HomeMy WebLinkAboutItem 03- Hanson AnnexationAGENDA ITEM SUMMARY Meeting Date: 6/3/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW
Staff Phone No: 541/726-3784
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Encourage Economic Development
and Revitalization through
Community Partnerships
ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD – ANNEX
APPROXIMATELY 2.44 ACRES OF INDUSTRIAL PROPERTY IN GLENWOOD LOCATED
AT 3331 FRANKLIN BOULEVARD (MAP 17-03-34-33, TAX LOT 100).
ACTION
REQUESTED:
Conduct a public hearing and first reading of the following ordinance:
An Ordinance Annexing Certain Territory (Property Addressed As 3331 Franklin Boulevard and
Identified as Assessor’s Map 17-03-34-33, Tax Lot 100) to the City Of Springfield And
Willamalane Park & Recreation District; Withdrawing the Same Territory from the Glenwood
Water District; Adopting A Severability Clause; And Providing An Effective Date (First Reading).
ISSUE
STATEMENT:
The City Council is requested to consider an ordinance to annex approximately 2.44 acres of real
property on the south side of Franklin Boulevard in Glenwood. The proposed annexation is
intended to facilitate connection of existing warehouse buildings to sanitary sewer and future
development or redevelopment of the property.
ATTACHMENTS: 1: Location Maps
2: Ordinance with Exhibits
Exhibit A: Legal Description and Map
Exhibit B: Annexation Application
Exhibit C: Annexation Agreement
Exhibit D: Staff Report and Recommendations
3: Staff PowerPoint Slides for Hanson Annexation
DISCUSSION/
FINANCIAL
IMPACT:
The applicant initiated the annexation request by submittal of a complete application on March 13,
2024. In accordance with SDC 5.7.155 and ORS 222.040, 222.180 and 222.465, if approved the
annexation will become effective 30 days following Ordinance adoption and signature by the
Mayor, or upon acknowledgement by the State, whichever date is later.
The territory requested for annexation is developed with a paved parking lot and warehouse
buildings and was formerly used as an auto parts store and warehouses for different uses. The
subject property is located inside the City’s Urban Growth Boundary (UGB), and it abuts the City
limits line along the southern, western, and northern boundaries. Concurrently with annexation
the property will be rezoned to remove the Urbanizable Fringe Overlay (UF-10) such that land
development limitations imposed by the UF-10 overlay will no longer apply upon annexation.
As outlined in the attached staff report (Attachment 2, Exhibit D) and detailed in the Annexation
Agreement (Attachment 2, Exhibit C), the annexation area can be served with the minimum level
of key urban facilities and services as required in the Springfield Comprehensive Plan –
Urbanization Element. The attached staff report provides details about the requirement to provide
future Franklin Boulevard frontage improvements to meet the criteria of approval for annexations
as established in SDC 5.7.140.
Recommendation: The subject property meets the standards and provisions of the Springfield
Development Code and applicable state statutes for annexation; Council is requested to conduct
the first reading and public hearing of the ordinance annexing the property to the City and
Willamalane Park & Recreation District and withdrawing the same territory from the Glenwood
Water District.
LOCATION OF PROPERTY SUBJECT TO ANNEXATION AND ZONE CHANGE
SITE
Attachment 1
Page 1 of 2
811-24-000076-TYP4 – PROPOSED ANNEXATION OF 2.44-ACRE PARCEL
3331 FRANKLIN BOULEVARD (MAP 17-03-34-33, TAX LOT 100)
SITE CONTEXT MAP
SITE Glenwood Boulevard City Limits Attachment 1
Page 2 of 2
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY (PROPERTY ADDRESSED AS 3331 FRANKLIN
BOULEVARD AND IDENTIFIED AS ASSESSOR’S MAP 17-03-34-33, TAX LOT 100) TO THE CITY OF
SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME
TERRITORY FROM THE GLENWOOD WATER DISTRICT; ADOPTING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7.100 and
Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City;
WHEREAS, a request to annex certain territory was submitted on March 13, 2024, said territory being
Assessor’s Map Township 17 South, Range 03 West, Section 34, Map 33, Tax Lot 100 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 said territory
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 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 development and redevelopment;
WHEREAS, all required urban services 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 Glenwood Office Mixed Use 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 Glenwood Water District as the City of Springfield by and through the Springfield
Utility Board and Eugene-Springfield Fire Department will provide potable water and 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 June 3, 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,
Attachment 2
Page 1 of 39
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS
FOLLOWS:
Section 1. The Common Council of the City of Springfield does hereby approve annexation of
the following described territory to the City of Springfield and Willamalane Park and Recreation District,
said territory being generally depicted and more particularly described in Exhibit A to this Ordinance.
Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of
the following described territory from the Glenwood Water District, said territory being generally depicted
and more particularly described in Exhibit A to this Ordinance.
Section 3. The City Manager or the Development & Public Works Director or their designee
shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7.155.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portion hereof.
Section 5. Effective Date of Ordinance. This Ordinance shall become effective 30 days after
signature by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS
222.180, whichever is later.
ADOPTED by the Common Council of the City of Springfield, this day of , 2024,
by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this day of , 2024.
ATTEST:
Mayor
City Recorder
Attachment 2
Page 2 of 39
Vorthstar
S U R V E Y I N G
DAVID ANDREW HALLOCK - REGISTERED SURVEYOR
720 NW 4th Street, Corvallis, Oregon 97330 Phone 541-757-9050
Property Legal Description
For
Brooks Limited Family Partnership
A portion of that tract of land conveyed to Brooks Limited Family Partnership per Deed
Instrument 1996-83168 Lane County Deed Records, lying in the Southwest Quarter of Section
34, Township 17 South, Range 3 West, Willamette Meridian, Lane County, Oregon, more
particularly described as follows:
Beginning at a 3/4 inch pipe at the Southwest corner of said Brooks Limited Family Partnership
Tract; Thence along the West line of said tract N 00000'00" E 523.80 feet to a 5/8 inch rod on the
South Right of Way line of Franklin Blvd., Said south Right of Way line is 44.50 feet from the
centerline; Thence along said South Right of Way line N 74°01'22" E 1.82 feet to the point of
spiral curve at Station 109+34.21 as shown in County Survey No. 41493; Thence continuing
along said Right of Way along a portion of a 250 food spiral curve with the chord bearing
N 74033'07" E 192.10 feet to a point; Thence leaving said Right of Way S 00004'08" W 539.95
feet to a point on the South line of said tract; Thence along the South line of said tract
S 69001'05" W 21.43 feet to a 3/4 inch pipe; Thence S 79014'37" W 136.04 feet to a 1/2 inch
pipe; Thence S 84029'15" W 36.38 feet to the point of beginning.
Containing more or less 2.34 Acres
The basis of bearings for this description is between the 3/ 4 inch pipe and 5/8 inch iron rod on
the West line of this tract with a bearing of N 00000'00" E As shown on County Survey
No. 37157.
