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Home My WebLink AboutResolution 05-10 03/07/2005 '~ . . . . I, RESOLUTION NO 05-10 , A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO J:HE CITY OF SPRINGFIELD KNOWN AS PRODEN/COREY LOCATED IN NORTH SPRINGFIELD WEST OF VERA STREET AND NORTH OF 16TH AND 17TH STREETS AND REQUESTING THAT THELANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE, ANNEXATION. WHEREAS, the City Council is authorized by ORS 199.490(1)(a) to initiate a minor boundary change(Exhibit A) by resolution of the governing body ofthe affected city, and WHEREAS, the territory is within the Eugene-Springfield Urban Growth Boundary, and WHEREAS, all of the property owners of the territory proposed to be annexed have signed a petition to annex to the City of Springfield (Exhibit B), and WHEREAS, the three electors registered in the territory proposed to be annexed have signed the petition signature sheet (see Exhibit C), and, WHEREAS, the territory to be annexed can be provided with key urban services as defined in the Metro Plan Policy 8, described in the Annexation Agreement (Exhibit D) between the City of Springfield, an Oregon municipal corporation and Joseph Proden and Patricia A. Proden, as Tenants by the Entirety, and WHEREAS, the territory shall be withdrawn from the Rainbow Water and Fire District in accordance with provisions in ORS 222 and thereafter served by the Springfield Utility Board, and NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby recommend approval of the annexation of the subject territory to the City by the Lane County Local Government Boundary " Commission, Lane County, Oregon, said territory being described as follows: Township 17 South, Range J . West, Section 24, Map 31, Tax Lot 500; as more particularly described in Exhibit A of this Resolution. Section 2: This Resolution shall take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 7th day of March 2005, by a vote 'of ---.L.. for and ---1...,.against. APPROVED by the Mayor of the City of Springfield this ih day of March,2005. ATTEST: ~~ City Recorder REVIEWED & lWPROVt~ A$ -rr. ~~,.-.,," -.J~ :~~~1~ Lt:~\~ DA TE:i.IIITI'-~- OFFICE Or- CiTY ATTORNEY ~ . . ... ( . ~.. 'i ;.;~..:. B~,,:::,-=- ~ _ EXH \ BiT 11\" A PORTION OF THE WEST HALF OF SECTION 24. TOWNSHIP 17 SOUTH, RANGE 3 WEST 0F THE WILLAMETTE MERIDIAN, BEING A PORTiON OF PARCEL 2 OF LAND PARTITION PlAT NUMBER 92-P0235, RECOROED IN lANE COUNTY SURVEY FILE NO. 30688, EXCEPTJNG THAT PORTION SET OUT IN THAT JUDGMENT IN lANE COUNlY CIRCUIT COURT CASE NUMBER 16-92-04047, NOTice OF WHICH WAS RECORDED JANUARY 10, 1994, RECEPTION NUMBER 94-01874, LANE COUNTY OREGON DeeD RECORDS, SAID PARCEL BEING MORE PART'CULARL Y DESCRIBED AS FOLLOWS: ' BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID LAND PARTITION PLAT NUMBER 82...P0236; THENCE FOllOWING ALONG THE EASTERLY UNE OF SAID PARCEL 2, NORTH 0.05'38" WEST 623.92 FE;ET; THENCE lEAVING SAID EASTERLY LINE AND FOLLOWING ALONG TIiE NORTHERLY BOUNDARY OF SAID PARCEL 2, WEST 184.99 FEET; tHENCE SOUTH OD$3'1211 EAST 130.00 FEET; THENCE SOUTH 85.00'00" WEST 112.00 FEET; THENCE NORTH 0-63'12.' WEST 120.27 FEET; THENCE SOUT1-f 80.04'27" WEST 112..72 FEET TO A POINT QN THE EASTERLY UNE OF THE AFOREM~NTIONED NOTICE OF JUDGMENT; THENCE LEAVING SAID NORlliERl Y BOUNDARY AND FOLLOWING ALONG SAID EASTERLY UNE SOUTH ' 0.07'39" WEST 583.35 FEET; nU:NCE LEAVING SAID I;ASTERL Y LINE AND FOLLOWING ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89.46"13" EAST 409.76 FEET TO THE POINT OF BEGINNING, CONTAINING 5.42 ACRES, MORE QR LESS. ALL WITIiIN SAID SECTION 24, St:'RINGFIElD, LANE COUNTY, OREGON. .IJl. ...... It J-. ,.. REGISTERED PROFESSIONAL LAND SURVEYOR EGON JULY 1&, 1987 SeOTlT J. GOEBEL 2280 r RENEWAL DATE, ~~~/o> f' N:\PlJ8-DAj A\02414-04\nol83\ANN!:XATIOIlU'ARCEL I"!f .~ "\. . . N I'i') -q- N I'i') '0 I' . . t';\ I \J U I /\/\1\ I I V I \I SCALE 1" = O.NLY CITY OF SPRINGFIELD 17 -O3-24-3~' TL40o., 500., 705 .36 AC. 707 ; 0.27 A( ::ilit Sd '''Z SEE MAP 1 00 200 1,71 AC.T, 2.84 AC.T. 400 9.02 AC,T. PARCEL 1 700- 703 7.13 AC. PCL. 3 ~\cg~ ~~ 8.17 AC.S. ~ ~~ 1- - 0.85 AC.S. ~~ > hb ~:! P.. 8.... S 8'1' ~2'12' E: U7.S0' S 1I'J'~2'I; 'M9' lil . 