HomeMy WebLinkAboutItem 14- Finley Heights AnnexationAGENDA ITEM SUMMARY Meeting Date: 4/1/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Tom Sievers, DPW
Staff Phone No: 541-726-2333
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve Infrastructure
and Facilities
ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX 7 ACRES OF
VACANT RESIDENTIAL PROPERTY LOCATED AT MAP 18-02-02-00, PORTION OF TAX LOT
00500.
ACTION
REQUESTED:
Conduct a public hearing and first reading of the following ordinance:
AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 18-02-02-00, PORTION OF TAX
LOT 00500 TO THE CITY OF SPRINGFIELD; WITHDRAWING THE SAME TERRITORY
FROM APPLICABLE SPECIAL DISTRICTS; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE (FIRST READING).
ISSUE
STATEMENT:
The City Council is requested to consider an ordinance to annex 7 acres of vacant property zoned and
designated R-1 Residential District that is located at Map 18-02-02-00, Tax Lot 00500 in southeast
Springfield. The proposed annexation is requested to facilitate a future subdivision and subsequent
development of the overall site.
ATTACHMENTS: 1: Location Map
2: Ordinance with Exhibits
Exhibit A: Site Map and Legal Description
Exhibit B: Annexation Application
Exhibit C: Annexation Agreement
Exhibit D: Staff Report and Recommendations
3: Powerpoint Presentation
DISCUSSION/
FINANCIAL
IMPACT:
The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield
Development Code (SDC) Section 5.7.100 to act on annexation requests. In accordance with SDC
5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective on
the day following the general election, November 5, 2024, or upon acknowledgement by the State,
whichever date is later.
The territory requested for annexation is located at Map 18-02-02-00, Tax Lot 00500, for which only a
7-acre portion of Tax Lot 500 is subject to the annexation request. The residential property is zoned
and designated for R-1 Residential District use with an Urbanizable Fringe Overlay (UF-10), and it is
located inside the City’s Urban Growth Boundary (UGB). The UF-10 overlay will no longer apply
upon annexation.
As outlined in the attached staff report (Attachment 2, Exhibit D), the annexation area can be served
with the minimum level of key urban facilities and services as required in the Springfield 2030
Comprehensive Plan – Urbanization Element. The attached staff report also confirms the request
meets the criteria of approval for annexations established in SDC 5.7.140.
Recommendation: The subject property complies with the standards and provisions of the SDC and
applicable ORS for annexation; Council is requested to conduct the first reading and public hearing of
the ordinance annexing this property to the City and withdrawing from applicable Special Districts.
LOCATION OF PROPERTY SUBJECT TO ANNEXATION
SITE
Attachment 1
Page 1 of 1
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY (MAP 18-02-02-00, TL 00500) TO THE CITY
OF SPRINGFIELD; WITHDRAWING THE SAME TERRITORY FROM APPLICABLE SPECIAL
DISTRICTS; 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 January 4, 2024, said territory being
Assessor’s Map Township 18 South, Range 02 West, Section 02, Map 00, Tax Lot 00500, which is vacant
and 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 Tax Lot 500
initiated the annexation action by submittal of the required application forms and petition for annexation
attached hereto as Exhibit B to this Ordinance;
WHEREAS, this annexation has been initiated in accordance with SDC 5.7.125(A) and ORS 222;
WHEREAS, the territory proposed for annexation is within the Springfield Comprehensive Plan Urban
Growth Boundary and is contiguous to the city limits. (SDC 5.7.140(A));
WHEREAS, the annexation is consistent with the Springfield 2030 Comprehensive Plan – Urbanization
Element requiring annexation to the City of Springfield as the highest priority for receiving urban services;
WHEREAS, the City Council of the City of Springfield has determined that the provision of City services
to the subject area is necessary for future subdivision and residential development;
WHEREAS, in accordance with SDC 5.7-150(A), upon annexation the Urbanizable Fringe Overlay District
(UF-10) will cease to apply to the property and the underlying R-1 Residential District zoning will be
retained;
WHEREAS, a Staff Report (Exhibit 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)), and to withdraw the
subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield
will provide emergency response services directly to the area after it is annexed to the City;
WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and
Springfield regarding boundary changes dated May 21, 2008; and
WHEREAS, on April 1, 2024, the Springfield Common Council conducted a public hearing and is now
ready to take action on this application based on the recommendation and findings in support of approving
the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein
by reference, and the evidence and testimony presented at this public hearing held in the matter of
adopting this Ordinance,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Attachment 2
Page 1 of 31
Section 1. The Common Council of the City of Springfield does hereby approve annexation of
the following described territory to the City of Springfield, said territory being generally depicted and more
particularly described in Exhibit A to this Ordinance.
Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of
the following described territory from the Willakenzie Rural Fire Protection District, said territory being
generally depicted and more particularly described in Exhibit A to this Ordinance.
Section 3. The City Manager or the Development & Public Works Director or their designee
shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portion hereof.
Section 5. Effective Date of Ordinance. This Ordinance shall become effective on the day
following the general election, November 5, 2024, or upon the date of its filing with the Secretary of State
as provided by ORS 222.180, whichever is later.
ADOPTED by the Common Council of the City of Springfield, this day of , 2024,
by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this day of , 2024.
ATTEST:
Mayor
City Recorder
Attachment 2
Page 2 of 31
Exhibit A
Page 1 of 2
Attachment 2
Page 3 of 31
Exhibit A
Page 2 of 2
Attachment 2
Page 4 of 31
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Annexation Application Type 4
Annexation
Annexation
Property
Address:
lication Completeness Check:
lication Submittal:
SPRINGFIELD '
hhh. 0
Finley Heights, LLC Phone: (541) 521-1276
869 NW Wall Street, Suite 204, Bend, OR 97703 E-mail: royalm@plirisplans.com
Owner Signature: r f
Owner Signature:
nt Name: Jed Truett
knanv: Metro Planning, Inc
Phone: (541) 302- 9830
svA. .,., I —--- —
1846 A Street, Springfield, OR 97477 1
jed@metroplanning.00mAddress. g _ — E-mail
Agent
Signature:
If the applicant is other than the ow , the owner hereby grants permission for the applicant to act in his or her behalf, except
where signatures of the owner of recd , are required, only the owner may sign the petition.