REGISTERED
PROFESSIONAL
AJND SURVEYOR
OREGON
JANUARY 10,2023
DAVID ANDREW HALLOCK
099849
EXPIRES 6/30/2025
Exhibit A
Page 1 of 2
Attachment 2
Page 3 of 39
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S84°05'40"W14.47'1099+30.82 POT=1098+26.40 BCT=2 1/2FRANKLIN BL
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N73°59'24"E 115'S16°03'11
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SEE MAP17033344
SEE MAP17033432
SEE MAP17033434
SEE MAP17033341
SEE MAP17033441 SEE MAP17033431
FOR ASSESSMENT ANDTAXATION ONLY S.W.1/4 S.W.1/4 SEC. 34 T.17S. R.3W. W.M.Lane County1" = 100'
CANCELLED600
17033433SPRINGFIELD
SPRINGFIELD17033433
LCATJXG - 2016-06-22 09:31
REVISIONS10/21/2011 - LCAT174 - CONVERT MAP TO GIS12/03/2013 - LCAT142 - ADD NE COR DLC 68 TEXT12/10/2013 - LCAT174 - PTN OF TL 700 OUT TO FRANKLIN BLVD06/22/2016 - LCAT155 - PTN TL 500 OUT TO FRANKLIN BLVDN 00°00'00" E 523.80'POINT OF BEGINNINGN 74°01'22" E
1.82'
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192.10'S 00°04'08" W 539.95'S 69°01'05" W21.43'
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S 79°14'37" W
S 84°29'15" W
36.38'
+PARCEL 2DEED NO. 1996-83168ANNEX AREA+/- 2.34 AC<109+34.21
PS>
CHORD BEARING & DIST.
Exhibit A
Page 2 of 2
Attachment 2
Page 4 of 39
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
a SPRINGFIELD
ILrA}r0
Annexation Application Type
ADnlication Tvoe fAnnlicant.- Check nnp)
Annexation Application Completeness Check:
Annexation Api2lication Submittal:
Required • • • • • • • rSection)
Property Nles Hanson Phone: 5419544678
Address: t33'31 Franklin Boulevard, Eugene OR 97403 E-mail: nhanson@nwstampnig.com
Owner Signature:
Owner Signature: Ni(cs - l-a SVH (o e..T'. 2r av sc 1n v•• v-
Agent Name: Evan Arkin Phone: 4582106328
Company: Hanson Properties II, LLC Fax:
Address: 4884 Franklin Blvd., Eugene, OR 97403 E-mail
earkin@rosenvisor.com
Agent _
Signature:
If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except
where signatures of the owner of record are required, only the owner may sign the petition.
ASSESSOR'S MAP 17-03-34-33 100NO: TAX LOT NOS
Propert Address: 3331 Franklin Blvd., Eugene, OR 97403
Area of Requests Acres: 2.44 Square Feet:
Existing Use: Office Mixed -Use (Glenwood)
Proposed Use: Office Mixed -Use (Glenwood)
Required ' • • • •(CityIntake Complete
ll11l t Case No.:
ia V v
Date: 3 3'a
Reviewed
By:
t Fes'
initials
Project No.: ?I a3_()0D&1 -7- r90 Placard:
Application
Fee: I postage Feer Total Fee.
Pr 1A I /,-a a t _
Revised 04/17/2023 sim Page 8 of 16
Exhibit B
Page 1 of 21
Attachment 2
Page 5 of 39
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
Owner:
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.
V W 1
Signature
Print
Submittal
Owner:
Date:
12) z9 [2- 3
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.
U- ( _ Date:
Signature
Ni'6 nS®n
Print
1 z3
Revised 04/17/2023 slm Page 9 of 16
Exhibit B
Page 2 of 21
Attachment 2
Page 6 of 39
Subject: Annexation Application for 3331 Franklin Blvd., Eugene, OR 97403
Dear City of Springfield Planning Department,
I am writing to submit an application for the annexation of the commercial property
located at 3331 Franklin Blvd. into the City of Springfield. This property has recently
come under my ownership, and I am committed to ensuring that the existing use of the
property for storage will be maintained throughout the annexation process and into the
foreseeable future.
In accordance with the specified approval criteria, I would like to address each point
individually:
A. Contiguity within Urban Growth Boundary: The affected territory proposed for
annexation lies within the City's portions of the urban growth boundary and is
contiguous to the existing city limits. This aligns with the city's goals for orderly and
sustainable expansion.
B. Consistency with Metro Plan and Applicable Policies:The annexation is in full
accordance with the Metro Plan and all applicable policies, as well as any refinement
plan or Plan Districts that govern the area. The proposed land use for storage is
consistent with the existing zoning and land use designations outlined in the city's
planning documents.
C. Provision of Urban Facilities and Services: The annexation will result in a boundary
where a minimum level of key urban facilities and services can be provided in an orderly,
efficient, and timely manner. The property is well -served by existing infrastructure, and
the maintenance of its current storage use will not impose an undue burden on city
services.
D. Mitigation of Fiscal Impacts through Annexation. Agreement: To ensure
responsible fiscal management, I am committed to mitigating any potential fiscal
impacts on the City through a signed Annexation Agreement. This agreement will
outline the terms and conditions under which the annexation will occur, addressing any
concerns related to public services, infrastructure upgrades, or other fiscal
considerations.
In conclusion, this annexation request is presented with due consideration to the City's
urban planning goals and policies. I am dedicated to preserving the existing use of the
Exhibit B
Page 3 of 21
Attachment 2
Page 7 of 39
property for storage, contributing positively to the community, and adhering to all
applicable regulations and agreements.
Thank you for considering this application. I look forward to the opportunity to discuss it
further during the review process.
Sincerely,
Niles Hanson
Exhibit B
Page 4 of 21
Attachment 2
Page 8 of 39
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Exhibit B
Page 5 of 21
Attachment 2
Page 9 of 39
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
Assessed
Acres Value
Imp. Signed
Y / N Yes
Signed
No
6
ACREAGE SIGNED FOR I tit
PERCENTAGE OF ACREAGE SIGNED FOR Vo
TOTAL VALUE IN THE PROPOSAL
VALUE CONSENTED FOR
iii '7 A/,Ij.2 Z
AOOWO
PERCENTAGE OF VALUE CONSENTED FOR z/o
TOTALS:-
TOTAL NUMBER OF OWNERS IN THE PROPOSAL
1
O0610
NUMBER OF OWNERS WHO SIGNED
PERCENTAGE OF OWNERS WHO SIGNED
TOTAL ACREAGE IN PROPOSAL 6
ACREAGE SIGNED FOR I tit
PERCENTAGE OF ACREAGE SIGNED FOR Vo
TOTAL VALUE IN THE PROPOSAL
VALUE CONSENTED FOR
iii '7 A/,Ij.2 Z
AOOWO
PERCENTAGE OF VALUE CONSENTED FOR z/o
Revised 04/17/2023 slm 13 of 16
Exhibit B
Page 6 of 21
Attachment 2
Page 10 of 39
FORM 3
SUPPLEMENTAL INFORMATION FORM
Complete aH 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: _ 4 n
E-mail: e"r CQ Sen,St7c
Supply the following information regarding the annexation area.
Estimated Population (at present): 6
Number of Existing Residential Units:
Other Uses:
Land Area: _ total acres
Existing Plan Designation(s): Q_ N,'x
Existing Zoning(s): ; ktnw-" t)9 al; L)sc _
Existing Land Use(s): Q; .,. ;I ,--- Scales d^X Wel re11to0
Applicable Comprehensive Plan(s): 2 4-em ZC'3a
Applicable Refinement Plan(s): fuu Re_Ay. 1.14 Pan (Zo")
Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refinement plans, g2) 'l uA
Are there development plans associated with this proposed annexation?
Yes EI No
If yes, describe.
Is the proposed use or development allowed on the property under the current
plan designation and zoning?
Yes No 17
Please describe where the proposed annexation is contiguous to the city limits
non-contiguous annexations cannot be approved under 5.7-140, Criteria).