5.30487 01' ~ )0 I " I <...0 u.t;' 1'Y :;:u ctE1B::;Y z/ ~8 \!ItA q~ < 0/' dj-, J'.r. '" '" d;.~,~." . .".. .1>, '" ' ...,.....<c '" S" ~ . . ." 'J 0.55 .AC. (cU ,)>~6 . PARCEL 2 rtJJ~ ~ <61~~ LC - 3~ ,\t ~ S 25'19'18' ~~ R- LC - S 23'36 '" 0... <{ ~ w w (f) GPo' Ull~ ~a\ .702 .. , 0.49 :: ~ PCL. 1".. e!d '''l . V> r '" !: .. ..' Il!.07' N 1Ie'1l6'llI" E: ... .. .. eJ :0."1 1.40 ~ lil AC.S. ,., )0 ~~ .... . ... 8- .. 21~.99' S B9'~2'12' E: S 86 "15':W " 5~6" 14.92' S 66'28'20' " 900 -()~49--AC~-------------' PARCEL 1 :> 21~. 99' S 89'42'12' E: ./~..~~ S 89'4 '12' E: ..... . ,1.0?-~9:........ .1......... !9?, I 1 %1 ..I ~!~ PARCEL ~I~ <\ ~~ 1 \'g) 107 S 1I'J'4 M ~ :g g 107.50' S a9'~2'12 E 1100~~~ I 0.62 AC. zl "'I "'1- ~Ir.l ;:~ 'I <I ! .. . . . .j , " FORM #1 EXIiIlII'l' II PETITION ANNEXATION TO THE CITY OF SPRINGFIELD TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION We, the undersigned, constitute the owners of at least one-half of the land area of the property described in the, attachment marked "Exhibit A" AND We desire to be annexed to the City of Springfield. A map is attached marked "Exhibit B," showing the affected territory and its relationship to the present city limit boundaries. The annexation constitutes a minor boundary change under the Boundary Commission Act and should therefore be considered by the Boundary Commission and, after study, a Final Order should be entered by the Boundary Commission. By Date J /- d., 0 '-0;/' . --' Date / / -.;;z. e -O;-! , f' By By Date By Date MAP# 17-03-24-31 LOT# 500 MAP# 17-03-24-31 LOT# 400, With the above signature, I am verifying that I have the authority to consent to the annexation on my own behalf or on behalf of my fIrm, agency or trust. Revised 11/28/00 Lf 7 EXIUIII'I' e , PETlll0N SIGNATURE SHEET Owners I Electors . (Note: This petition may be signed byqua/ified persons, even though they do not know their tax.l?t numbers.) OWY.c.- NAME ADDRESS TAX LOT NUMBERS Twp R Set;: % 1/16 Lot # (Example) John Doe 135 6tb Avenue East, Eugene , A .f Joe Proden ~1/ 1 d-L- ~ ~y 2290 Hayden Bridge Road 17 03 24 3 500 ' --. - A, I (~/J7 /J ~c. ,-';") ~,_J /J . ~.;2 q () lI<t-u {/~ H ~t. M S~L/ I ,,'"Tl i~if-/"P~t".A ~ /~- ; tl ()~ '1.4 3 I 500 '\ ~f:f:::jj; ~ {O> L.&"_--A f -, - "', 'Y, /""""'V" ",g;;'F!5 ilL 1t..d-c,JlIJI 17 n?:l >_<-/ ,~ I KUd '. \/illi.~ I: /.l'J..I"I"~~ I 0 , D~l\';;. ~ \. re..S\Ul.: . With the above signature, I am verifying that I have the authority to consent to the annexation on my own behaIt or on behalf of my fmn agency or trust . Revised 12/28/00 10 . . . EXHIBIT D ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Joseph Proden and Patricia A. Proden, as Tenants by the Entirety, ("PRODEN"). RECITALS A. PRODEN owns the parcel(s) ofland legally described in Exhibit A, the Property, and shown on the map attached as Exhibit B. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commission ("Boundary Commission") following minor boundary change processes. B. PRODEN has submitted to the City an Annexation Application Journal No. LRP2004- 00032, dated November 20,2004, for Assessor's Map No, 17-03-24-31, Lot 00500 ("Property"). C. PRODEN also owns a parcel ofland, commonly known as Assessor's Map No. 17-03-24- 31, Lot 00400, which is located northerly of the Property and outside of the City's Urban Growth Boundary (EFU Parcel). D. PROD EN wishes to annex the Property to the City and seeks support from the City for the , annexation before the Boundary Commission. The Springfield Common Council has adopted Resolution No. 05-10 supporting the annexation. E. The Property is currently designated as Low Density Residential on the Metro Plan and is zoned LDR/UF-I0 according to the Springfield Zoning Map. F. Annexation ofthe Property requires a showing under SDC 6.030(2) that the Property can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a, p.II-B-4, 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 with the exception