACHMENT E Preliminary Title Report Ordinance No. 6468 Exhibit B Page 24 of 52 CAScAnrm TITLE Co. PRELIMINARY TITLE REI�Jl)V" CY A, 60PY SUPPLMaNTAM HIS TILE r1C;!1V AND PL;Yf MAP ARP HEAE,3y Emu CASCADE ESCROW March 14 2016 REVIBNED & Af�GEPTED ATTN- MELISSA MITCHELL Report NO' : 0 -., 611 WILLAMETTE STREET Your No: Ew-"- EUGENE, OR 97401 Seller; ABADABA, INC Buyer., BIG BASS, LLC PRELIMINARY REPORT FOR- Owner's Standard Policy $225,040.0o PREMIUMS: Owner's Standard Premium $763.00 Gov- Lien/Inspect Fee $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policyfies) of OLD REPUBLIC NATIONAL TITLE INSURANC-S CoMpANy. in the usual form insuring the title to the land described as follows: A T T A C H F D Vestee: ABADABA, INC. , an Oregon Corporation, fOrmerly, known as EUGENE SAND & GRAVEL INC. Estate: FEE SIMPLE DATED AS OF: MARCH 02, 2016 at 8.00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions) : 1. Taxes Or assessments which are not shown as existing liens by the records 0 at ax f an t i authority that levies taxes Or assessments on real property or by the P ng ublic Records, 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 Public Records. 2. 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 in Possession thereof, 3. 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, claims or title to water. No liability is assumed hereunder until policy has been issued andfull policy premium has been paid, -W—FIC-C-1 FLRgNCE FICE 8 11 WILLAM ETTE ST. O VILLAGE-PLAZA OEPICE 715 FLORENQCE.FOREOON 97439 4750 VILLAGE PLAZA LOOP sU I- Luo-r TE 100 EUGENF-OREUON 974al MAILING-HWY 101 *F0 BOX 509*FLORENCE,ORCOON 97439 EUGENF,OREGON 97401 PH.- f540 697-223 3*FAX: (541)485-0.307 Pli: (541)997-PA 17*FAX: (541)997-9246 PH: (541)653-9622 1 FAX: (541)844-1626 E-MAIL, 1NF--0-QQ62C—ADF711U-C-QM E-NAIL: A - IL OF-PL " a i'r r,Com 9�m IL '06 11 Ecoll, Exhibit B Page 25 of 52 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 survey of the Land. S. 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 the Public Records. 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 County Oregon Deed Records. 8. Easements, obligations, restrictions and limitations as Contained in Deed recorded October 15, 1971, Reception lqo. 68750, and as modified by Deed recorded December 27, 1972, Reception No. 14131, 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 Utility Board by instrument recorded July 23, 1973, Reception No. 7333658, Lane County Official Records. 10. 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 1, 1977, Reception No. 7733022, Lane County Official Records. 11. 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 January 11, 1978, Reception No. 7802131, Lane County Official Records. 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, ti 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 writing prior to closing of the proposed transaction. NOTE. Taxes, Account No. 1239464, Assessor,$ Map No, 1*7 02 28, if405, Code 19-0 2015-2016, in the amount of $98.12, PAID IN FULL. 1, Taxes, Account No. 1023520, Assessor's Map No. 17 02 28, 4405, Code 19-00, 2015-2016, in the amount of $577,16, PAID IN nLL. Taxes, Account No. 1023512, ,Assessor's Map No. 17 02 28, 4402, Code 19-01, 2015-2016, in the amount of $2,700.15, PAID IN PULL. NOTE; A judgment search has been made on the above named Veztee(s) , and we f ind NONE except as set forth above, NOTE,; As of the date hereof, there are no matters against 13IG BASS, LLC, which would appear as exceptions in the policy to issue, except as shown herein. Ordinance No. 6468 Exhibit B Page 26 of 52 Order No. G294593 Page 3 N07E- According to the public record, the following deed(a} 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. k1b: Title Officer: TYLER YORK Cc. BIG BASS, LLC EMAIL: SHAUN@UHCONST.COM Cc: ARADAPA, INC. FMATL- MALLTUCKER*TNFOWEST.COM Cc: EVANS, ELDER AND BROWN ATTN: JOHN BROWN/TREM ALL.rrjcKER EIXAIL: IR13NEQEEBCRE.00M EMAIL- JOHNQEEBCRE.00M Ordinance No. 6468 Exhibit B Page 27 of 52 order No. 0294593 Page 4 PROPER7Y DESCRIPTION PAPCE'L 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 00 04' 45" 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 So feet at right angles from Station "HBo 9+67.79i thence North no 04' 4611 West 707.25 feet along said claim line to a point, thence North 850 55, 14" East 80.00 feet;I thence North 00 041 464 West 417.42 feet to the true point of beginning; thence North 890 55, 140 East 208.71 feet; thence South 00 041 4911 East 357-42 feet, thence North ago S5, 14" East 647.38 feet to at point, thence North 00 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 890 49' 0211 East 500-28 feet to a point, thence North 00 10' 310 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 830 03' 4011 West 1362.91 feet along the Southerly line of said parcel to a point which bears Worth 00 041 4611 West from the true point of beginning; thence South 00 041 461, 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 00 041 46" West 2678.89 feet along said claim line to a point; thence Worth 890 55, 1411 Bast 288.71 feet to the true point of beginning; thence North ago ss, 1411 Bast 567.59 feet to a Point; thence South 00 16' 53" East 902.48 feet to a point in the centerline of High Banks Road (County Road No. 440) ; thence South 89,1 001 2011 East B0.02 feet along said centerline of High Banks Road to a point; thence North 00 161 53" West 963. 