AS
Revised 04/17/2023 slur Page 14 of 16
Exhibit B
Page 7 of 21
Attachment 2
Page 11 of 39
Does this application include all contiguous property under the same ownership?
Yes No 17-1
If no, state the reasons why all property is not included:
Check the special districts and others that provide service to the annexation area.
Glenwood Water District
Eugene School District
Springfield School District
Pleasant Hill RFPD
EPUD
Rainbow Water and Fire District
Pleasant Hill School District
McKenzie Fire & Rescue
Willakenzie RFPD
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.
Name) (Name)
Address) (Address)
City) (Zip) (City) (Zip)
Name)
Address)
City)
Name)
Address)
Zip) (City)
Revised 04/17/2023 sim Page 15 of 16
Exhibit B
Page 8 of 21
Attachment 2
Page 12 of 39
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:
3`3-31 V;-k'kt. 6l.)C1_
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 Signature Date Signed
I, l's a 0 I 7_129jz3
LCOG: L: \BC 2008 BOUNCHANGE TRANSITION APPLICATION FORMS\SPRINGFIELD\10-03-08 UPDATED FORMS\PRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08. DOC
Last Saved: May 3, 2023
Revised 04/17/2023 sim Page 16 of 16
Exhibit B
Page 9 of 21
Attachment 2
Page 13 of 39
Vorthstar
S U R V E Y I N G
DAVID ANDREW HALLOCK - REGISTERED SURVEYOR
720 NW 4th Street, Corvallis, Oregon 97330 Phone 541-757-9050
Property Legal Description
For
Brooks Limited Family Partnership
A portion of that tract of land conveyed to Brooks Limited Family Partnership per Deed
Instrument 1996-83168 Lane County Deed Records, lying in the Southwest Quarter of Section
34, Township 17 South, Range 3 West, Willamette Meridian, Lane County, Oregon, more
particularly described as follows:
Beginning at a 3/4 inch pipe at the Southwest corner of said Brooks Limited Family Partnership
Tract; Thence along the West line of said tract N 00000'00" E 523.80 feet to a 5/8 inch rod on the
South Right of Way line of Franklin Blvd., Said south Right of Way line is 44.50 feet from the
centerline; Thence along said South Right of Way line N 74°01'22" E 1.82 feet to the point of
spiral curve at Station 109+34.21 as shown in County Survey No. 41493; Thence continuing
along said Right of Way along a portion of a 250 food spiral curve with the chord bearing
N 74033'07" E 192.10 feet to a point; Thence leaving said Right of Way S 00004'08" W 539.95
feet to a point on the South line of said tract; Thence along the South line of said tract
S 69001'05" W 21.43 feet to a 3/4 inch pipe; Thence S 79014'37" W 136.04 feet to a 1/2 inch
pipe; Thence S 84029'15" W 36.38 feet to the point of beginning.
Containing more or less 2.34 Acres
The basis of bearings for this description is between the 3/ 4 inch pipe and 5/8 inch iron rod on
the West line of this tract with a bearing of N 00000'00" E As shown on County Survey
No. 37157.
REGISTERED
PROFESSIONAL
AJND SURVEYOR
OREGON
JANUARY 10,2023
DAVID ANDREW HALLOCK
099849
EXPIRES 6/30/2025
Exhibit B
Page 10 of 21
Attachment 2
Page 14 of 39
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Exhibit B
Page 11 of 21
Attachment 2
Page 15 of 39
CASCADE ESCROW
ATTN: NADJA JUDISH
811 WILLAMETTE STREET
EUGENE, OR 97401
PRELIMINARY TITLE REPORT
AMENDED SUPPLEMENTAL
November 30, 2023
Report No: 0340747
Your No: EU23-1232
Seller: BROOKS FAMILY LIMITED PARTNERSHIP/
RENFRO
Buyer: HANSON PROPERTIES II, LLC
PRELIMINARY REPORT FOR:
Owner's Standard Policy 2,900,000.00
Commercial Extended Loan Policy (SIMUL) 3,900, 000.00
PREMIUMS:
Owner's Standard Premium 4,950.00
Commercial Extended Loan Premium (SIMUL) 3,213.00
OTIRO 208.2-06 Comm. Environmental Lien Endorsement 645.00
OTIRO 209.10-06 Restrict., Encroach., Minerals Endorsement$100.00
OTIRO 209.6.1-06 Private Rights Endorsement 100.00
OTIRO 217-06 Access and Entry Endorsement 125.00
OTIRO 217.2-06 Utility Access Endorsement 275.00
OTIRO 218-06 Single Tax Parcel Endorsement 50.00
OTIRO 222-06 Location Endorsement N/C
OTIRO 228-06 Easement - Damage/Enforced Removal Endorsement$100.00
OTIRO 239-06 Policy Authentication Endorsement 50.00
Gov. Lien/Inspect Fee 35.00
We are prepared to issue 2021 (7/ 1/2021) ALTA title insurance policy(ies) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described
as follows:
Vestee:
A T T A C H E D)
THOMAS E. BROOKS
and
PAMELA RENFRO
and
BROOKS FAMILY LIMITED PARTNERSHIP, AN OREGON LIMITED PARTNERSHIP
and
MYRTLE JO BROOKS, Trustee of the
BROOKS JOINT TRUST
Estate: FEE SIMPLE
DATED AS OF: NOVEMBER 16, 2023 at 8:00 A.M.
No liability is assumed hereunder until policy has been issued andfull policy premium has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WILLAMETTE ST. 715 HWY 101 * FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 97401 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 EUGENE, OREGON 97401
PH: (541) 687-2233 * FAX: (541) 485- 0307 PH: (541) 997-8417 * FAX: (541) 997-8246 PH: (541) 653-8622 * FAX: (541) 844-1626
Exhibit B
Page 12 of 21
Attachment 2
Page 16 of 39
Order No. 0340747
Page 2
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 of any taxing
authority that levies taxes or assessments on real property or by the Public 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.
4. Any encroachment (of existing improvements located on the subject land onto adjoining
land or of existing improvements located on adjoining land onto the subject land),
encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the
Public Records.
SPECIAL EXCEPTIONS:
6. INTENTIONALLY DELETED.
7. Rights of the public in and to that portion lying within streets, roads and highways.
8. Any improvement located upon the insured property which is described or defined as
a mobile home, manufactured dwelling or a manufactured home as defined by ORS 446.003,
Oregon Revised Statutes and is subject to registration as provided therein.
9. Such rights and easements for navigation and fishing as may exist over that portion
of the property lying beneath the waters of Slough on the South.
10. Any claim based upon the assertion that said land or any portion thereof is now, or
at any time has been below the low water mark of the Slough on the South.
11. Rights of the public and governmental bodies in and to any portion of the premises
herein described now or at any time lying below low water mark of the Slough on the
South, including any ownership rights which may be claimed by the State of Oregon and
any governmental bodies in and to any portion now or at any time lying below the low
water mark.
12. 20 foot right of way as disclosed in Warranty Deed, including the terms and provisions
thereof, between Charles Kingwell and Antonie E. Kingwell, and Peder 0. Olson and Mina
A. Olson, recorded July 9, 1910, Reception No. B086 P455, Lane County Oregon Deed
Records.
13. Easement, including the terms and provisions thereof, granted to Glenwood Water
District, by instrument recorded August 3, 1944, Reception No. B272 P107, Lane County
Oregon Deed Records.