ASSESSOR'S MAP 18020200500 (east portion) NO: I TAX LOT NO -C$):
Property Address: N/A, near S 71 st Street
Area of Request: 1 Acres:8 Square Feet:348480
Existing Use: vacant
Proposed Use:
subdivision, Finley estates
Case No.:
Prot No.:
Application
Fee:
I Date: I ,
1990.0
Postage Fee:
Reviewed
By:
initials)
Placard:
Total Fee:
J
Exhibit B
Page 1 of 12
Attachment 2
Page 5 of 31
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:
r
Date: g/Zs, L a
signature
Print
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:
Z/ - Date:
gnatui
re
Print
Exhibit B
Page 2 of 12
Attachment 2
Page 6 of 31
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Exhibit B
Page 3 of 12
Attachment 2
Page 7 of 31
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
Ma lot number
Name of Owner Acres
Assessed
Value
Imp.
Y / N
Signed
Yes
Signed
No
18-02-02-00-00500 Finley Heights, LLC 8+/- 71400 N x
VALUE CONSENTED FOR 71400
PERCENTAGE OF VALUE CONSENTED FOR 100%
TOTALS: 8 71400
TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1
NUMBER OF OWNERS WHO SIGNED 1
PERCENTAGE OF OWNERS WHO SIGNED
TOTAL ACREAGE IN PROPOSAL
100%
8
ACREAGE SIGNED FOR 8
PERCENTAGE OF ACREAGE SIGNED FOR 100%
TOTAL VALUE IN THE PROPOSAL 71400
VALUE CONSENTED FOR 71400
PERCENTAGE OF VALUE CONSENTED FOR 100%
Revised 04/17/2023 slm 13 of 16
Exhibit B
Page 4 of 12
Attachment 2
Page 8 of 31
FORM 3
SUPPLEMENTAL INFORMATION FORM
Complete a// the following questions and provide all the requested information. Attach
any responses that require additional space, restating the question or request for
information on additional sheets.)
Contact Person: Jed Truett
E-mail: jed@metroplanning.com
Supply the following information regarding the annexation area.
Estimated, Population (at present): 0
Number of Existing Residential Units: 0
Other Uses:
Land Area: 8+/- total acres
Existing Plan Designation(s): Low density residential
Existing Zoning(s): R-1 Residential
Existing Land Use(s): Vacant
Applicable Comprehensive Plan(s): Eugene -Springfield Metro Plan
Applicable Refinement Plan(s):
Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans. Comprenhensive plan
and zoning are consistent with one another. Zoning will not change after annexation .
Are there development plans associated with this proposed annexation?
Yes FT" N o
I
If yes, describe.
Phase II of Finley Estates (forthcoming)
Is the proposed use or development allowed on the property under the current
plan designation and zoning?
I_ Yes ..,.. E No 1
Please describe where the proposed annexation is contiguous to the city limits
non-contiguous annexations cannot be approved under 5.7-140, Criteria).
Part of taxlot 500 is already within the city limits and lies west of the
proposed annexation area.
Revised 04/17/2023 slm Page 14 of 16
Exhibit B
Page 5 of 12
Attachment 2
Page 9 of 31
Does thisapplication include all contiguous property under the same ownership?
Yes FT No F7
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 Rainbow Water and Fire District
Eugene School District Pleasant Hill School District
0 Springfield School District McKenzie Fire & Rescue
Pleasant Hill RFPD Willakenzie RFPD
EPUD 111 SUB
Willamalane Parks and Rec District 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.
Jed Truett
Name)
846 A Street
Address)
Springfield, OR 97477
City) (zip)
Name)
Address)
City) (zip)
Name)
Address)
City) (zip)
Name)
Address)
City) (zip)
Revised 04/17/2023 slm Page 15 of 16
Exhibit B
Page 6 of 12
Attachment 2
Page 10 of 31
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:
18- 02- 02-00 500 N/A Near S 71st Street Springfield 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
Sianatures of Leaal Owners
Please print or type name Signatuco Date Signed
Finley Heights, LLC
LODG: L-t8CW"BOUNOWNGETRANSl17ONVUPPUCA77ONfORMSiSAUNGRELDIIO-03- 08 UPDATED MRMSjPRESUSMlTTALANNEXA77ONAPPLICA7I01VIO-07-08_DOC
Last Saved: May 3, 2023
Revised 04/17/2023 slm Page 16 of 16
Exhibit B
Page 7 of 12
Attachment 2
Page 11 of 31
1
RECORDING REQUESTED BY: Lane County Clerk 2021-047305]
Lane County Deeds & Records
l FidelW National Title 07/16/202103:31:35 PM
Ceyyn,ao
RPR -DEED Cnt=1 SIn=8 CASHIER 12 4pages
3007 North Delta Hwy., Ste 206 $20.00 $11.00 $10.00 $61.00 $102.00
Eugene, OR 97408
GRANTOR'S NAME:
Skyline Estates, LLC
GRANTEE'S NAME:
Finley Heights, LLC
AFTER RECORDING RETURN TO.-
Order
O:
Order No.: 60222103526 -WC
a, Finley Heights, LLC, an Oregon limited liability company
869 NW Wall Street, Ste 204
Bend, OR 97703
c
SEND TAX STATEMENTS TO:
z Finley Heights, LLC
869 NW Wall Street, Ste 204
z Bend, OR 97703
LlAPN: 0559847
0978294
0559821
0559813
1051018
Map: 18-02- 02.00-00500
18-02- 02- 00-00600
18-02-02- 24-01800
18-02-02-24-01600
18-02-02-24-01700
71 st and Jessica, Springfield, OR 97478
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATUTORY WARRANTY DEED
Skyline Estates, LLC, an Oregon Limited Liability Company, who also appears of record as as Skyline
Estates, LLC, an Oregon limited liability company, to Parcels I and II and Skyline Estates, LLC, an Oregon
Limited Liability Company, who acquired title as Skyline Estates, LLC, as to Parcel III, Grantor, conveys and
warrants to Finley Heights, LLC, an Oregon limited liability company, Grantee, the following described real
property, free and clear of encumbrances except as specifically set forth below, situated in the County of Lane,
State of Oregon:
PARCELi:
That particular tract of land in the Northwest Quarter of Section 2, Township 18 South, Range 2 West of
the Willamette Meridian, as described in Warranty Deed Recorded in Reel 2038R, Reception No.