98 feet to a Point; thence South 890 551 141, West 647.38 feet to a point; thence South 00 04' 46" East 60-00 feet Lo 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 By-Products, Inc. , recorded May 12, 1993, Reception No. 9328423, Lane county Official Records, in Lane County, Oregon. PARCEL 3: The North 139.3 feet to the following described property. Beginning at a point being South 01D 161 431" East 522.o5 feet and South 890 ss, 1411 West B0.00 feet from the Northwest corner of the LTessie Mann Donation Land Claim No. 74, Township 17 South, Range 2 West of the Willamette Meridian; thence South 00 161 43" Bast 870.49 feet; thence North 890 00' 20" West 250.00 feet, thence'North 00 16, 4311 West 265.00 feet; thence North 890 ODI 20" West 165-12 feet, thence North 0o 161 4311 West $97-70 feet; thence Worth 890 55, 14" East 415.00 feet to the point of beginning, in Lane County, Oregon. Ordinance No. 6468 Exhibit B Page 28 of 52 CASCADEmmm [�=� TITLE CO. MAP NO. 1 7•-02-28-00 ilf 43to46' ' f 402 in LOT 4 € 1" 24.5 AC CQR r: INT ELL COR ESE COR ISON V : POWERS S POWERS .C;02 DLC 49 DLC 40- J is.ss c -lau:,a� snR•O':•w soma,' E s3.l o-t.hf z :�5• ..._.._._._. __ NE COR N JOHNSON NW COR ' 403 DLC 02 J M MA.NN � i• 2AC DLC74 eC SKINS �. LC 01 "ssr.56 , ��,.. 400 405 S'55'14-V mnlo'la a 04.5za 7.79 AC: 3,s ' 'r Y MW COR DLC fit ry- 404 406 w0.34AC x 7.17AG 1 r V F � 2d' ri C7 W I 5.T2' 7 ]B i ��C�•-� �'/T '•i� � � JL3 r � MN � THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBER LAND IN RELATION TO ADJOINING STREETS,NATURAL BOUNDARIES AND OTHER LAND, &ND IS NOT A SURVEY OF THE LAND DEPICTED.EXCEPT TO THE EXTENT A POLICY OF TITLE I����ESSLY MODIFIED I3Y ENDORSEMENT,IF ANY,THE COMPANY DOES NOT INSURE 111ir A`lfIN d" ?fir'A CTa'MrhYTQ A C"lI: V A f'V rvo f%rry n l r r r+mr•,"r, nrr vv MT mr . .Y ..�. Exhibit B Page 29 of 52 CA' SCADE TITLE CO. MAP NO. 17-02-28-00 ,� � _ .,ate��'•• - _. _, _. - 402 LOT 4 24.5 AC ESE COR A Cq)R !NT ELL COR AS POWERS ]SON r. POWERS DLC 4�J D LC 21 57 C}s-,420.2-a- 75.S.t CH- 5,4-*, 1994CH-9.2C.A: NE COR j� N JOI- NSON NW COR 403 DLC fit J M MANN. a 2AC DLO74 1. OR t.. stsrs sR•y� st:. �r' INS 400 405 7.79 AC r+WEVS-ST 93A,539 c 04 406 0,34 AC j 7_17 AC Z n LO r. v :.a o ?p MD Ar g,F3�'xf. a AA)•1: Q* ' ►�4y'�r`47,rV.32iG$7 �,3��'! 0.85 A,, THIS MAPIPLAT 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 MODIFIED THE LAND DEPICTED.E�XCEry�P+'T,}'71,O THE �*EXTENT A�/POLy IC'f�t',{�C^yI�F+^TITLE •�IstY��XTANCES, SSL Y RYA ODIFI D Al i E13 L1O,LI�JEMEA� ,I A Y,T.1. E COMPi 1'S. DOES NOT INSURE D T-C)C`ATTC4'V3 f" 1W r,.AR'F.MT+NTS. AVRF An1e A.0 r)'ruVlD I%XArlrlrno yve'%m:f1.T r Exhibit B Page 30 of 52 CAr3CAr»3E rmcnavv BUYER'S CLA)S[NG STATEMENT—Escrow No: EU16-0645 PAGE I OF 2 TO: CASCADE ESCROW DATE: 03118/1-016 8 11 W1 LLAMETTE STREET EUGENE,OR 97401 PHN: (541)687-2233 FAX: (541)495-007 BIG BASS, LLC(the"Buyer") is/are buying the subject property d",cribed heroin from: ABADAHA, INC.(the"Seller") Ba,,-ur acknow1ccigcs the incoi-ponmon herein of the Joint Escrow Instl-UCtiOnS executed coincidentally herewith, You are insiructed "o disburse the funds,according to the debits and credits as set forth below. SCE BJECTPROPERTY: 17 0228 00#402& fA' 05,Lane COUNTY ,I,lr ME ORDER NO.: 0294593 PRORATE DATE; 030-112016 DEBIT CREDIT PURCHASE PRICE S225,000.00 Seller credit to Boyer for Dept of Geology permit BUYER DEPOSITS: --------------- PRORATIONS AS OF Close of EseroNv : REA1,TAX-ACCT 1239404 @,98-12 paid to 07/01;2616--- 2 7.42 --------REAL TAX-A CCT 1023520 ((7�),5 77.36 paid to 07101/2016 161.34 I-R--t"AL I-AX-ACCT 1023512 ((yt?,1700-15 paid it) 07,101,12016 754.56 ............... ESCROW FEES: ---------- ------- CASCADE, ESCROW RESIDENTIAL ESCROW CLOSING FEE-5 % —--------- ------ TJITLE CHARGES: CASCADE TITLE COMPANY GOO LIEN 11 NISPECT FEE-5011/0 RE(.70RD WARRANTY DEED 52A0 kL CIIARGES& CREDITS: ......... ... BALANCE NEEDED TO CLOSE- 225 575.32 WH'U of CASHIF'W '(,'HECK,PLF--ASE,PAVA1;U--­r0 CASCA11);--.ESCROW TOTALS $226,450.3 k S226,4LO.T' -] T11C LindcrsigIned are aware that the ftures I i.;tcd above are estimated figures anti may change between the date of signing:and the dalc of recordin ge. Escrow agent heroin is authorized and instructed to make tk necessary adjustments at the time oFelosillm. Me hereb),acknowledge receipt of a copy of this statcment. Accepted and Approved: Dated. 