of public sanitary sewer service, public stormwater management service, and street connectivity to adjoining property that fully meet City Standards. The purpose of this Agreement is to memorialize PRODEN'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 After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division ANNEXATION AGREEMENT - Page 1 of 10 (Revision Date 3/2/05) . . . facilities, sufficient to meet the City's requirements for the provision of key urban services including public sanitary sewer, stormwater, and transportation services necessary for an affirmative City recommendation for the annexation request. 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 avail~ble to serve the Property. H. An existing public sanitary sewer system is located within Vera Street and approximately 100 feet east of the easterly boundary of the Property. However, this existing public sewer is not connected to the remainder of the public sanitary sewer system and is therefore not useable unless and until the following improvements are constructed in conformance with the North Springfield Sanitary Sewer Master Plan: . A new Sanitary Sewer Lift Station (Lift Station) to be constructed in the vicinity of the future intersection of Vera Street and 19th Street. . Approximately 420 feet of gravity sewer main (Vera Street Main) to be constructed within a future easement from the existing public sanitary sewer line at the easterly end of Vera Street to the planned Lift Station at 19th Street. . Approximately 900 feet of pressure and/or gravity sewer main (19th Street Main) to be constructed within the 19th Street right-of way to connect the Lift Station to the existing public sanitary sewer located in the intersection of 19th Street and Yolanda Avenue. · The City of Springfield plans to budget funds sufficient to design' and construct the Lift Station, Vera Street main and 19th Street main within fiscal year 2005-2006. The City has further determined that it is in the public's interest to be reimbursed for a portion of the cost to construct these new sanitary sewer improvements from the benefiting properties. PRODEN is one of these benefiting property owners. · A new sanitary sewer main will need to be extended from the existing main in Vera Street to the property. Furthermore, new sanitary sewer mains will need to be extended across the Property to provide future sanitary sewer service to abutting developed and undeveloped properties that do not currently have public sanitary sewer service. These new sewer mains shall hereinafter be referred to as the "Sewer Main Extensions". I. 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. J. The Property is currently used as an orchard and the stormwater runoff patterns from the Property are currently undefined. Pursuant to the West Springfield Drainage Master Plan and the Public Facilities and Services Plan, the Property and other lands within the City's ANNEXATION AGREEMENT - Page 2 of 10 (Revision Date 3/2/05) . . . . Urban Growth Boundary (UGB) are planned to receive stormwater service via a future stormwater channel along the westerly boundary of the EFU Parcel to the McKenzie River. K. 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. L. Three existing public streets abut the Property as follows: . 16th Street abuts the southerly boundary of the property; . 1 ih Street abuts the southerly boundary of the property; and . Vera Street abuts the easterly boundary of the property. Furthermore, an additional segment of Vera Street is located approximately 150 feet westerly of the Property. M. The Property abuts three sides of another parcel of land, commonly known as Assessor's Map No. 17-03-24-31, Lot 00600, which is not owned by PRODEN and is not included in Annexation Application Journal No. LRP2004-00032. This parcel ofland, which is hereinafter referred to as TL 00600, is accessed from 16th Street via a private easement across the Property. N. 