9508318, Lane County Oregon Deed Records, being more particularly described as follows:
Beginning at the Southeast corner of the T. Maynard Donation Land Claim Number 37, as marked by a
2-1/2 inches Lane County Brass Cap; thence following along the Southerly line of said Donation Land
Claim, South 89° 28' 51" East 430.58 feet to a found 5/8 inches iron rod; thence leaving said Southerly line
and following along the Easterly boundary of said tract and along the remains of a fence, North 01° 35'12"
East 791.67 feet to a found 5/8 inches iron rod with a yellow plastic cap marked "BRANCH ENG LS 2609"
set in County Survey File Number 32881; thence following along the Southerly line of the parcel described
in Reel 2037R, Reception No. 9507606, Lane County Oregon Deed Records, and Surveyed in said
Survey, in part, and, in part along the Southerly line of the Partition No. 93-PO437 and as recorded in
County Survey File Number 31684, North 89° 59' 23" West 518.37 feet to a found 5/8 inches iron rod with
a yellow plastic cap marked "ROBERTS PLS 1039" set in said Survey; thence following along the
Westerly line of said Partition, North 38° 50' 25" West 10.48 feet; thence leaving said Westerly line and
following along the Southerly boundaries of the parcel described in that Bargain and Sale Deed Recorded
July 3, 2000, in Reception Number 2000-037864, Lane County Oregon Deed Records, South 46° 17'01"
West 249.73 feet; thence North 56° 34' 16" West 33.80 feet; thence North 17° 18' 16" West 237.10 feet;
thence North 40" 26' 30" West 97.42 feet to a found 1/2 inches iron pipe at the Northeasterly corner of that
certain partition as filed in County Survey File Number 21965; thence leaving said Southerly boundary and
following along the boundary of said partition, South 56° 11' 05" West 214.14 feet to a found 5/8 Inches
iron rod set in said partition; thence North 86" 28' 40" West 89.17 feet to a found 1/2 inches iron pipe
referenced in said partition; thence North 57° 56'56" West 56. 68 feet to a found 1/2 inches iron pipe
referenced in said partition; thence North 12° 59' 50" West 93.98 feet to a found 1/2 inches iron pipe,
referenced in said partition, being on the Easterly right-of-way of South 71 st Street, said point being 20.00
feet from when measured at right angles to, the centerline of said South 71 st Street; thence leaving said
partition boundary and following along said right-of-way, along a curve to the right having a radius of
636.22 feet, an are distance of 47.56 feet (the chord of which bears South 23° 41' 52" West 47.55 feet) to
a point of tangency marked by a 5/8 inches iron rod with a yellow plastic cap marked "G.E.S. PLS 2280"
set in County Survey File Number 39576; thence South 25" 50' 22" West 166. 27 feet to a point of
curvature marked by a 5/8 inches iron rod with a yellow plastic marked "G.E.S. PLS2280" set in County
Deed (Statutory Warranty) Legal
ORD1368.doc/Updated: 04.26.19 Page 1 OR-FT-FEUG-01520.470003-60222103526
Exhibit B
Page 8 of 12
Attachment 2
Page 12 of 31
STATUTORY WARRANTY DEED
continued)
Survey File Number 39576; thence along a curve to the right having a radius of 101.85 feet, an arc
distance of 112.67 feet (the long chord of which bears South 57" 31' 54" West 107.02 feet) to a point of
tangency marked by a 518 inches iron rod with a yellow plastic cap marked "G.E. S. PLS 2280" set in
County Survey File Number 39576; thence leaving said right-of-way and following along the Westerly
Boundary of the aforementioned tract, said boundary being the Easterly line of the Parcel Surveyed in
County Survey File Number 17705, South 55° 47' 22" East 229.08 feet to a 5/8 inches iron rod with a
yellow plastic cap marked "CASWELL PLS 494", set in said Survey; thence leaving said Easterly line and
continuing along said Westerly boundary, South 00° 00' 36" West 564.32 feet to a 5/8 inches iron rod with
a yellow plastic cap marked "G.E. S. PLS 2280" set in County Survey File Number 34976, being on the
Southerly line of the aforementioned Donation Land Claim Line Number 37; thence leaving said Westerly
boundary and following along said Donation Land Claim South 89" 28'51" East 743.63 feet to the Point of
Beginning, all within said Section 2, Springfield, Lane County, Oregon.
EXCEPTING THEREFROM the Parcel conveyed by Frank Light and Dorothy Light, husband and wife, to
the City of Springfield, a Municipal Corporation, by that Warranty Deed Recorded October 11, 1972, in
Reel 607R, Reception Number 23148, Lane County Oregon Deed Records.