13cs Ordinance No. 6468 Exhibit B Page 31 of 52 BI.JYER'SCLOSIN-GSTi�TEMI ,NT— FscrowNo., R1116-0645 PAGE 2 OF 2 ESCROW OFF]CFR: MFLTSSA MITCHI-111. BIG BASS, LLC BY: JOHN H. HYLAND, MANACIPR IX-S Ordinance No. 6468 Exhibit B Page 32 of 52 EARNEST MONEY ADDENDUM ALL CONDITIONS MET CERTIFICATION 033!IV2016 ESCROW NO.: E U1 16-0645 SUBJECT PROPERTY: 17 02 28 00 4402&-4-405 Lama ('01JNTY We. Ifiv undersigned,hereby cerffv that all caiiditiotis atid contingencies of the Sale A-revmeiit and as and all Y Ad(ICTIC13 have hOU met and satisfied, and are hereby removed. ARADARA, INC. RY- KF.VfN Al.,I.TUCKFR, SECRETARY ROVER: RIG BASS., [.LC Fly JOIYN' II. HYLAND, MANAGER FMA Ordinance No. 6468 Exhibit B Page 33 of 52 C 310- ESCROW JOINT ESCROW INSTRUCTIONS- ESCROW NO.- EU16-0645 TO: CASCADE ESCROW 811 WILLAMETTE STREET DATE: 03,118,12016 EUGENE,OR 97401 PACE: I of 4 ........... PARTIES. SELLER: ABADABA, INC. BUYER: 1316 BASS, LIX SUBJECT PROPERTY: 17 02128 00 4402&4405, Lane COUNTY As more fully described in the title report. The parties hereby employ Caicadc Escrow w act as selliernent agent in connection with the sale by Seller to Buyer of tile subject property and agree, advise and ilISMICt CaSCH& Escrow as follows: The signed Closing SiatcmcnLs are made a part of these instructions as if fully set forth herein. Cermin item;oil the closing statements are c.slimat", only and the,final figurest'nay be adjusted to accommodate exact amounts required at the time of I Ising.ofescrow and disbursement of funds. If for any reason additional funds shall become due for the accounts being paid thi'01,12,11 this CSCI-OW,the SL"Her!Rriver agree to deposit such additional funds immediately upon notification. TITLE INSURANCE POLICY OR PO[KIRS, Obtain through CASCADE TITLE COMPANY the fbIllowing,title insurartec policy or Policies Oil the subJec"property: OWNER'S STANDARD POLICY $225M0.00 Insurino. BIG BASS. LLC.an Oregon Limited Liability Company Showing title vested in or the interest of: BM BASS,LLC, an Oregon Limited Liability Company SubJect to the usual tcrms,cortchilons and exception$contained in the form of title insurance policy herein provided for and any eNceptionsarlsing Ivorn or created by the documents recorded through this escrow and the following i e eptions: 1-11 I Xc OWNER'S in that title report dated 03)/02.1"2016,Order No. 0294593. The partics acknowledge receipt of the title report and map, and have read and approved the same, Additional Instructions; YOU are authorizcd to adjust the prorations if the recording 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 any itvin not appear oil the closing statements. it is to be paid by the buyer and/or seller outside of this escrow. You are instructed to pay all creAlit card items and other consumer type debts-,';"the arnounts as shown oil the Closinur Statements Pursuant to the lender's instructions to you. You are to acccpt the account information and aniounLs thee:have been provided to you without verification, if the invoices for the credit cards and/or consumer type debts are not supplied to escrow, then Cascade Escrow will deliver checks for said debts to 111C Undersigned for delivery to said creditors, wilt no liability to I Cascade Escrow. Any and all said checks shall be delivered via regular mad, unless instructed by the; Undersigned- I)KORATIONS shall be made its of Close of Escrow, The items to be prorated or adjusted in escrow are; RRAL TIROPLR,FY TAXES. Ail adjustments to he made on a per diem basis,unless otherwise instructed prior to closing, JE'l Ordinance No. 6468 Exhibit B Page 34 of 52 JOINT ESCROW I N.- STRUCTIONS...LSC ROW NO: E U 16-0645 03V 1 8i2016 PAGE 2 OF 4 It is understood that Homeowner's Association dues,water,sewer,waste collection,electricity and utility charges and inventory for fuel twill be adjusted between Seller and Buyer outside this escrow. unless set forth on the Closing Slotements. DOCUMENTS TO BE DELIVERED THROUGH F130-ROW SHAI-J.,13F.: The doCUrnents required to dace title in the condition caned for above,any documents referred to in the sections entitled "Existing ErcumbrancC(S)/L03n(S)"and/or"New Encumbrancc(k)"and any other documents specified in these instructions. Buyer will cause to be delivered to you (hefunds and documents necessary for Buyer to comply with these instructions. Seller will cause to be delivered to you the funds and documents necessary 1-or Seller to comply With these illsti-Det;ons. whurl 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 thic, Foregoing,13L'YCI'and Seller acknowledge that some lenders will not deposit loin funds into escrow until after recordation of documents. You are authorized to record documents deposited into the escrow prior to the lenders deposit of Funds therein when you have been given instructions by the lender to record. to the event lender subsequently tails to deposit funds into escrow, Buyer and Seller 4-ree to execute and record all documents necessary to restore title to the premises to the condition existing prior to said recordings. Buyer and Seller each hold Cascade E3crow harm!ess from any failure to perrorin and release Cascade Fscrow from any liability,arising there from. The parties to this escrow acknowledge that they are aware ortlic governmental regulations which require that all funds deposited into escrow must becollected funds and avai4+lc For withdrawal prior to the disbursement of escrow. All funds deposited to this escrow must be deposited in the rerun of Cashier's Check, Certified Check*or Wire Transfer. In the event of deposit ol'tmcollected funds, Cascade Escrow is authorized 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 Niational Bank,and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check orCascade Escrow, if,without agreement, funds are retained or rernam in escrow 6 months after close of escrow, you may deduct therefrom a$25,00 per inonth.fee, I The expression "close ofescroti.