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 Boundary Commission, and in exchange for the obligations of the City set forth below, PRODEN shall comply with all requirements imposed on PRODEN 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 PROD EN. Consistent with the above recitals and subject to the issuance of subdivision and public improvement plan approvals, PRODEN agrees to perform the obligations set forth in this section. 1.1 Apply for Subdivision Tentative Plan approval, pursuant to Springfield Development Code Article 35, from the City for a residential subdivision on the Property within six (6) months of the effective date of the Boundary Commission's approval of PRODEN's annexation request. This section is subject to the requirements of Section 6, below. 1.2 Apply for, and obtain, Subdivision Plat approval pursuant to Springfield Development Code Article 35, from the City for a residential subdivision on the Property within two (2) years, unless extended by the City, of the date of the Limited ANNEXA TION AGREEMENT - Page 3 of 10 (Revision Date 3/2/05) . Land Use Decision issued by the City for any Subdivision Tentative Plan approval issued pursuant to Section 1.1, above. This section is subject to the requirements of Section 8, below. 1.2.1 PRODEN agrees that they will not transfer, sell, or assign their interests in the Property to any entity other than Corey Development, LLC until such time as the Lift Station, Vera Street Main, and 19th Street Main have been constructed and placed into service by the City. However, in the event that PRODEN, David Corey and/or Corey Development, LLC terminates its contract with PROD EN to purchase the Property, PROD EN may transfer, sell, or assign their interests in the Property to another entity or person prior to the time that the Lift Station, Vera Street Main, and 19th Street Main have been constructed and placed into service by the City. Any such new entity or person shall purchase the Property pursuant to the terms of this Agreement, (see Section 3 on Page 7) and PRODEN agrees to provide notice to any such new entity or person of the requirements of this Agreement. 1.2.2 PRODEN further agrees and understands that the City will withhold its issuance of building permits for the construction of dwellings on the Property until such time as the Lift Station, Vera Street Main, and 19th Street Main have been constructed and placed into service by the City. . 1.2.3 PRODEN further agrees to provide notice to prospective buyers of subdivision lots of the requirements of Sections 1.2.1 and 1.2.2. 1.2.4 PRODEN further agrees and understands that the City currently plans to place the Lift Station, Vera Street Main and 19th Street Main into service on or about July 1, 2006, but that the City does not warrant or guarantee that service will be available by that date. 1.2.5 PRODEN further agrees to hold the City harmless for any and all claims or cause of action that may arise from any delay of the development of the Property as a result ofthe City's performance, or lack thereof, toward constructing the Lift Station, Vera Street Main, and 19th Street Main. 1.3 Develop on-site and off-site public sanitary sewer conveyance systems to provide sanitary sewer service to the development as follows: 1.3.1 Subject to City Engineer approval of the requisite public improvement plans, PRODEN agrees to construct public Sewer Main Extensions and additional sanitary sewer systems within the Property in an orderly and efficient manner such that development of the Property is served as well as abutting public rights-of-way and private properties, including TL 00600. . 