W3614111111[11
A tract of land lying in the Southeast Quarter of the Northwest Quarter of Section 2, Township 18 South,
Range 2 West of the Willamette Meridian, in the City of Springfield, Lane County, Oregon, more
particularly described as follows:
Beginning at a point on the Southeasterly line of a 40.0 foot roadway 3032.79 feet South and 459.44 feet
West of the Northeast corner of the Thomas J. Maynard Donation Land Claim No. 44 in Township 17
South, Range 2 West and No. 37 in Township 18 South, Range 2 West of the Willamette Meridian; and
running thence along said Southeasterly line of the road on a 97.43 feet radius curve right (the chord of
which curve bears South 61" 19' West 67.71 feet) a distance of 69.15 feet; thence South 81° 39' West
178.7 feet; thence on a 94.59 feet radius curve left (the chord of which curve bears South 47" 18' West
106.74 feet) a distance of 113.41 feet; thence South 77" 03' East 215.00 feet; thence South 51" 22' East
85.41 feet; thence South 40" 23' East 135.8 feet thence South 17" 10' East 237.10 feet; thence South 56"
26' East 33.80 feet; thence North 46" 16' East 249.47 feet; thence North 38° 46' West 523.92 feet to the
Place of Beginning, in Lane County, Oregon.
PARCEL III:
A tract of land lying in the Southeast Quarter of the Northwest Quarter of Section 2, Township 18 South,
Range 2 West of the Willamette Meridian, in the City of Springfield, Lane County, Oregon, more
particularly described as follows:
Beginning at a point on the Easterly line of South 71 st Street in Springfield, Lane County, Oregon, 3163.66
feet South and 774.10 feet West of the Northeast corner of the Thomas J. Maynard Donation Land Claim
No. 44 in Township 17 South, Range 2 West and No. 37 in Township 18 South, Range 2 West of the
Willamette Meridian; thence South 12" 57' West along the Easterly line of South 71st Street 31.2 feet;
thence on a 592.96 foot radius curve right (the chord of which bears South 17" 33' 30" West 95. 0 feet) a
distance of 95.11 feet; thence South 13" 15'45" East 94.20 feet; thence South 57° 27'20" East 56.37 feet;
thence South 86" 25' 20" East 121.81 feet; thence South 49° 10' 30" East 85.70 feet; thence South 63" 00'
East 72.43 feet; thence North 27" 00' East 20.00 feet to the True Point of Beginning of the parcel herein
conveyed; thence North 27° 00' East 70.00 feet; thence North 63° 00' West 70.00 feet; thence South 27"
00' West 70. 00 feet; thence South 63" 00' East 70. 00 feet to the True Point of Beginning.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS FIVE HUNDRED FORTY-NINE
THOUSAND AND NO/100 DOLLARS ($549,000.00). (See ORS 93.030).
Subject to:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195. 305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED 1N ORS 92.010 OR
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE 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, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND
17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Deed (Statutory warranty) Legal
ORD1368.doc! Updated: 04.26.19 Page 2 OR-FT-FEUG•01620.470003-60222103526
Exhibit B
Page 9 of 12
Attachment 2
Page 13 of 31
STATUTORY WARRANTY DEED
continued)
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
Dated: _ f' % ^ .2
Skyline Estates, LLC
Kevin 6urfee t
Managing Member
State of Oregon
County of Lane
J
This instrument was acged before me on +/ 1 by Kevin Durfee as Managing MemberI.
of Skyline Estates, LLQ'', hn Oregon Limited Liability Com y.
OFFICIAL STA6':P
Rotary Oregon SMY
WAPft7A ICAYCARTERNotaPublicfO
NOTARYPOSUC-OREGON
COMMISSION NO. 986118
My Commission Expires; COMMISSION EXPIRES APRIL 14, 2023
Oced (SWUWrY Warranty) Legal Pape 3 OR-FT-FEUG-01520.470003.802221D3528OR01368.doc 1 Updated: 04.26.19
Exhibit B
Page 10 of 12
Attachment 2
Page 14 of 31
EXHIBIT "A"
Exceptions
Subject to:
1. City Liens, if any, in favor of the City of Springfield. None found as of April 1, 2021.
2. Rights of the public to any portion of the Land lying within the limits of streets, roads and highways.
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: the City of Eugene, a municipal corporation
Purpose: as stated in said easement
Recording Date: September 21, 1909
Recording No: Book 83, Page 377
4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: the City of Springfield, a municipal corporation, acting by and through the Springfield
Utility Board
Purpose: as stated in said easement
Recording Date: October 11, 1972
Recording No: 23148
Parcel III
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: the City of Springfield
Purpose: as stated in said easement
Recording Date: February 13, 1998
Recording No: 9810068
Parcels I and II
Deed (Statutory Warranty) Legal
ORD1368.doc I Updated: 04.26.19 Paga 4 OR-FT-FEUG-01520.470003-60222103526
Exhibit B
Page 11 of 12
Attachment 2
Page 15 of 31
LEGAL DESCRIPTION
A portion of that property described as Parcel 1 in Warranty Deed recorded July 16, 2021 as Document
Number 2021-047305, Lane County Deeds & Racords, being more particularly described as follows:
Beginning at a point on the East line of the Thomas J. Maynard Donation Land Claim No. 37 in Township
18 South, Range 2 West, of the Willamette Meridian, being S1'57'06"W 1847 feet, and being also the
City Limits of the City of Springfield; thence South 1°57'06" West 787.99 feet along the City Limits line, to
the Southeast corner of DLC No. 37; thence leaving said city Limits line South 89° 37'30" East 430.58 feet
to the Southeast corner of said property; thence North 01°24'07" East, along the East line of said
property, 792.05 feet to the Northeast corner thereof; thence South 89° 48'09" West, along the north
line of said property, 423.12 feet to the point of beginning, in Lane County, Oregon.
Exhibit B
Page 12 of 12
Attachment 2
Page 16 of 31
ANNEXATION AGREEMENT – Page 1 of 7
FINLEY HEIGHTS ANNEXATION AGREEMENT
This Annexation Agreement (“Agreement”) is made between the City of Springfield, an
Oregon municipal corporation (“City”) and Finley Heights 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 ________, for
Assessor’s Map No. 18-02-02-00, Tax Lot 00500, which is not currently municipally
addressed and is more particularly described in Exhibit A.
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation.
D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield.
The Property is within the Urbanizable Fringe Overlay District (UF-10) according to the
Springfield Zoning Map, and the underlying zoning is Low Density Residential (LDR) and
is further subject to the hillside overlay district.