%,"means the date on which instruments referred to herein are recorded. Any documents that have been prepared by Cascade Escrow were so prepared at the parties'direction and have been reviewed andallprovcd as to terms,provisions,form and content by the parties. Cascade Escrow is authorized and instructed to insert dates and terms on instruments if executed incompicle in Such particulars. A ftcrclosr of escrow,you are to deliver the documents, funds and other property delivered herewith to the persons entitled thcreto. 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 andior the real estate agent or ag0etits involved in this transaction upon roquest OfKlCh 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 ol'record as may cxist at time of record inglifiling such instruments, to permit issuance of said title"policy as above stated and shall not be responsible for liens attaching after said date. Buyer and Seller hereby acknowledge that they have and shall firivc the con(iTioin--,oblication ofgood faith in 4; with Cascade F dcallm, — Z� SCI�O%Nr to enahle Cascade Escrow to fulfill its responsibilities under r1li32rreement, Such obligation of Buyer and Seller shall survive the closing of the transaction de.scribcd herein and shall include, without limitation,the obligation to: Disclose to Cascade Pscrow any liens,encumbrances or any other rights,claims or matters known to Buyer or Seller which 1fTect or I relate to the property and transactions referred fc,in this avrccment;(2)Return to Cascade Escrow for proper disposition any 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 fulfill these escrow instructions and to fulfill Cascade Escrow's obligations to report and remit I to the State of Oregon pursuant to ORS Ore. Rev. Statutes 3 t4.25,8,el seq. To facilitate Buyer's and Seller's continuing obligatloo of`good faith and cooperation ten Cascade Escrow and toeriablc Cascade Escrow to fulfill its obligations under these escrow instructions,each of the undersigned hereby irrevocably appoint Cascade Escrow their attorney. in-fact,to eximne in their name and oil their behalf such papeis tn'rid documents as may be required to fulfill The terms ol'theje escroav instructions. You are:to have no liability or responsibility with respeetto any matters:connected with the following(unless expressly nuthorizod herein): (i)Compliance with requirements of the Consumer Credit Protection Act or filter-State Land Sales Act,or Ordinance No. 6468 Exhibit B Page 35 of 52 JOINT ESCROW JNSTRUCTIONS- E CROW NO- EU 16-0645 03/1812016 PAGE 33 OF 4 similar laws; (2)Compliance with the requirements of Oregon Revised Statutes 5-1.330 (related to water rights), 7 ,Oregon el �i ,,oil Revised SOTLUS 537.788-791 (related to information),and any similar laws, (3)Title to any personal property,or encumbrances thereon, including but not limited to,personal property taxes,sales tax, instruments Filed under ltiie Uniform Commercial Code, water rights, or lensed equipment On premises; (4)Capacity, forgeries or false personations of any person or party in connection with these instructions or this escrovv,, (5)Fire Insurance and any other insurance euverage, Seller and Buyer agree that such cov.,rage will lie provided for outside this cserow; (6)The cffieet of zoning,,ordinances; (7)Any law regarding land division,arid.,(8)Any sums That may become due because of disqualification of the property qualifying for &fCITC(I taxes Or Other(UM-C(I liens. NON-RESIDENT ALIEN—FIRPTA, The Foreign Investment in Real Property Tax Act(FIRPTA),Title 26 U.S.C., Section 1445,and the regulations there under.provide, in pail,that a transferee(buyer)of a U.S.real property interest ftom a foreign person (generally a noii-residentalieil individual,a foreign Corporation,a f'orejogii partnership,a J"orei-11 trust.or a foreign estate must withhold a tax equal to tell percent (10%)of the amount realized Oil the disposition (generally the sales price), report the transaction and remit the withholding to the Internal Revenue Service(IRS)withiii twenty(20)days after,the transfer. Cascade: Escrow has not participated and will not participate in any determination of whether the r1RPTA tax provisions are,applicable to the subject transaction-, has not acted and will not act as a"qualified (as defined in the code and/or regulalions)to receive a certification of non-foreign status froin the