Exhibit B
Page 13 of 21
Attachment 2
Page 17 of 39
Order No. 0340747
Page 3
14. Easement, including the terms and provisions thereof, granted the City of Eugene,
Oregon, a municipal corporation, of Lane County, Oregon, by and through the Eugene
Water & Electric Board, by instrument recorded October 15, 1970, Reception No.
1970-023519, Lane County Official Records.
15. Easement as disclosed in Warranty Deed, including the terms and provisions thereof,
between Maurice E. Brooks; Thomas E. Brooks; Pamela Renfro, and State of Oregon, by
and through its Department of Transportation, recorded September 27, 1995, Reception
No. 1995-054371, Lane County Official Records.
16. Glenwood Urban Renewal Plan Notice, including the terms and provisions thereof,
recorded December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records.
17. Memorandum of Jurisdictional Transfer Agreement, including the terms and provisions
thereof, recorded September 23, 2014, Reception No. 2014-037657, Lane County Deeds
and Records.
18. This report does not include a search for financing statements filed in the office
of the Secretary of State, or in a County other than the County wherein the premises
are situated, and no liability is assumed if a financing statement is filed in the
office of the County Clerk covering fixtures, equipment and/or personal property on
the premises wherein the lands are described other than by metes and bounds or under
the rectangular survey system.
19. The rights of tenants holding under unrecorded leases.
20. A copy of the Operating Agreement of Hanson Properties II, LLC, including any amendments
thereof, should be furnished to Cascade Title Company for the purpose of ascertaining
members authorized to execute on behalf of the Limited Liability Company.
21. In lieu of the signatures of all the members and/or managers, we will require a Consent
Resolution by all of the members and managers of Hanson Properties II, LLC,consenting
to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to
sign for said limited liability company to be provided prior to closing.
22. 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.
23. Prior to writing an ALTA MORTGAGEE'S policy, Cascade Title Company should be furnished
with a statement as to parties in possession and as to any construction, alterations
or repairs to the premises within the last 75 days. We also request that we be notified
in the event that any funds are to be used for construction, alterations or repairs.
Exception may be taken to such matters as may be shown thereby.
24. An accurate survey of these premises showing boundary lines, and location of
improvements and easements, should be furnished for our file prior to our writing an
ALTA Mortgagee's Policy. Exception may be taken to such matters as may be shown thereby.
NOTE: The property address as shown on the Assessor's Roll is:
3329 and 3331 Franklin Blvd
Eugene, OR 97403
NOTE: Taxes, Account No. 0299378, Assessor's Map No. 17 03 34 3 3, #100, Code 4-28,
2023-2024, in the amount of $17,853.73, PAID IN FULL.
Taxes, Account No. 4064380, Assessor's Map No. 17 03 34 3 3, #100, Code 4-28,
2023-2024, in the amount of $684.44, PAID IN FULL. (Manufactured structure account.
Assessed to Myrtle Jo Brooks Survivors Trust)
Exhibit B
Page 14 of 21
Attachment 2
Page 18 of 39
Order No. 0340747
Page 4
NOTE: As of the date hereof, there are no matters against HANSON PROPERTIES II, LLC, AN
OREGON LIMITED LIABILITY COMPANY, which would appear as exceptions in the policy to issue,
except as shown herein.
NOTE: The proposed insured is Umpqua Bank.
NOTE: This report is being amended to add endorsements.
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.
rh: Title Officer: KURT BEATY
Exhibit B
Page 15 of 21
Attachment 2
Page 19 of 39
Order No. 0340747
Page 5
PROPERTY DESCRIPTION
Beginning at a point that is South 55.21 feet from the North East corner of the Zara Sweet
and wife Donation Land Claim No. 68, Notification No. 3284, in Township 17 South of Range
3 West of the Willamette Meridian; thence South 546.00 feet to a point at the South East
corner which is the center of a slough; thence South 68° 45' West 21.42 feet to a point;
thence South 79° 18' 40" West 136.05 feet to a point; thence South 84° 05' 40" West 39. 96
feet to the South West corner; thence North 528.25 feet to the North West corner which is
on the South right-of-way line of the McKenzie Highway; thence North 74' 01' 10" East 177. 37
feet to a point; thence North 74° 01' 10" East 20.80 feet to the place of beginning, in
Lane County, Oregon.
EXCEPT THEREFROM that portion described in Deed to the State of Oregon, by and through
its Department of Transportation, recorded September 27, 1995, Reception No. 9554371,
Lane County Official Records, in Lane County, Oregon.
Exhibit B
Page 16 of 21
Attachment 2
Page 20 of 39
11
1111111da
CASCADE TITLE CO.
MAP NO.
17-03-34-33
NE COR
ZARA SWEET
DLC 68h-"
THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
Exhibit B
Page 17 of 21
Attachment 2
Page 21 of 39
I V
OFF1C1AL RECORD OF DEQ RIMONS OF REAL PROPERTIES
9581CODE
OLD NUMBER OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON NO34
N AAP 17 . 03 . 34 . 3 . 3 iT No. 100 299 378 AEF
ACCOUNT NUMBER SECTION _4_ + TOWNSHIP S.FRAN-GE _,3 W.M.
LOT BLOCK
NO. NO. ADDITION - I CITY
DEED RECORD
INDENT EACH NEW LEGAL DESCRIPTION
COURSE TO THIS POINT DATE OF ENTRY DEED NUMBER
MF
1-675-3 Except: 0.18 ac. to the 194: 197/301
State of Oregon for Highway as re- I
corded in 229/316 L.C.D.R..
Bhgi.nning at the NE corner of the Zai%
Sweet Land wife Donation Land Claim No. 68,.
Notification No. 3284 in Twp. 17S. of R. 3W
W. M. and .running; thence
a.733,0 -West along., the -North line of
said claim 3.00 chains; thence
I S.8.85 chains to tho'center of a slou
thence, up the center of the same N1 .84`61E..
56 links; thence
N.78-° East 2.95 chains; thence
N.9.17 chains to the point of begin-
ning containing 2.60 ac. of land; except a
perpetual right-of-way over the East 20 ft
thereof.
Cont. m/1
I EXCEPT: 0.02 ac into McKenzie Hwy (HYvy 126)
by R2099/95-54371 for 1997•
I
I Cont. m/1
i
I
i
r
r
I
I
I
r
i
1943 265/399
1958 rf 100
15148
15149
1977 R828/0002
h;
1991 b
1991 b
946
ACRES
REMAINING
2.70
2.52
2.52
R1671/9061 79
R1751/92j5290
168
2.448
2.46
Exhibit B
Page 18 of 21
Attachment 2
Page 22 of 39
Lane County Clerk 2023- 036708LaneCountyDeeds & Records
12/28/202311:52:46 AM
RPR -DTR Cnt=1 Stn --2 CASHIER 02 3pages
340747/EU23-1232 NRI $15.00 $11.00 $10.00 $61.00 $97.00
TAX ACCT. NO. 0299378
MAP/TAX LOT NO. 17-03-34-33-00100
TRUST DEED
THIS TRUST DEED, made on day 29 of December, 2023, between HANSON PROPERTIES II, LLC, an
Oregon Limited Liability Company, as Grantor, CASCADE TITLE COMPANY, as Trustee, and BROOKS
FAMILY LIMITED PARTNERSHIP, an Oregon Limited Partnership, as Beneficiary,
WITNESSETH:
Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in Lane
County, Oregon, described as:
Beginning at a point that is South 55.21 feet from the North East comer of the Zara Sweet and wife Donation Land
Claim No. 68, Notification No. 3284, in Township 17 South of Range 3 West of the Willamette Meridian; thence South
546.00 feet to a point at the South East corner which is the center of a slough; thence South 68° 45' West 21.42 feet to a
point; thence South 79° 18' 40" West 136.05 feet to a point; thence South 84° 05' 40" West 39.96 feet to the South
West corner; thence North 528.25 feet to the North West comer which is on the South right-of-way line of the
McKenzie Highway; thence North 74° 01' 10" East 177.37 feet to a point; thence North 74° 01' 10" East 20.80 feet to
the place of beginning, in Lane County, Oregon.