E. Annexation of the Property requires a showing under SDC 5.7.140(C) that the Property can
be provided with the minimum level of key urban facilities and services as defined in Policy
31 of the Springfield 2030 Refinement Plan – Urbanization Element, and such showing is
supported by the substantial evidence in the record of the proceeding on this annexation.
City staff has determined the minimum level of key urban services is currently available to
the Property.
F. The purpose of this Agreement is to memorialize APPLICANT’s and City’s commitment
and agreement to the allocation of financial responsibility for public facilities and services
for the Property and other users of the facilities, sufficient to meet the City’s requirements
for the provision of key urban services, including public sanitary sewer, stormwater
management systems, interconnected transportation systems, and Fire and Life Safety
services necessary for an affirmative City recommendation for the annexation request.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Attn: Current Development Division
Development & Public Works Department
225 Fifth Street
Springfield, OR 97477
Exhibit C
Page 1 of 7
Attachment 2
Page 17 of 31
ANNEXATION AGREEMENT – Page 2 of 7
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 South 71st Street that can be
extended to this location once the intervening undeveloped parcels are developed or
can be extended to this property via easement from adjacent property also owned by
the applicant.
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.
• An existing public storm sewer system is located in South 71st and South 72nd Street
that can be extended to this property once the intervening parcels are developed, or
via easement from the adjacent property also owned by the applicant. onsite
treatment and detention will be required per Springfield Development Code
requirements for stormwater management.
I. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
• A public road right-of-way is not yet extended to this property.
• South 71st and South 72nd Street can be extended to this property as the intervening
lots develop.
• The applicant will be required to provide primary and secondary access to any
subdivision of this property with public roadways to the adjacent lots when available
or extend them across the intervening lots for any subdivision or development of this
lot beyond a single dwelling and single ADU.
J. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City’s conditions for an
affirmative recommendation for annexation to the Common Council, and in exchange for
the obligations of the City set forth below, APPLICANT shall comply with all requirements
imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
Exhibit C
Page 2 of 7
Attachment 2
Page 18 of 31
ANNEXATION AGREEMENT – Page 3 of 7
1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to
perform the obligations set forth in this section upon subdivision or development of more than
one primary dwelling and a single ADU.
1.1.1. APPLICANT shall provide adequate roads for primary and secondary emergency
access to the existing public roads and construct to city standards using the City of
Springfield Public Improvement Process with primary and secondary access that
meet the adjacent public roads stubs when they become available.
1.1.2. APPLICANT shall provide adequate water service to the development that meets all
requirements of the adopted fire building code and SUB waters requirement for
service at this location and elevation.
1.1.3. APPLICANT shall construct a stormwater management system using the City of
Springfield public improvement permit process that will collect, treat and detain the
runoff from the proposed development per the requirements in the Springfield
Development Code at the time of development application. This system will connect
to the existing public system in South 71st St or to any future connection that may
exist as surrounding property develops that has adequate capacity as determined by
city staff or a capacity study.
1.1.4. APPLICANT shall design and construct a sanitary sewer system that will collect and
direct all sewer flow to the existing public system in south 71st and/or south 72nd that
meets all requirements in chapter 2 of the EDSPM and the Springfield Development
Code for the hillside overlay district. If the adjacent property has extended sewer
service from the above locations at the time of development those future connections
can be used to meet this requirement.
1.2. APPLICANT shall provide and be financially responsible for the provision of any
additional urban facilities and services identified during the review and approval of any
Partition or Subdivision as necessary to serve the further development of the Property,
including the construction and maintenance thereof.
1.3. In determining APPLICANT’s share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of construction
shall be used. For the purposes of this Agreement, the full cost shall include design,
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.
Exhibit C
Page 3 of 7
Attachment 2
Page 19 of 31
ANNEXATION AGREEMENT – Page 4 of 7
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 building permit approval, partition or subdivision, as applicable, for the
proposed development.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described
herein as benefiting the Property, under any Improvement Act or proceeding of the State of
Oregon, Lane County, or the City and to waive all rights to remonstrate against these
improvements. APPLICANT does not waive the right to protest the amount or manner of
spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or
operate unfairly upon the Property. APPLICANT waives any right to file a written
remonstrance against these improvements. APPLICANT does not waive its right to comment
upon any proposed Local Improvement District (LID) or any related matters orally or in writing.
7. Modification of 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. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan –
Urbanization Element and as required herein are not provided in a timely manner to the
Property.
8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to the
use and development of this Property. Nothing herein shall be construed as City providing or
agreeing to provide approval of any building, land use, or other development application or
Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT.
APPLICANT is responsible for obtaining, at APPLICANT’s expense, all State and/or Federal
permits and any other approvals as may be required.
9. Dolan. APPLICANT knows and understands any rights it may have under the law as
interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the
legal effect of Dolan and by entering into this Agreement hereby waives any requirement that
the City demonstrate the public improvements and other obligations of APPLICANT, for
payments, financial responsibility and reimbursements set forth in Section 1, required herein,
are roughly proportional to the burden and demands placed upon the urban facilities and
services by the development and to the impacts of the development of the Property.
APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of
Tigard and cases interpreting the legal effect of Dolan arising out of the actions described
herein.
Exhibit C
Page 4 of 7
Attachment 2
Page 20 of 31
ANNEXATION AGREEMENT – Page 5 of 7
10. Ballot Measures 37/49/ORS 195.300 et seq. APPLICANT knows and understands any rights it
may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., “Just Compensation
for Land Use Regulation.” APPLICANT for itself and its heirs, executors, assigns,
administrators and successors hereby waives any claim or cause of action it may have under
such ORS provisions against the City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such
enforceability or invalidity shall not affect the enforceability or validity of any other provision
of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the
rights and liabilities of the parties hereto shall be determined in accordance with the laws of the
State of Oregon.