transferor;and has not furnished and will not furnish lax advice to any party to the transaction.Cascade Escrow is not responsible for determining wheilicr[lie transaction,the transferor(seller)or the transferee (buyer)qualifies or v.,ill qualify for air exception or an exemption from FIRPTA withholding requirements and is not responsible for the filing of any tax form with the IRS related to PIRPTA's application Lii this transaction and its principals, Cascade Escrow is not the agent for the transferee(buyer) for the purposes or receiving or analyzing any evidence or documentation that the transferor(seller) in the subject transaction is a U.S.Citizen,a i-csidtnt alien or a foreign person for purposes of FIRPTA requirements.The transferee(buyer)is advised drat transferee(buyer)should seek the advice of a 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 connection .vith tflos�requirements. Cascade l3scrow is not responsible for the payment of F IRPTA withholding'and/or any penalty an(Vor any interest incurred in connection therewith.The transferee (buyer)is advised that FIRPTA withholding and reporting requirements are not matters covered by title insurance, if any, issued to transferee(buyer) in connection with this transaction.The transferee(buyer)is advised that transferee(buyer)bears full responsibility for compliance with FIRPTA withholding and other requirements if applicable and/or all consequences of any failure to comply therewith. fit the event that the transferee(buyer)and/or the transferor(seller} instructs Casekide Pserow to make diSbUYSCIlient for FIRPTA williholdinu,ani to deliver P'IRPTA-related forms to the IRS.Cascade Escrow does-so pursuant to the principals'written instruction,,,,solely in its capacity as ain escrow agent,without offering or g"iving any legtd or C> Z7 tax advice to transferee(buyer)or lrawifcror(.seller)regardine FIRVTA withholding and other requirements. In the event an\, dispute arises between Buyer and Seller concerning the property,documents,or runds covered by these instructions,Cascade Escrow may at iL election, (I)Hold all matters in their existing status pending l'CS0lLlti0fl Of such dispute;or, (2)Join of cornmence a court action,and,in such action deposit the funds arid documents referred to herein with the court where such action is Pending,and ask the court.to determine the rights ol'Buvei-and Seller in and to silcll property, documents and funds. In the event of such dismite and Cascade Escrow's election ofelther alternative described above, Cascade Escrow shall have no further duties or obligations tinder this agreement oilier than either to hold such funds and documents until Buyer and Seiler have resolved their dispute or to deposit such funds and(10CLIMCnis into court_ litthe event any suit or action 15 brl)Ug111.by Seller. Buyer,Cascade Escrow orally of then/ its enforce this aLylleellient 01'to resolve any dispute between Or anion; Buyer,Seller and Cascade Escrow, including a,,uil for declarawryjudgnient,the prevailing party shall be entitled 10 recover all expenses,costs and reasonable aiwocy's fees incurred it-, contlection'with such suit or action at trial, on appeal,on any poition for review, and in any arbitration Or administrative or bankruptcy proceeding. We have been specifically inforined that Cascade Escrow is not licensed to limctice law and no legal advice has been offered by Cascade Escrow or any Or ifs'employees. 4Ve have been I'Urther informcd that Cascade Escrow is acting only as air escrowholder and is forbidden by law to offer respecting,„an advice to any party respectin the merits of this transaction sir the nature of the instruments utilized,,and that it has not done so. We have not been ret'erred by Cascade Escrow to any named attorney or attorneys or discouraged fi-om seeking advice of an attorney but have been encouraged to see!( icy-al counsel oi'our Own choosing at our own eNpen'se,if We have doubt concerning any aspect of this transaction. Ordinance No. 6468 Exhibit B Page 36 of 52 JOINT FqCROW !Ns,rRI.ICTIONS- FSCROW NO, FIJ 16-n645 03,11 8L)0 16 PAGE 4 nF 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, 'Ale acknowledge that we have received the HUD-I and/or HUD-lA Settlement Statement at least(1)business day prior to settlement,or we acktiowledoe that we have Nvaived our right to the(1)business day review period per CFR§1024.10. The Seller and Buyer herein agree,by executing the docurricrits 11cuessary to close this transaction,that all terms,provisions and contingencies on the EamciL Moncy Agyreurneiii and any attachments thereto have been net or will be met to the satisfaction of the undersigned parties. If not inet,they will be handled by and between the parties hereto outside this escrow. Cascade-Escrow will have no responsibility or liability for.iny of said contingencies not met. Cascade Escrow shall nor be concerned with oral directives, earnest monc'v agreements or other writings other than an agreed express written arriendinent to these instructions. We agree