EXCEPT THEREFROM that portion described in Deed to the State of Oregon, by and through its Department of
Transportation, recorded September 27, 1995, Reception No. 9554371, Lane County Official Records, in Lane County,
Oregon.
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging
or in anywise now or hereafter appurtaining, and the rents, issues and profits thereof and all fixtures now or hereafter
attached to or used in connection with the property.
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and
payment of the sum of **TWO MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100ths** Dollars,
with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or
order and made payable by .grantor, the final payment of principal and interest hereof, if not sooner paid, to be due and
payable February 29, 2024.
The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of
said note becomes due and payable. In the event the within described property, or any part thereof, or any interest
therein is sold, agreed to be sold, conveyed, assigned, or alienated by the grantor without first having obtained the
written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this
instrument, irrespective of the maturity dates expressed therein or herein, shall become immediately due and payable.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any
building or improvement thereon; not to commit or permit any waste of said property.
2. To complete or restore promptly and in good workmanlike manner any building or improvement which may be
constructed, damaged or destroyed thereon, and pay when due all costs incurred therefor.
3, To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if
the beneficiary so requests, to join in executing such financing statements pursuant to the Uniform Commercial Code as
the beneficiary may require and to pay for filing same in the proper public office or offices, as well as the cost of all lien
searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary.
4. To provide and continuously maintain insurance on the buildings now or hereafter erected on said premises against
loss or damage by fire and such other hazards m the beneficiary may from time to time require, in an amount not less
I•-------------------------------------------------------------------------------------
NOTE: The Trust Deed Act provides that the Trustee hereunder must be either an attorney, who is an active member
of the Oregon State Bar, a bank, trust company, or savings and loan association authorized to do business under the laws
of Oregon or the United States, a title insurance company authorized to insure title to real property of this state, its
subsidiaries, affiliates, agents or branches, the United States or any agency thereof, or an escrow agent Iicensed under
ORS 696.505 to 696.585.
TRUSTDEED
HANSON PROPERTIES II, LLC
86365 COLLEGE VIEW RD
EUGENE, OR 97405
Grantor
BROOKS FAMILY LIMITED
PARTNERSHIP, an Oregon Limited
Partnership, BROOKS JOINT
TRUST, THOMAS E. BROOKS and
PAMELA RENFRO
Beneficiary
After recording return to
CASCADE TITLE COMPANY
811 WILLAMETTE STREET
EUGENE OR 97401
TDDUES (NRJ)
Exhibit B
Page 19 of 21
Attachment 2
Page 23 of 39
than the full insurable value, written in companies acceptable to the beneficiary, with loss payable to the latter; all
policies of insurance shall be delivered to the beneficiary as soon as insured; if grantor shall fail for any reason to
procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expiration of
any policy of insurance now or hereafter placed on said buildings, the beneficiary may procure same at grantor's
expense. The amount collected under any fire or other insurance policy may be applied by beneficiary upon any
indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire
amount so collected, or any part thereof, may be released to grantor. Such application or release shall not cure or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice.
5. To keep said premises free from construction liens and to pay all taxes, assessments and other charges that may be
levied or assessed upon or against said property before any part of such taxes, assessments and other charges become
past due or delinquent and promptly deliver receipts therefor to beneficiary; should the grantor fail to make payment of
any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by
providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment
thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with obligations
described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of the debt secured by this trust
deed, without waiver of any rights arising from breach of any of the covenants hereof and for such payments, with
interest as aforesaid, the property hereinbefore described, as well as the grantor, shall be bound to the same extent that
they are bound for the payment of the obligation herein described, and all such payments shall be immediately due and
payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by
this trust deed immediately due and payable and constitute a breach of this trust deed.
6. To pay all costs, fees and expenses of this trust deed including the cost of title search as well as the other costs and
expenses of the trustee incurred in connection with or in enforcing this obligation and trustee's and attorney's fees
actually incurred.
7. To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or
trustee; and in any suit, action or proceeding in which the beneficiary or trustee may appear, including any suit for the
foreclosure of this deed, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's
attorney's fees; the amount of attorney's fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court
and in the event of an appeal from any judgment or decrees of the trial court, grantor further agrees to pay such sum as
the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney's fees on such appeal.
It is mutually agreed that:
8. In the event that any portion or all of said property shall be taken under the right of eminent domain or
condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as
compensation for such taking, which are in excess of the amount required to pay all reasonable costs, expenses and
attorney's fees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneficiary and applied by it
first upon any such reasonable costs and expenses and attorney's fees, both in the trial and appellate courts, necessarily
paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby; and
grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining
such compensation, promptly upon beneficiary's request.
9. At any time and from time to time upon written request of beneficiary, payment of its fees and presentation of this
deed and the note for endorsement (in case of full reconveyances, for cancellation), without affecting the liability of any
person for the payment of the indebtedness, trustee may (a) consent to the making of any map or plat of said property;
b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement
affecting this deed or the lien or charge thereof, (d) reconvey, without warranty, all or any part of the property. The
grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals therein
of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees for any of the services
mentioned in this paragraph shall be not less than $5.
10. Upon any default by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or
by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby
secured, enter upon and take possession of said property or any part thereof, in its own name sue or otherwise collect the
rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation
and collection, including reasonable attorney's fees upon any indebtedness secured hereby, and in such order as
beneficiary may determine.
11. The entering upon and taking possession of said property, the collection of such rents, issues and profits, or the
proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the property, and
the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
12. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreement
hereunder, time being of the essence with respect to such payment and/or performance, the beneficiary may declare all
sums secured hereby immediately due and payable. In such an event the beneficiary at his election may proceed to
foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and
sale, or may direct the trustee to pursue any other right or remedy, either at law or in equity, which the beneficiary may
have. In the event the beneficiary elects to foreclose by advertisement and sale, the beneficiary or the trustee shall
execute and cause to be recorded his written notice of default and his election to sell the said described real property to
satisfy the obligation secured hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as
then required by law and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795.
13. After the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the
date the trustee conducts the sale, the grantor or any other person so privileged by ORS 86.753, may cure the default or
defaults. If the default consists of a failure to pay, when due, sums secured by the trust deed, the default may be cured
by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default
occurred. Any other default that is capable of being cured may be cured by tendering the performance required under
the obligation or trust deed. In any case, in addition to curing the default or defaults, the person effecting the cure shall
pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed together with
trustee's and attorney's fees not exceeding the amounts provided by law.
14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time
to which said sale may be postponed as provided by law. The trustee may sell said property either in one parcel or in
separate parcels and shall sell the parcel or parcels at auction to the highest bidder for cash, payable at the time of sale.
Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold, but without
any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof
of the truthfulness thereof. Any person, excluding the trustee, but including the grantor and beneficiary, may purchase
at the sale.