Exhibit C
Page 5 of 7
Attachment 2
Page 21 of 31
ANNEXATION AGREEMENT – Page 6 of 7
DATED this _____ day of __________, 20__.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
By: Date
Its:
STATE OF OREGON
COUNTY OF LANE
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY
AS OF
(APPLICANT)
NOTARY PUBLIC FOR OREGON
} ss
Exhibit C
Page 6 of 7
Attachment 2
Page 22 of 31
ANNEXATION AGREEMENT – Page 7 of 7
CITY OF SPRINGFIELD
By: ______________________________
Nancy Newton, City Manager
STATE OF OREGON
COUNTY OF LANE
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY
AS OF
(CITY)
NOTARY PUBLIC FOR OREGON
} ss
Exhibit C
Page 7 of 7
Attachment 2
Page 23 of 31
Page 1 of 8
TYPE 4 – ANNEXATION
STAFF REPORT AND FINDINGS OF FACT
File Name: Finley Heights
Annexation
Applicant: Finley Heights,
LLC
Case Number: 811-24-
000004-TYP4
Proposal Location: Near
S. 71st Street. Assessor’s
Map 18-02-02-00, TL 500
(eastern portion of parcel –
outlined red on map).
Current Zoning &
Comprehensive Plan
Designation:
R-1, Residential District,
Designated LDR - Low
Density Residential with the
Urbanizable Fringe Overlay
(UF-10), and the Hillside
Development Overlay
Applicable
Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan
Application Submittal Date: January 4, 2024
Associated Applications:
811-22-000226-PRE (Development Issues Meeting); 811-23-000224-TYP2 (Declaratory Ruling)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE:
POSITION REVIEW OF NAME PHONE
Project Manager Planning Tom Sievers 541.726.2333
Transportation Planning Engineer Transportation Michael Liebler 541.736.1034
Public Works Civil Engineer Streets and Utilities Clayton McEachern 541.726.1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541.726.2293
Building Official Building Chris Carpenter 541.744.4153
SITE
Annexation Area
S. 71st Street
TL 500
Overall Finley Heights
Project Area
Exhibit D
Page 1 of 8
Attachment 2
Page 24 of 31
Page 2 of 8
Review Process (Springfield Development Code (SDC) 5.7.115): The subject annexation request is being
reviewed under Type 4 procedures, without Planning Commission consideration.
Development Issues Meeting (SDC 5.7.120): A Development Issues Meeting (DIM) is required of all public
agency and private landowner-initiated annexation applications, unless waived by the Director.
Finding 1: A Development Issues Meeting for the subject annexation request was held on November 8, 2022 (Case
811-22-000226-PRE).
Conclusion: The requirement in SDC 5.7.120 is met. Annexation Initiation and Application Submittal (SDC
5.7.125): In accordance with SDC 5.7.125(B)(2)(b)(i) and ORS 222.170(1), an annexation application may be
initiated by “more than half the owners of land in the territory, who also own more than half the land in the contiguous
territory and of real property therein representing more than half the assessed value of all real property in the
contiguous territory consent in writing to the annexation of their land.”
Finding 2: The property owner who owns all 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).
Finding 3: In addition to the petition, the submitted application includes the required documents listed under SDC
5.7.125(B). This includes a Verification of Property Owners signed by the Lane County Department of Assessment
and Taxation, the Ownership Worksheet, and a Waiver Form in accordance with ORS 222.173 (all within
Attachment 2, Exhibit B).
Conclusion: The application requirements in SDC 5.7.125 have been met.
Site Information: The subject property is vacant and located interior to the overall Finely Heights site (18-02-02-
00 TL 00500) on S. 71st Street with a portion of the parcel already inside the city limits. The annexation area
(eastern portion of TL 500) is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the
Springfield city limits as it runs through the parcel.
Zoning for the property is Residential (R-1) district with an Urbanizable Fringe Overlay (UF-10) and Hillside
Development Overlay applied according to the City’s Zoning Map. Based on the applicants’ submittal, the primary
purpose of the annexation request is to facilitate a future subdivision and residential development. A public sanitary
sewer line is available at the northern property line of the overall Finley Heights site, as shown in the image below,
and would be extended as needed to serve future development. An Annexation Agreement has been signed by the
applicant and is ready to be executed by the City. The Annexation Agreement outlines the applicants’
responsibilities and financial obligations for provision of public streets, utilities, and services to the property.
Existing public services are limited because the annexation area is undeveloped with intervening parcels of the
overall Finley Heights site already within the city limits, including half of the subject parcel. Existing services are
provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), and
roads (City of Springfield). The Regional Land Inventory Database lists the fire service provider as
Eugene/Springfield Fire. The applicant has water service provisions available through SUB that will serve the
overall site upon annexation. SUB also operates the existing electric service on S. 71st Street and will continue to
once the property is annexed. Upon annexation, the City of Springfield will be responsible for all urban services,
including sewer, water (retained through SUB), electricity (retained through SUB), and fire response (through
Eugene/Springfield Fire) to the subject area.
The approximately 314,400 square foot proposed annexation area consists of the eastern 7-acre portion of TL 500.
Exhibit D
Page 2 of 8
Attachment 2
Page 25 of 31
Page 3 of 8
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 March 13, 2024, which was at least 14 days prior
to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300
feet of the perimeter of the proposed annexation territory; affected service providers (Eugene/Springfield Fire); and
all other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); and the Lane County
Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. The list of
recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained
as part of the public record for Planning Case 811-24-000004-TYP4.
Newspaper Notice. Notice of the April 1 , 202 4 , public hearing was published in The Chronicle on March
14th and March 21st for two consecutive weeks prior to the hearing.
Posted Notice. A total of six (6 ) notices were posted for the April 1st public hearing. Two (2) digital notices
were posted on both the City of Springfield website and the Department of Public Works’ Digital Display in City
Hall on March 15th. One (1) notice was posted on the physical display board in the City Hall lobby on March
15th and three (3) notices were posted at the subject property along the S. 71st Street frontage on March 15th.
Finding 5: Staff did not receive written comments from the public at the time that this report was written.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7.130.