that inspections wid/or repairs are paid outside of escrow, unless they are set out in the attached closing statement. Seller and Buyer are hereby informed that Caseade Escrow deposits all funds into a non-interest bearing account and receives or may receive certain bank services including,but not limited to., checks,deposit slips,data processing and account services Croin or threw-b various banks as a result of the banking relationships maintained in the regular course of i5s escrow and affiliates'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 Good Faith estimate ofthe value of the bank services reccivcd is S50.00 per escrow transaction. T js disclosure is made in compliance with Oregon Adniinisinitive Rule R63-50-065. WE ACKNOWLEDGE l'OFTHE ABOVE DISCLOSURE AND PERMIT SUC l SERVICES To CASCADL ESCROW. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN I'll IS FIRM AS AN ESCROW AGENT AND YOU AS 11RINCIPALTO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL TUE TERMS OF'THE; EARNEST MONEY AGREEMENT WRICH IS TINE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY,AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTARLF, TO YOU. SEL1,F.R: BUYER- ABADARA, INC- RIG BASS- LLC BY: BY. IZTV—IN UK ER-ATLTC .SEC---RET-.,-\--R--Y--- JOHN H.HYLAND,MANAGRIZ ADDRESS AFTER CLOSING: ADDRESS AFTER CLOSING IF OTHER TI IAN .......... SUBJLC-F PROPERTY: ............. ........... ................................. Ordinance No. 6468 Exhibit B Page 37 of 52 CASCADE TITLE CO. TITLF_N', } 0294593 ESCROW NO. EU16-0645 TAX ACC°T. N'O. 102 5512, 1023520, 1239404 MAI'i'I'AX LOT Nil. 17702 28 00 1,402&#405 GRANTOR A13ADAI3A, INC. GRAISE`I'EE 1316 BASS. [_LC t.. . P_O. BOAC 7867 µ SPRINGFIELD,OR 97475 IJnlil a change is requested After recording;return to: all tax statements shall be CASCADE TITLE CO, sent to the following address: 2;1 [ ILLAMFTTE "SAIME AS GRANTEE*" RLIGI NE,OR 97401 WARRANTY .DEED STATUTORY FORIM ABADABA,INC.,an Oregon Corporation,Grantor, uonveys and warrants to BIG BASS,LLC,an Oregon Limited Liability Company,Granter, the following described real properly free of encumbrances except as speciticaliv set Forth hercirl: SEE EXHIBIT A WHICH I IS MADE A PART H REOF BY TT-I.IS REFERENCI BEFORE SIGNING OR ACCEPTING THIS INSTRUItiILNT, TL1F, PERSON TRAfNSFEIRRING FEE TITLE Sf OULD INQUIRE, ABOUT THE PERSON'S RIGHTS, IF ANY, TINDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 1I.CHAPTER 424,OREGO1N LAWS 2007,,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,ORE+GON LAWS 2009,AND SECTIONS 2 7YI 7, CHAPTER 8,OREGON LAWS 20I0.141IS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT EN VIOLATION OF;APPLICABLE LAND USE,LAWS AND REGULATIONS. BEFORE SIGNING Olt ACC'EPTINNG THIS INSTRUMENT, T14E PERSON ACQUIRING FEE TITLE, TO THE PROPERTY SHOT LD (AIECK WITH T14E APPROPRIATE CI'I'V OR COUNTY' PLANNING TO VERIFY`TLI.AT TIM, UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, A5 DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVER USES OF THE LOT OR PARCEL, 'I'O DI:'rERMI1NE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30,930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY. ORS 195.300,195.301 AND 195.305 TO 195.33E AND SECTIONS 5 TO 11,CHAPTER 424,OREGO,N I..AW'S 2007, A€ND SECTIONS 2 7'0 9 AND 17, CHAPTER 855, OREGCON LAWS 2009, AND SECTIONS 2 TO 7,CHAPTER 8, OI2EGON LAWS 2010. Exccpl.the following encumbrances: Covenants, Conditions, Restrictions and Easements of record. The true Considerati.©n for this eoliveyance is $225,000.00. Dated this d41v of ABAD;ABA, INC. u'xl� Ordinance No. 6468 Exhibit B Page 38 of 52 BY: KEVIN ALLTUCXER, S.FCRJ--TARY State of Oregon Cowity of Lane This instrument was acknowIcdgcd beforc mu on 201( by KEVIN ALLTU UCR, &:crctw�v or ABADARA, iNC'-. (Notary Public for Ore(;on) My commission expires WRD Ordinance No. 6468 Exhibit B Page 39 of 52 EAHIBIT"A" PARCEL, 1: Beginning at the Southeast comer of the Daniel Harkins Donation Land Claim No.61. said point also being the re- entrant corner of the Herold Johnson Donation Land Clain No, 62, in Section 33,Township 17 South, Range 2 West of the Willamette-Nleridian; thence North 0"04'46"West 1971-64 feet along,the Donation Land Clairi line to a point on the North line of the Eugene-springfield State Highway right oFway line,said point being 50 feet at right angles from Station "HB"9+67.79 thence North 0'04'46"West?07.25 feet along I ,said claim line to a point;thence North 890 55' 14"East 80.00 feet;thence North 0'04'46" West 417.42 feet to lite true point of beginning;thence North 89'554 14" East_ng.71 feet;thence South 0'04'46" East 357.42 "ect;thence North 89'55' 14" Fast 64738 Feet to a point',thence North 0' t6'53"West 462,5 feet to[lie Northwest corner of the Jessie M. Mann Donation Land Claim No.74, said point also being,the Northeast corner of tho Herold Johnson Donation band Claim No. 62:thence North 89149,021, Cast 500.28 ieet to a point; thence North 0' 10'3 1" West 63 1,72 feet to the Southeast comer of that certain parcel of land described in