1.3.2 Prior to or concurrent with Subdivision Tentative Plan approval by the City for any portion of the Property, or within 60 days of their receipt of written ANNEXATION AGREEMENT - Page 4 of 10 (Revision Date 3/2/05) . notification from the City that the Lift Station, Vera Street Main, and 19th Street Main will be advertised for construction bids, whichever occurs later, PRODEN will pay in full to the City the amount of $1 ,667 per lot within the approved Subdivision Tentative Plan. City and PRODEN hereby agree that such payment amount, in addition to the anticipated local Sanitary Sewer Improvement SDC fees to be paid upon issuance of building permits for new lots on the Property, com~rise PRODEN's share of cost for the Lift Station, Vera Street Main, and 19t Street Main. 1.3.3 As an alternative to the payment method provided in Section 1.3.2, above, PRODEN agrees and understands that the City may initiate a Local Im~rovement District (LID) to construct Lift Station, Vera Street Main, and 19t Street Main. PRODEN further agrees and understands that the assessment per lot as determined by the LID proceedings may vary frorri the , payment described in Section 1.3.2, above, and that the City will not be bound from imposing such an assessment. In the event that the City does initiate said LID, PRODEN shall abide by the terms of Paragraph 5. below. 1.4 Develop on-site and off-site public storm water management systems to provide drainage service to the development as follows: . 1.4.1 Prior to occupancy approval for any new dwelling on the Property, and subject to City Engineer approval of the requisite public improvement plans, construct public stormwater management systems to collect, treat, convey and discharge stormwater from the Property and the upstream tributary areas within the Springfield UGB to an approved outfall into the McKenzie River. 1.4.2 Prepare the studies, plans, permit applications, and other supporting documentation to obtain the permits and other approvals necessary to construct the stormwater management system: a) across the EFU Parcel; b) across any Lane County public rights-of-way or easements; and c) to construct an outfall and discharge stormwater runoff into the McKenzie River. The City anticipates that the system that crosses the EFU Parcel will be constructed as an open conveyance channel constructed to City standards, including trees and other vegetation to stabilize the channel and to provide stormwater quality treatment. . 1.4.3 Grant to the City the easements necessary to access, operate, and maintain a stormwater management system on the Property and on the EFU Parcel. Easements for piped portions ofthe system will be a minimum of 14-feet wide and may be wider depending upon the size and depth of the pipes within the easement. Easement widths for open channel portions of the system shall be determined based upon the design width of the channel plus 10 feet on one side and 25 feet on the other side to accommodate access and maintenance by City personnel and equipment. Actual easement widths and locations will be determined during the Subdivision Tentative Plan review. ANNEXATION AGREEMENT - Page 5 of 10 (Revision Date 3/2/05) . . . 1.4.4 PRODEN and the City shall share in the cost to construct the stormwater management systems described herein as follows: 1.4.4.1 PRODEN shall bear the full cost to construct all of the stormwater management systems located within the boundaries of the Property that may be necessary to accommodate flows generated from the development of the Property as well as flows generated from lands that are tributary to the Property. 1.4.4.2 PROD EN and the City shall share the cost to construct all of the necessary stormwater management systems located within the boundaries of the EFU Parcel and any other portion of the system that may be located outside of the boundary of the Property. The City share of the cost shall be provided as described in Section 2.4 of this Agreement. 1.5 Subject to Subdivision Tentative Plan approval and City Engineer approval of the requisite public improvement plans, PRODEN shall bear the full cost and obligation to develop and construct a fully-improved on-site public street system to provide for , the logical and orderly extension of the following public streets: 1.5.1 Vera Street: in an east-west alignment to extend from its existing terminus at the easterly boundary of the Property to the westerly boundary of the Property in an alignment to facilitate this street's future extension to the portion of Vera Street lying westerly of the Property. " 1.5.2 16th Street: in a north-south alignment to extend a minimum ofa 2/3 street from its existing terminus at the southerly boundary of the Property to Vera Street. 