SITE
Exhibit D
Page 3 of 8
Attachment 2
Page 26 of 31
Page 4 of 8
Recommendation to City Council (SDC 5.7.135): The Director shall forward a written recommendation on the
annexation application to the City Council based on the approval criteria specified in Section 5.7.140, which are
provided as follows with the SDC requirements, findings, and conclusions. The Director’s recommendation follows
SDC 5.7.140, Criteria.
Criteria (SDC 5.7.140): The application may be approved only if the City Council finds that the proposal conforms
to the following criteria:
A. The affected territory proposed to be annexed is within the City’s urban growth boundary; and is
1. Contiguous to the city limits; or
2. Separated from the City only by a public right of way or a stream, lake, or other body of
water.
Finding 6: The eastern portion of the parcel that comprises the annexation territory is located within the City of
Springfield’s acknowledged Urban Growth Boundary (UGB), the western portion of the parcel is within the
Springfield city limits. The area requested for annexation contains the Springfield city limits as it divides the subject
parcel. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS
222.111(1).
Conclusion: The proposal meets and complies with Criterion A(1), 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 7: The annexation area is located within the acknowledged Springfield UGB and as more specifically
delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be
within the City of Springfield.
Finding 8: The Springfield 2030 Comprehensive Plan amends the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive
Plan includes the following elements: Economic, Residential Land Use & Housing, Recreation, Transportation, and
Urbanization. In December 2016, Springfield adopted the Urbanization Element in compliance with Statewide
Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan’s long-standing
urbanization policy criteria for approving annexations.
Finding 9: The territory requested for annexation is within an area that is zoned R-1 Residential District and is
designated for Low Density Residential (LDR) in the Comprehensive Plan . The adopted elements of the
Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization
Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for
the property, although the Urbanizable Fringe (UF-10) overlay will be removed upon annexation.
Finding 10: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and
29 of the Springfield 2030 Comprehensive Plan – Urbanization Element, which will result in the elimination of
special districts within the urbanizable area. The subject site does not contain any special districts.
Finding 11: The territory requested for annexation is currently undeveloped. Upon annexation, SUB will be the
service provider of water and electric service. After the public hearing and upon Council adoption of the annexation
Ordinance, the annexation area will remain in the combined fire and life safety departments of the Cities of
Eugene & Springfield for fire protection and emergency medical service directly to the annexation area.
Finding 12: 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. The site is undeveloped but has SUB
Exhibit D
Page 4 of 8
Attachment 2
Page 27 of 31
Page 5 of 8
water system facilities in the area available for service upon annexation.
Finding 13: 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. If this annexation request is approved and the Annexation Agreement is executed, the subject
property will be provided with new urban services such as public sanitary sewer.
Finding 14: In accordance with Policy 35 of the Springfield 2030 Comprehensive Plan – Urbanization Element, the
City shall not extend water or wastewater service outside city limits to serve a residence or business without first
obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard abatement annexation
is required. The property owner applied for annexation to the City (Attachment 2, Exhibit B), and an Annexation
Agreement is already signed by the applicant and is ready to be executed by the City (Attachment 2, Exhibit C).
Due to the property being undeveloped, it will not be provided services until development is approved through a
subdivision application, which cannot be approved until annexed.
Conclusion: The proposal meets and complies with Criterion B, SDC 5.7.140.
C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities
and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and
Finding 15: In accordance with Policy 29 of t he Springfield 2030 Comprehensive Plan – Urbanization Element,
annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance
with the Springfield Comprehensive Plan and Springfield Development Code.
Finding 16: In accordance with Policy 31 of the Springfield 2030 Comprehensive Plan – Urbanization Element, key
urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste
management; water service; fire and emergency medical services; police protection; citywide park and recreation
programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis.
Finding 17: 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 18: The Eugene/Springfield Public Facilities and Services Plan (PFSP) is the adopted and
acknowledged public facility plan for areas within the UGB. The PFSP satisfies the City’s obligations for a
public facility plan under Goal 11. The PFSP finds that almost all areas within the city limits of Springfield is
served or can be served in the short term (0‐5 year s) with water, wastewater, stormwater, and electric service.
Exceptions to this are stormwater service to portions of southeast Springfield. Service to these areas will be
available in the long‐term. Service to all areas within city limits are either in a capital improvement plan or can
be extended with development. With the improvements specified in the PFSP project lists, all urbanizable areas
within the Springfield urban growth boundary can be served with water, wastewater, stormwater, and electric
service at the time those areas are developed.
Finding 19: The territory requested for annexation is contiguous with the city limits as the parcel itself contains the
dividing line of city limits and UGB, meaning half of the parcel is inside the city limits and the remainder is in the
UGB, outside the city limits. Urban utilities including sanitary sewer, electricity, and water service, have been
extended within the S. 71st Street ROW and are available to serve the subject property, adjacent properties, and areas
beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place
or can be logically extended from points in the vicinity to serve the subject property and future development as
affirmed by Finding 18 above. In addition to urban utilities, the following facilities and services are either available
or can be extended to this annexation area:
Exhibit D
Page 5 of 8
Attachment 2
Page 28 of 31
Page 6 of 8
Water – As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon
annexation, the applicant will extend public water lines necessary to serve the subject property and future
development of the overall site. SUB states that there are water system facilities available in the area to provide
water service to the future development (SUB Water Representative: Keoki Lapina, KeokiL@subutil.com).
Electricity – SUB provides electric service to the neighborhoods in Springfield within incorporated areas of
Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical
system infrastructure within the S. 71 st Street public ROW will provide service to the subject property and continue
to be maintained by SUB. The existing infrastructure will be designed and upgraded as needed to serve the future
development.
Police Services – Springfield Police Department currently provides service to areas of Springfield that are already
inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s
Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other
properties inside the City.
Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene/Springfield
Fire Department should the service be needed on the undeveloped property. Upon annexation, the
Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. The
Fire Marshal’s Office provided a comment indicating that Eugene/Springfield Fire will need to have an infrastructure
plan for water supply and physical access prior to supporting annexation. Infrastructure plans are not developed at
the time of annexation, rather these plans are developed at the time of development. As stated above the portion of
the subject property proposed for annexation is already provided fire protection through Eugene/Springfield Fire and
therefore will continue to be served by Eugene/Springfield Fire after annexation. There is no change in the service
area for the property based on this annexation. Based on these findings, the necessary infrastructure to serve the
annexation area will be required at the time of future development of the property. Based on findings above it is
found that the minimum level of fire protection as one of the key urban services is currently provided.
Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire
Department. The annexation area will receive this service consistent with the adopted ambulance service area
(ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup
coverage for each other’s jurisdictions.
Parks and Recreation – Park and recreation services are provided by the Willamalane Park & Recreation District.
The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively
Park Swim Center, Bob Keefer Center for Sports and Recreation, and Willamalane Adult Activity Center. The park
district offers various after-school and other programs for children at schools and parks throughout the community.
Also available are pathways and several categories of parks, including community parks, sports parks, special use
parks, and natural area parks.
The subject property is currently within the service district of Willamalane and will remain that way upon annexation
consistent with City policy, an intergovernmental agreement between the City of Springfield and Lane County, and
the adopted Willamalane Comprehensive Plan.
Library Services – Upon annexation to the City of Springfield, any future residents of the subject area will be served
by the Springfield Public Library.
Schools – The Springfield School District serves this area of Springfield . The Springfield School District has
capacity to continue serving the annexation area and any future residents.
Sanitary Sewer – An existing public sanitary sewer system is located in S. 71st Street along the frontage of the
subject property. Through preliminary meetings with the applicant and city representatives discussing potential
future development of the subject property together with the intervening adjacent properties, it is feasible that the
Exhibit D
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Attachment 2
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sanitary sewer can be extended to the subject property with future development. Future subdivision in conjunction
with the other jointly-owned properties will require sewer service.
Stormwater – An existing public storm sewer system is located in S. 71 st and S. 72nd Street that can be extended
to this property once the intervening parcels under the same ownership are developed, or the applicant obtains
legal access to extend the storm drain across those parcels. This parcel is in the hillside development overlay
district and infiltration for onsite stormwater management is generally not allowed in this district due to landslide
danger, so that management technique will not be available. Onsite tr eatment and detention will be required per
Springfield Development Code requirements for stormwater management.
Streets – A public road right-of-way is not yet extended to this property. Based on preliminary development plans
discussed with the applicant, which also owns the adjacent intervening properties, it is feasible that S. 71st and S.
72nd Street can be extended to this property as the properties develop. The applicant will be required to provide
access to any development of this property with public roadways to the adjacent parcels when available or extend
them across the intervening parcels for any development of this parcel in accordance with the applicable development
standards at the time of development application.
Solid Waste Management – The City and Sanipac have an exclusive franchise arrangement for garbage service inside
the City limits. Upon annexation, solid waste disposal service would be provided by Sanipac.
Communication Facilities – Various providers, such as CenturyLink, offer both wired and wireless communication
services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the
capability to provide service to this area.
Land Use Controls – The annexation area is within Springfield’s urban growth boundary (UGB). Through an
intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and
building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls
after annexation.
Finding 20: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and
the Springfield 2030 Comprehensive Plan – Urbanization Element are immediately available and have the capacity
to serve the site.
Conclusion: Based on the findings above, the proposed annexation, if approved, will result in a boundary in
which the minimum level of key urban facilities and services can be provided in an orderly efficient and timely
manner because of their availability and capacity levels meet the City’s requirements. The proposal complies with
Criterion C, SDC 5.7.140.
D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Council.
Finding 21: The area proposed for annexation is a vacant residential parcel. Because of the applicant’s intent to
pursue further development of the property and the 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 applicant
generally is responsible for all costs associated with constructed new utility and public infrastructure to serve the
future development. Other fiscal impacts to the City – such as marginal cost of providing ongoing public services
such as police and fire response – are minimal and do not require mitigation. The property owner has already signed
an Annexation Agreement and this agreement is ready to be executed by the City (Attachment 2, Exhibit C).
Conclusion: The proposal meets and complies with Criterion D, Subsection 5.7.140.
Withdrawal from Special Service Districts (SDC 5.7.160): Withdrawal from special districts may occur
Exhibit D
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Attachment 2
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concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the
City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory
from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council
shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided
in the same manner as the annexation notice in Section 5.7.150.
Finding 22: There are no special service districts applicable to the subject site. The
annexation area is within the delineated service territory of SUB. The Cities of Eugene/Springfield will directly
provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield
Utility Board will provide water service after annexation. SUB will also retain electric service upon annexation.
Consistent with SDC 5.7.130, posted notice in City Hall and the City of Springfield webpage was provided for the
public hearing on April 1, 2024, and mailed notice on March 13, 2024. Annexation of the territory to the City of
Springfield is in the best interest of the City. The withdrawal from the special service districts is necessary to
implement Policies 31 and 32 of the Springfield 2030 Comprehensive Plan – Urbanization Element whereby
annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory.
DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed
in SDC 5.7.140, and Council is within its authority to approve annexation of the subject territory to the City
of Springfield and withdrawal of the subject territory from applicable special districts.
Exhibit D
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Attachment 2
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Attachment 3, Slide 1 of 5
LOCATION OF PROPOSED ANNEXATION
Attachment 3, Slide 2 of 5
Attachment 3, Slide 3 of 5
Attachment 3, Slide 4 of 5
SUMMARY OF APPROVAL CRITERIA
•Criterion A – Within UGB and Contiguous to City Limits
•Criterion B – Consistent with Policies of the Metro Plan
•Criterion C – Within Boundary for Minimum Level of Key
Urban Facilities
•Criterion D – Annexation Agreement for Fiscal Impacts
•Staff Recommendation - APPROVAL
Attachment 3, Slide 5 of 5