Deed to Stanley F. McNutt,recorded December 27, 1,972, Reception No.3413 1, Lane County Official Records,flienceSouth 3 `0')'40"West 1362,91 feet along the Southerly line of said parcel to a point which bears North 0'04'46" West ftonn the true point ofbeginning:Thence South 01104'46" East 574.37 feet to the true point orbe-inning, in Imic County.Oregon. PARCFI,71: Re-innim,,M the Southeast corner of the Daniel Harkins Donation Land Claim No,61, said point also being the re- entrant comer of the I lerold Johnson Donation Land 0afin No.62, in Section 33,Township 17 South, RAnge 2 West of the Willamette Meridian,thence North 00 04'46" West 2678-89 feet along said claim]in(;to as point-,thence North 891 55' 14" Fast 288.71 feet to the true point of beginning';thence North 89'55' 14" F;ast 567.59 feet to a point:t1leilce South 0' J 6'53" Fast 90248 feet to a point in the centerline of Plgh Banks Road(County Road No.4,10):thence South 89100'20" Fail 80,02 feet along said centerline of'High Banks Road to a point;thence North 0' 16' West 963,98 feet to a point,thence South 391 55' 14" West 647.38 feet to a point; dMICC SOUL11 01 04'46"East 60,00 feet to the true point of beginning, in Lane County, Oregon. FXCEPT any part within the boundaries of the H;gh Ranks Road,in Lane County,Oregon. ALSO EXCEPT that portion described incited to the City of Springfield recorded April 29. 1991. Reception No. 9119392, Lane County Official Rcct)rds, In Lane County. Oregon, ALSO EXCEP-l'that portion described in dcud to Rexius forest By-Products, lite.,recorded May 12, 1993, Reception No. 9328423, Lane County OMei;d Records,in Lane County,Oregon, PARCEL 3): The'North 1393 feet to the following described property. Begivining,at a point being South 01 16'43" East 522-05 feet and South 99155' 14" West 80.00 feet FI-om the -Northwest corner of the Jessie Nlann Donation [..and Claim No. 74. Township 17 South, Range 2 West of the Willarricuc, Meridian:thence South 0`1 16'43" East 870.49 feet;thence North 89"00'20" West 250.00 feet;thence North 01 16'43" West 265,00 feet:tIhejjce'j%'ortjj 891 oo,20,, West 165.12 feet: thence-North 01 16'4331' West 597.70 feet; thence North 89'55' 14" East 415.00 feet to the point of beginning,in Lane County,01-c"'011, LWAL Ordinance No. 6468 Exhibit B Page 40 of 52 City of Springfield Annexation Application Attachments ATTACHMENT IF Legal Description Ordinance No. 6468 Exhibit B Page 41 of 52 Big Bass,LLC,Annexation Tax Map 17.02-33 Tax Lots 402&Portion of 405 Beginning at a point N0004'46"W 2678.89 feet and N89055'14"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 SO'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 NOP10'30"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 DTGTTAI,,I,Y STGNED OREGON JANUARY 14, 2003 RYAN M. ERICKSON 55524 EXPIRES: 12/31/2023 Ordinance No. 6468 Exhibit B Page 42 of 52 City of Springfield Annexation Application Attachments ATTACHMENT G Tax Assessor's Caclastral Map Ordinance No. 6468 Exhibit B Page 43 of 52 y r, CD Co LL Ll- 00 Cv ;r p C+1 0 � C1 c ��3 �r, Fl 6`,5 iw Y Cam! CL IL ,y w wr U) 3i17 ^"i r C w9' — — — — �, � mm ° ^ O 601 y �J u a --------------- ------- _ L.. .. ... w w P, w z It 0 'W' i'T [61 � a y CD 00 1 Z 7� f" 1 1ui n 14 f ^^ i +, w r'' n 14 a LE a s" w, a µ ww t A Ordinance No. 6468 Exhibit B Page 44 of 52 City of Springfield Annexation Application Attachments ATTACHMENT H ORS 222.173 Waiver Form Ordinance No. 6468 Exhibit B Page 45 of 52 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 [v] indefinitely or until Date Si natures of Legal Owners Please print or type name Siqnature Date Signed Shaun Hyland,Big Bass LLC e),-6/,Z-Z LCOG; L,LBC2006 BOUNCHANGE TPAAGITIONYAPPLICATZON FDRM_7�5PR1PJGFTF40U0.03-08 UPDATED FORMSkPRE-SUBMITTAL ANNEXATRWAPPLICA770M 10-07-08.DOC Last Saved: lanuary 19,2016 Revised 4/8/14 BI Ordinance No. 6468 Exhibit B Page 46 of 52 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 [✓] indefinitely or until Date Signatures of Legal Owners Please print or type name Signature Date S!Qned Shaun Hyland,Big Bass LLC LCOG: L;kBc�2008BOUNCHANCETPANSML)NSAPTUC,4TIOPiFL)RMSISi-PJN,3FIELE)VO-0,1-OSUPf)ATFf)FORf4,'%PPE-SURM17TALANiVEXATIO&fAPPLICATIOIVIO-07-OS.L)OC Last Savedr.,January 19,2016 Revised 4/8/14 BJ Ordinance No. 6468 Exhibit B Page 47 of 52 City of Springfield Annexation Application Attachments ATTACHMENT Metro Plan, Plan Diagram Ordinance No. 6468 V Exhibit B Page 48 of 52 E IT3 t6 AS.w V 0 1 91 f A sit 01 MD. C: C 40 D 6 Q 2 -� 1, . Es Alm"S dwgvy� CL.te oil KE jjw 014 Imp CL C9 MAP C: ul -1 S 01 F 11 7- X 4"N F INNs�/�ml , lknrllf 'k rti M �N 1]1 '%�is ",J lllllu� A "'A 5, ..7 ...... .... . J w1l.i . ......... v VT MAN ---------- ,5T[T Was RA .1 T q, Long �111161 WILL.L. .................... %\ ...... .... Ordinance fro. 6468 Exhibit B Page 49 of 52 City of Springfield Annexation Application Attachments ATTACHMENT J Annexation Site Plan Ordinance No. 6468 Exhibit B Page 50 of 52 cS 9 C6 Li m z z C:) 0 0 C:) C() W z >- N y R 0 Z 0 uj — > 0 (N F— D I Lo -j o6tTE9 