1.5.3 1 ih Street: in a north-south alignment to extend from its existing terminus at the southerly boundary of the Property to Vera Street. 1.5.4 Additional public streets within the Property extended to provide access to TL 00600. 1.6 PRODEN knows and understands its rights under Dolan v. City of Tigard and by entering into this Annexation Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of PROD EN, for payments, financial responsibility and reimbursements set forth in Section 1, required herein are roughly proportional to the impacts of the development of the Property. PRODEN' further waives any cause of action it may have pursuant to Dolan v. City of Tigard and its progeny arising out of the actions described herein. ANNEXATION AGREEMENT - Page 6 of 10 (Revision Date 3/2/05) . . 1.7 PRODEN knows and understands any rights it may have under Oregon Revised Statutes Chapter 197 as amended by Ballot Measure 37 passed November 2,2004. PROD EN for itself and its heirs, successors, and assigns hereby waives any claim or caUse of action it may have under such ORS provisions against the City of Springfield. 1.8 Provide and be financially responsible, including the construction and maintenance thereof, for the provision of any additional urban facilities and services identified during the review and approval of the Subdivision Tentative Plan and/or the public improvement plans as necessary to serve the development of the Property. 1.9 In determining PRODEN'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 but not be limited to 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 Initiate and support annexation of the Property to the City of Springfield before the Boundary Commission and support PRODEN's defense of any appeal of a decision of the Boundary Commission annexing the Property to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plans, Subdivision Plats, and Public Improvement Plan applications in accordance with, City procedures for the development of the Property. 2.3 Endeavor to complete construction and place into service the Lift Station, Vera Street Main, and 19th Street Main prior to July 1, 2006. 2.4 Upon receipt of an Invoice, in a form and content satisfactory to the City Engineer, from PRODEN, the City shall reimburse PRODEN, for a share of the full cost of constructing stormwater management systems located outside of the boundaries of the Property. The City's cost share shall be limited to not more than 50% of the full cost to construct said systems as determined and/or verified by the City, or the estimated Stormwater SDC's that may be collected during development of the Property, whichever is less. The estimated Stormwater SDC's shall be determined based upon the number of lots within the approved Subdivision Tentative Plan, an estimated impervious area of 2,640 square feet per lot, and the Stormwater SDC rates in effect at the time. that the Invoice is submitted to the City Engineer. 3. Covenants Running With the Land. It is the intention ofthe parties that the covenants herein . are necessary for the annexation and development of the property and as such shall run with ANNEXA TION AGREEMENT - Page 7 of 10 (Revision Date 3/2/05) . 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 and burden upon the Property. This Agreement shall be recorded upon its execution in the Land County Deeds and Records. Except as set forth in Section 1.2.1, this Agreement may be assigned by PRODEN and shall benefit any assigns or successors in interest to PRODEN. Execution of this Agreement is a precondition to the support of the City of Springfield for annexation of the property described in Exhibit A for the City of Springfield. Accordingly, the City retairis all rights for enforcement ofthis Agreement. 