Exhibit B
Page 20 of 21
Attachment 2
Page 24 of 39
15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of
1) the expenses of sale, including the compensation of the trustee and a reasonable charge by trustee's attorney, (2) to
the obligation secured by the trust deed, (3) to all persons having recorded liens subsequent to the interest of the trustee
in the trust deed as their interests may appear in the order of their priority and (4) the surplus, if any, to the grantor or
to his successor in interest entitled to such surplus.
16. Beneficiary may from time to time appoint a successor or successors to any trustee named herein or to any
successor trustee appointed hereunder. Upon such appointment, and without conveyance to the successor trustee, the
latter shall be vested with all title, powers and duties conferred upon any trustee herein named or appointed hereunder.
Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when
recorded in the mortgage records of the count), or counties in which the property is situated, shall be conclusive proof of
proper appointment of the successor trustee.
17. Trustee accepts this trust when this deed, duly executed and acknowledged is made a public record as provided by
law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or
proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by
trustee. The grantor covenants and agrees to and with the beneficiary and the beneficiary's successor in interest that the
grantor is lawfully seized in fee simple of the real property and has a valid, unencumbered title thereto and that the
grantor will warrant and forever defend the same against all persons whomsoever.
WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or
loan agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest.
This insurance may, but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage
purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by
providing evidence that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any
insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so
added, the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the
date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary
purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy
any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law.
The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are:
a) r .-:t c _
i.. Y,. o •iT,., OS®.. fN QT GFs; T r the waff-nty t, a eas no
app` 7
b) for an organization, or (even if grantor is a natural person) are for business or commercial purposes.
This trust deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees,
administrators, executors, personal representatives, successors, and assigns. The term beneficiary shall mean the holder
and owner, including pledgee, of the contract secured hereby, whether or not named as a beneficiary herein.
In construing this trust deed, it is understood that the Grantor or Beneficiary may be more than one person; that if the
context so requires, the singular shall be taken to mean and include the plural and that generally all grammatical
changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to
individuals.
IN WITNESS WHEREOF, said grantor has hereunto set his hand the day and year first above written.
HANSON PROPERTIES II, LLC
BY:
NILES E. HANSON, SOLE MEMBER/MANAGER
State of Oregon
County of Lane
This instrument was acknowledged before me on 12023 by NILES E. HANSON, SOLE MEMBER/MANAGER OF HANSON PROPERTIES II, LLC.
L
or Oregon)
OFFICIAL STAMP My commission expires_
NADJA ROSE JUDISH
NOTARY PUBLIC -OREGON
COMMISSION NO. 1025995
MY COMMISSION EXPIRES JULY 13, 2028
TnnT roc - n
Exhibit B
Page 21 of 21
Attachment 2
Page 25 of 39
ANNEXATION AGREEMENT – Page 1 of 6
ANNEXATION AGREEMENT FOR 3331 FRANKLIN BOULEVARD
This Annexation Agreement (“Agreement”) is made between the City of Springfield, an
Oregon municipal corporation (“City”) and Hanson Properties II 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. 17-03-34-33, Tax Lot 00100, which is currently municipally addressed
as 3331 Franklin Boulevard 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
and is part of the Glenwood Phase 1 Refinement Plan area. The Property is within the
Urbanizable Fringe Overlay District (UF-10) according to the Springfield Zoning Map, and
the underlying zoning is Glenwood Office Mixed Use.
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 Comprehensive Plan – Urbanization Element, and such showing is
supported by the substantial evidence in the record of the proceeding on this annexation.
City staff has determined the minimum level of key urban services is currently available to
the Property.
F. The purpose of this Agreement is to memorialize APPLICANT’s and City’s commitment
and agreement to the allocation of financial responsibility for public facilities and services
for the Property and other users of the facilities, sufficient to meet the City’s requirements
for the provision of key urban services, including long term public sanitary sewer,
stormwater management systems, interconnected transportation systems, and Fire and Life
Safety services necessary for an affirmative City recommendation for the annexation
request.
After Recording, Return to: Place Bar Code Sticker Here:
City of Springfield
Attn: Current Development Division
Development & Public Works Department
225 Fifth Street
Springfield, OR 97477
Exhibit C
Page 1 of 6
Attachment 2
Page 26 of 39
ANNEXATION AGREEMENT – Page 2 of 6
G. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
• An existing public sanitary sewer system owned and operated by the Metropolitan
Wastewater Management Corporation (MWMC) is located along the western
property boundary and a manhole is located approximately in the middle of the
property line. There is a current service lateral extended from this manhole into the
property for service to be installed once annexation is complete.
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 located within Franklin Boulevard that drains
to the east is available for overflow. The Glenwood Refinement Plan policies
require onsite treatment and infiltration as much as possible to minimize flow into
the public system. The City of Springfield has completed a study of the Glenwood
district to establish that this area has a very high infiltration rate available on site.
I. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
• The Property has legal and physical access to Franklin Boulevard along the northern
frontage.
J. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City’s conditions for an
affirmative recommendation for annexation to the Common Council, and in exchange for
the obligations of the City set forth below, APPLICANT shall comply with all requirements
imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to
perform the obligations set forth in this section.
1.1.1. APPLICANT shall install sewer service to all facilities/buildings on the site and
decommission the existing septic system.
1.1.2. Upon further development or redevelopment of the property, which is defined as any
change to the property that requires a land use application and approval,
APPLICANT or future property owner shall improve the frontage along Franklin
Boulevard to be in full compliance with the Glenwood Refinement Plan Phase 1
requirements, including placing all overhead utility lines underground, installing a
single driveway that meets City standards for a commercial driveway entrance and
Exhibit C
Page 2 of 6
Attachment 2
Page 27 of 39
ANNEXATION AGREEMENT – Page 3 of 6
restoring any existing curb cuts to full height curb, setback sidewalks, street trees and
decorative street lights.
1.1.3. APPLICANT or future property owner will adhere to all requirements of the
Glenwood Refinement Plan Phase 1 and the Glenwood Office Mixed Use zoning for
the type and layout of the development for this property.
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.
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
Exhibit C
Page 3 of 6
Attachment 2
Page 28 of 39
ANNEXATION AGREEMENT – Page 4 of 6
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.
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 4 of 6
Attachment 2
Page 29 of 39
ANNEXATION AGREEMENT – Page 5 of 6
DATED this _____ day of __________, 20__.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT
By: Date
Its:
STATE OF OREGON
COUNTY OF LANE
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON , 20 BY
AS OF
(APPLICANT)
NOTARY PUBLIC FOR OREGON
} ss
Exhibit C
Page 5 of 6
Attachment 2
Page 30 of 39
ANNEXATION AGREEMENT – Page 6 of 6
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 6 of 6
Attachment 2
Page 31 of 39
TYPE 4 – ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: Hanson Annexation
Case Number: 811-24-000076-TYP4
Proposal Location: 3331 Franklin
Boulevard in Glenwood
(Map 17-03-34-33, Tax Lot 100)
Current Zoning & Comprehensive
Plan Designation:
Glenwood Office Mixed Use (GOMU)
Applicable Comprehensive Plan:
Springfield Comprehensive Plan
Application Submittal Date:
March 13, 2024
Public Hearing Meeting Date: June 3, 2024
Associated Applications: 811-23-000263-PRE (Development Initiation Meeting); 811-24-000024-PRE
(Completeness Check Meeting)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE
POSITION REVIEW OF NAME PHONE
Project Manager Planning Andy Limbird 541-726-3784
Transportation Planning Engineer Transportation Michael Liebler 541-736-1034
Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036
Deputy Fire Marshal Fire and Life Safet y Gilbert Gordon 541-726-2293
Building Official Building Chris Carpenter 541-744-4153
Review Process (SDC 5.7.115): The subject annexation request is being reviewed under Type 4 Annexation
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 December 19,
2023. Subsequently, a completeness check meeting for the annexation request was held on January 30, 2024 (File
811-24-000024-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: The property owner who owns all of the land and real property, and full assessed value of real Glenwood Boulevard Territory
Proposed for
Annexation City Limits Exhibit D
Page 1 of 8
Attachment 2
Page 32 of 39
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 a parallelogram-shaped property comprising
approximately 2.44 acres. The property is bounded on the north by Franklin Boulevard and is located just west of
the intersection of Franklin and Glenwood Boulevard. The property was formerly operated as an auto parts store
and warehouse buildings for different uses. The site is developed with the former retail building, three warehouse
buildings and a paved parking lot and driving aisles. Historically there has been a manufactured home on the
southern/rear portion of the property behind the retail building. However, that manufactured home has been removed
recently. Legal and physical access to the site is provided via a commercial driveway entrance onto Franklin
Boulevard. The subject property is inside the Springfield Urban Growth Boundary (UGB) and it is contiguous
to the City limits along the southern, western and northern boundaries. The purpose for annexing the property
is to allow for connection of the existing buildings to public sanitary sewer and to facilitate future development
or redevelopment of the property.