MACMIAN T UJ 0) LO LO W 0 < 0 Z 3: ui CC z Z < z (L < LLJ 4) ca m a U) LJ Tr 0 z00 rl A, -------------- 04 M iSO'ZZS AXASMAK C�'�>Volk, OQ It'D (Wl' 71 77 0 W Cl 0� CL� C Cq rq 0 �jj 00 " [ z sZV*Ltt &9MIOAS 448'tLS 30t4t0oOS —Z IT M 0 0 CN 2 10 Ordinance No. 6468 66 Exhibit B Page 51 of 52 City of Springfield Annexation Application Attachments ATTACHMENT K Existing Utility Plan Ordinance No. 6468 ExhibitlB�Pa ______ Page f5�" R4bZ6 W t7IUIDNIM S 06 S7 V9 HOM T7k'MOI RY15'MI'M HDI LIJ H ,x z z r r r All 1911M Hii I. M r Lu � r r r r r Y � r 0 yepX r 4i � p^NL Vol ' i f r Nq _ a � r r r Ordinance No. 6468 Exhibit C 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 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 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, storm-water 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 {00031256:4} ANNEXATION AGREEMENT—Page 1 of 6 Ordinance No. 6468 Exhibit C 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. L 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 {00031256:4} ANNEXATION AGREEMENT—Page 2 of 6 Ordinance No. 6468 Exhibit C 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: Share of LID assessment = Total ADT on Map 17022800 TL 402 &40S Total ADT of all properties in the 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. {00031256:4} ANNEXATION AGREEMENT—Page 3 of 6 Ordinance No. 6468 Exhibit C 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. {00031256:4} ANNEXATION AGREEMENT—Page 4 of 6 Ordinance No. 6468 Exhibit C 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 Turd and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et seg. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidi1y. 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. {00031256:4} ANNEXATION AGREEMENT—Page 5 of 6 Ordinance No. 6468 Exhibit C 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 SS 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 SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ,20 BY AS OF (CITY) NOTARY PUBLIC FOR OREGON {00031256:4} ANNEXATION AGREEMENT—Page 6 of 6 Ordinance No. 6468 Exhibit D Page 1 of 7 LLOREGON FI L TYPE 4 -ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Hyland High Banks Annexation pppppp I����lil ��'{III i1i1i1i I ��Q�VIVI;iI iii"riiil iL�roPi 'V a u i tl kl d;���V iillll,I 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: W j Quarry&Mining Operations(QMO)/ Sand and Gravel A Applicable Comprehensive Plan: Springfield 2030 Comprehensive Plan Application Submittal Date: August 29,2023 126 , nr��m Public Hearing Meeting Dates November 20 2023 uf,"'.r f _ m. �m n' 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 Safety 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(13)(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 Ordinance No. 6468 Exhibit D Page 2 of 7 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 52' 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 is Quarry and Mining Operations (QMO) with an Urbanizable Fringe Overlay District(UF-10) applied. After annexation,the OF-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 52' 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 52' 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 Ordinance No. 6468 Exhibit D Page 3 of 7 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 222.11 l(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. Ordinance No. 6468 Exhibit D Page 4 of 7 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-distfict 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 52' 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 52' Street,including the subject site. Instead,properties located north of the terminal sewer manhole that require sanitary sewer service must employ aprivate 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 the Springfield 2030 Comprehensive Plan Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Ordinance No. 6468 Exhibit D Page 5 of 7 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 52'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 52'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 52'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. Ordinance No. 6468 Exhibit D Page 6 of 7 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 Q. 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 extending 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 52' Street right-of-way. To the south of the annexation area (where 52nd 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 52' 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 52nd 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 Mana eg Went—The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac. Communication Facilities—Various providers 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. Ordinance No. 6468 Exhibit D Page 7 of 7 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, the 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 OF-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. Ordinance No. 6468