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of a Subdivision Tentative Plan. For the purposes of this Agreement, "developed" shall mean and include, but not be limited to, clearing; grading; construction of public or private structures or infrastructure; or any other activities that are not .directly or indirectly related to the current agricultural use of the Property. 5. Waiver of Right of Remonstrance. PRODEN 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 of Springfield and to waive all rights to remonstrate against these improvements. PRODEN does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to PRODEN to be inequitable or operate unfairly upon the Property. PRODEN waives any right to file a written remonstrance against these improvements. PRODEN does not waive its right to comment upon any proposed local improvement district or any related matters orally or in writing. . 6. Land Use. Nothing in this Agreement shall be construed as waiving any requirements ofthe 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 permit application submitted by PRODEN. 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 City Council. This Agreement shall not be modified such that the key urban facilities and services as defined in the Metro Plan Policy 8a, pJI-B-4 and as required herein are not provided in a timely manner to the property. 8. Mutual Cooperation. City and PROD EN shall endeavor to mutually cooperate with each , other in implementing the various matters contained herein. 9. Invalidity/Severability. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. . ANNEXATION AGREEMENT - Page 8 of 10 (Revision Date 3/2/05) . DATED this -4- day of YAaJt ~, 2005. IN WITNESS WHEREOF, the PRODEN and City have executed this Agreement as of the date first herein above written. JOSEPH PRODEN 9~'~ PATRICIA A. PROD EN Q~Q.{ode~ STATEOFORE~ } COUNTY OF ' 55 BE IT REMEMBERED that on this L{ ~ay of 1~ ,200 ~ before me, the undersigned, a notary public in an~d County and State, personally appeared the within named JOSEPH PROD EN whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offcial seal the day d year last above writte~. , ~,(! , OFFIOIAL SEAL . ~ BRYCE R JESSEN Notary Pubh or Oregon ' NOTARY PUBLIC-OREGON 9ft /l COMMISSION NO. 372139 (t) {) MY COMMISSION EXPIRES SEPl10, 2007 M C " E . 7 y omrmSSlOn xptres STATE OF OR.EjJON COUNTY OF ~ } 55 --:It... BE IT REMEMBERED that on this Lf day of ~A- ,200 5 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named PATRICIA A. PROD EN whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that she executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. OFFICIAl. SeAl. IlRYCB R .JISSElN NOTARVPUSLIO-OREGON COMMISSION NO. 372139 MY COMMISSION EXPIRES SEPT 10, 2007 . ANNEXATION AGREEMENT - Page 9 of 10 (Revision Date 3/2/05) . . . STATE OF OREGON COUNTY OF LANE } ss BE IT REMEMBERED that on this 14 day of /...{ tlYclL 2005 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Mike Kelly whose identity was proved to me on the basis' of satisfactory evidence and who by me duly sworn, did say that he is the City Manager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. NO~~C~N / I r-';). d-/;)()() ) MY COMMISSION ExpIRES _OFFICIAL SEAL .' AMY LSaWA , ) NOTARY PUBLIC OREGON \. ./ COMMISSION NO. 352109 ", .... MY COMMISSION EXPIRES NOV. 22. 2005 REVIEWED & APPROVED A~~R~ ~ DATE::::tj....., (Q~ OFFICE OF CITY ATTORNEY ANNEXATION AGREEMENT - Page 10 of 10 (Revision Date 3/2/05) . EXHIBIT A Parcels I and 2 of Land Partition Plat No. 92-P0235; filed July 21, Lane County Plat Records, in Lane County, Oregon. EXCEPTING THEREFROM: Any portion lying within that tract set out in that judgment in Lane County Circuit Court Case No. 16-92-04047, notice of which was Recorded January 10, 1994, Reception No. 94-01874, Lane County Oregon Deed Records, in Larie County, Oregon . . (This annexation Resolution including only that of Parcel #2) . . 'l_ 1 1 r . . ~ ~ l'1 '0 I' .- '. . .t'\I'lU I r\/\r\ I I V r 'I .' O.NLY CITY o~ SP~GF1ELP 17-03.24.31' 1"L '400., 500.. . EXIUIJI'I' IJ " . 100 200 1.71 AC.T. 2.84 AC.T. 400 9.02 AC.T. PARCEL 1 . .' > &10 f::l POI 8'" .. ~\~~ ~~ 8.17 AC.5. <f} ~~, f - 0.85 AC.S. . 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