Current zoning for the property is Glenwood Office Mixed Use (GOMU) with an Urbanizable Fringe Overlay
District (UF-10) applied. After annexation, the UF-10 overlay will be removed and the subject property will remain
within the Glenwood Office Mixed Use District.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools
(Eugene 4J School District), roads (City of Springfield), and Fire (Eugene-Springfield Fire under contract with the
Glenwood Water District). Springfield Utility Board (SUB) provides electrical and water service to incorporated
areas of Glenwood. SUB Water has an existing water line within Franklin Boulevard along the northern boundary
of the annexation area. The Metropolitan Wastewater Management Commission (MWMC) operates a sanitary sewer
trunk line that runs just outside the western boundary of the property. Upon annexation, the City of Springfield will
be responsible for all urban services (excepting sanitary sewer) for the property including water and electricity
(through SUB), transportation and police/fire response to the subject area. MWMC will continue to operate the
public sanitary sewer trunk line that borders the property.
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 May 9, 2024, 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 811-24-000076-TYP4.
Newspaper Notice. Notice of the June 3, 2024 public hearing was published in the print version of The Chronicle
on May 23 and 30, 2024. 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 June 3, 2024 public hearing was posted in four places in the City: at the northwest
corner of the property frontage on Franklin Boulevard; at the northeast corner of the property frontage on Franklin
Boulevard; on the Public Notices bulletin board in the lobby of City Hall and on the City website. The public hearing
notice was also digitally posted on the electronic display in the foyer of the Development & Public Works office
in Springfield City Hall.
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 during the public notification
period that started with issuance of mailed notices on May 9, 2024 and extended through the period of May 30, 2024
when the City Council packet was finalized for publication.
Exhibit D
Page 2 of 8
Attachment 2
Page 33 of 39
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 portions of the southern, western and northern boundary. The proposal meets
the requirements of SDC 5.7.140(A)(1) for contiguity to the current City limits. Therefore, this annexation
application meets the statutory definition of contiguity as found in ORS 222.111(1).
Conclusion: The proposal meets and complies with Criterion (A)(1) of SDC 5.7.140.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable
refinement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC) in
August 1982 and has been subsequently amended. The original Metro Plan UGB encompassed both Eugene and
Springfield, with I-5 being the acknowledged boundary between Eugene and Springfield. With the passage of House
Bill 3337 in 2007 and adoption of Ordinance 6268 in 2011, a separate and distinct UGB was created for Springfi eld
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 June 2012, Springfield adopted the Phase 1 Glenwood Refinement Plan which redesignated and rezoned
properties within the Glenwood Riverfront, including the subject property. The subject site is located within the
Franklin Riverfront component of the Refinement Plan. Concurrent with adoption of the Phase 1 Glenwood
Refinement Plan, the property was redesignated and rezoned from Light Medium Industrial (LMI) to Glenwood
Office Mixed Use.
Finding: In December 2016, Springfield adopted the Springfield 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 Glenwood Office Mixed Use which
is consistent with the comprehensive plan designation. The adopted elements of the Springfield 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 can connect with City services and initiate further development or redevelopment of the property in
accordance with provisions of the adopted Refinement Plan and the City’s Development Code.
Finding: The continued annexation of properties to the City of Springfield is consistent with Policy 29 of the
Springfield 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.
Exhibit D
Page 3 of 8
Attachment 2
Page 34 of 39
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 currently within the service area of the Glenwood Water District.
The water district has a contractual service arrangement with Eugene-Springfield Fire Department for provision of
fire response. After the public hearing and Council adoption of the annexation Ordinance, the annexation area
will be withdrawn from the Glenwood Water District consistent with ORS 222.520 and 222.524 and the City of
Springfield by and through the Eugene-Springfield Fire Department will provide fire and life safety services to the
annexation area.
Approval Standard: In accordance with Policy 33 of the Springfield Comprehensive Plan – Urbanization Element,
SUB is the exclusive water service provider within the Springfield city limits.
Finding: The Glenwood Water District provides water service to unincorporated areas of Glenwood including the
subject property. Upon annexation, the territory will be withdrawn from the Glenwood Water District and the City
by and through the Springfield Utility Board will provide potable water service to the annexation area.
Finding: In accordance with Policy 34 of the Springfield 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 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 allow for immediate connection of the buildings to public sanitary sewer
service. There is an existing 24-inch sanitary sewer trunk line that runs parallel with and just outside the western
boundary of the annexation area. This segment of sewer trunk line is owned and operated by the Metropolitan
Wastewater Management Commission. Maintenance of the line, including the provision for any private connections,
is overseen by the City’s Development & Public Works Department. The applicant has provided evidence of a 2001
encroachment permit for installation of a private 8 -inch sanitary sewer connection to the 24-inch sewer trunk line
with a lateral that is stubbed into the subject property. The private 8-inch lateral was installed but not placed into
operation pending annexation of the property, and services can be connected to this line upon annexation.
Finding: The annexation would also facilitate future development or redevelopment of the property. The site will
require the extension of multiple private sanitary sewer laterals to existing (and future) buildings from the 8-inch
private connection to the sewer trunk line operated by MWMC. Because of the existing public sanitary sewer line
and private connection installed in 2001, this key service will be immediately available upon annexation to the City
- which is consistent with Policy 34. There is no proposal to extend public sewer or water to a non-annexed area.
Further discussion about the water 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 Comprehensive Plan – Urbanization Element,
annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance
with the Springfield Comprehensive Plan and Springfield Development Code.
Exhibit D
Page 4 of 8
Attachment 2
Page 35 of 39
Approval Standard: In accordance with Policy 31 of the Springfield 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 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 southern, western
and northern boundary. The proposal meets the contiguity requirements for the purpose of advancing this annexation
request. Urban utilities including water and electricity are located along the property frontage on Franklin Boulevard
and a sanitary sewer trunk line is already installed and operating outside the western boundary of the property.
Therefore, the urban service delivery systems are already available and in place or can be logically extended from
points on the periphery 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
Glenwood. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon
annexation, the subject property will be eligible to receive SUB Water service. There is an existing 8-inch water
line that runs along the northern edge of the annexation territory within Franklin Boulevard. The subject territory
does not abut any other public streets so there is no requirement or need to extend public water lines through or past
the property.
Electricity – SUB owns and operates underground and overhead electrical transmission lines along Franklin Boulevard.
The subject property already has commercial electrical service that will remain upon annexation. 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 Glenwood that are already
inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriff’s
Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other
properties inside the City.
Fire and Emergency Services – Fire protection is currently provided to the annexation area by Eugene-Springfield
Fire Department under contract with the Glenwood Water District. Upon annexation, the property will be withdrawn
from the rural water district and the Eugene-Springfield Fire Department will directly provide fire and emergency
services to the subject territory.
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 within the City of Springfield 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 Glenwood Riverfront to the north and east of the subject
site is identified for future park and public walkway development as described in the adopted Glenwood Refinement
Plan. However, there are no future or potential park or open space areas identified within the subject annexation
territory.
Exhibit D
Page 5 of 8
Attachment 2
Page 36 of 39
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 Eugene 4J School District serves this area of Glenwood. The Eugene 4J District has capacity to serve
the annexation area in its current configuration because there are no current or anticipated residents on the property.
However, based on provisions of the Glenwood Office Mixed Use district (i.e. high density residential dwellings are
allowable) it is conceivable that the annexation territory could generate a school-age population. At the time of future
development or redevelopment, the School District would be referred any development plans including proposals for
high density residential dwellings that could generate a new student population on this site.
Sanitary Sewer – The annexation territory abuts a section of a 24-inch sanitary sewer trunk line operated by
MWMC. The trunk sewer line is designed and sized to serve incorporated commercial and industrial sites within
Glenwood, including the Lane County waste transfer station on East 17th Avenue. Full buildout of residential,
industrial and mixed-use properties within the Phase 1 and 2 Glenwood Refinement Plan areas is predicated on
available sanitary sewer capacity within this public line. Currently, about one-half of the sanitary sewer catchment
area is annexed and developed with urban uses that contribute flows to the sanitary sewer system. The draft
Annexation Agreement prepared for the property includes provisions for using an existing connection to the
MWMC sewer line (Attachment 2, Exhibit C).
According to a 2001 encroachment permit from the City, the subject property has an 8 -inch private lateral that
connects to the 24-inch public sewer line outside the western boundary of the site. The existing 8 -inch connection
is stubbed into the subject property and has adequate capacity for full site buildout. All effluent originating from
the property can be directed to the 8-inch connection to the public system.
Stormwater – The subject annexation territory is not currently served by a public stormwater management system
although there are piped and open channel facilities outside the southern boundary of the property. A large proportion
of the annexation territory is impervious surface because it is comprised of building rooftops and paved parking lots
and driving aisles. With future development or redevelopment on the property, regulations embodied within the
Glenwood Office Mixed-Use district will require the applicant to manage stormwater on the site to the greatest extent
practicable, including provision for treatment and infiltration of runoff. Overflow to the public stormwater system on the
periphery may be allowable depending on the final on-site stormwater system design and as permitted under the City’s
stormwater development regulations in effect on the date of submittal. Review and approval of any proposed stormwater
system(s) will be done in conjunction with future land use actions for the further development or redevelopment of the
property.
Streets – The northern boundary of the subject annexation area fronts onto Franklin Boulevard, which is classified
as an urban arterial street. Along the subject property frontage, Franklin Boulevard is developed with curb, gutter,
sidewalk, paving, street lighting, striped bicycle lanes and a five -lane profile including two striped vehicle travel
lanes in each direction with a bi-directional center turn lane. In accordance with provisions of the Annexation
Agreement and consistent with the adopted Glenwood Refinement Plan, the developer must provide for future
Franklin Boulevard frontage improvements including, but not limited to: placement of overhead utility lines
underground, and installation of decorative pedestrian-scale street lighting, street trees and 7-foot wide setback
sidewalks. The Annexation Agreement provides for trigger actions that will necessitate the installation of Franklin
Boulevard improvements.
There is no requirement or need for extension of new public streets through the subject annexation territory. For
this reason, the Annexation Agreement only discusses frontage improvements for existing Franklin Boulevard and
does not contemplate or require dedication of additional rights -of-way.
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.
Exhibit D
Page 6 of 8
Attachment 2
Page 37 of 39
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 all of Glenwood, including the unincorporated areas. The City will continue to administer
land use controls after annexation.
Finding: The minimum level of key urban facilities and services, as outlined in the Springfield Comprehensive
Plan – Urbanization Element are available to the site, or there is sufficient capacity that will 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 former industrial property currently zoned for Glenwood Office
Mixed Use. The subject annexation area contains warehouse buildings that can remain as legally-created non-
conforming uses. All key public utilities, including sanitary and storm sewer, water, electricity and
telecommunications are available on the public street frontage or immediate periphery of the annexation territory.
Future land division, development or redevelopment of the property will trigger provisions of the Annexation
Agreement including the property owner’s responsibilities for Franklin Boulevard frontage improvements. The City
and property owner have executed the Agreement and it is attached hereto for reference (Attachment 2, Exhibit C).
Conclusion: The proposal meets and complies 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 is scheduled to give first reading of the Annexation Ordinance and hold a Public
Hearing on June 3, 2024 for the subject annexation request. 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 a subsequent meeting currently scheduled for June 17, 2024.
Zoning (SDC 5.7.150): The area requested for annexation is zoned and designated Glenwood Office Mixed Use
District in accordance with the Springfield Zoning Map, the adopted Springfield Comprehensive Plan and the
adopted Phase 1 Glenwood Refinement Plan diagrams. Properties that are outside the City limits have the
Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the
UF-10 overlay will be automatically removed and the property will retain the Glenwood Office Mixed Use zoning.
Effective Date and Notice of Approved Annexation (SDC 5.7.155): The subject annexation request is being
presented to the City Council for consideration at an initial public hearing on June 3, 2024. Second reading and potential
adoption of the annexation Ordinance is scheduled for June 17, 2024. Therefore, the annexation and special district
withdrawal will become effective 30 days after the Ordinance is signed by the Mayor, 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.
Exhibit D
Page 7 of 8
Attachment 2
Page 38 of 39
Finding: The annexation area is within the delineated service territory of the Glenwood Water District (contracted
fire response). The Cities of Eugene/Springfield will directly provide fire and emergency services after
annexation. Upon annexation, the City by and through SUB will provide water service to the subject territory.
Consistent with SDC 5.7.160, notice was provided for the public hearing on June 3, 2024. Withdrawal from the
Glenwood Water District concurrently with annexation of the territory to the City of Springfield is in the best
interest of the City. The withdrawal from the Glenwood Water District is necessary to implement Policies 31 and
32 of the Springfield Comprehensive Plan – Urbanization Element whereby annexation is prioritized for the City of
Springfield to provide urban services to its incorporated territory, and existing special service districts within the
City’s UGB are to be dissolved over time.
DIRECTOR’S RECOMMENDATION: The proposal complies with the annexation criteria of approval
listed in SDC 5.7.140, and Council is within its authority to approve annexation of the subject territory to the
City of Springfield and Willamalane Park and Recreation District and withdrawal of the subject territory
from the Glenwood Water District.
Exhibit D
Page 8 of 8
Attachment 2
Page 39 of 39
LOCATION OF PROPOSED ANNEXATION
SITE
Attachment 3
Page 1 of 2
LOCATION OF PROPOSED ANNEXATION
City Limits Glenwood BlvdProposed
Annexation
Area
Attachment 3
Page 2 of 2