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Home My WebLink AboutAIS PLANNER 3/10/2008 Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: ' March 10, 2008 Special Regular Mtg Development Services Jim Donovan '11L', 726-3660 IJ'~ 5 Minutes AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMPACT: RAINBOW WATER DISTRICT WITHDRAWAL EC SP 07-60, CITY PLANNING JOURNAL NUMBER LRP2006-00007 (TROTTER) The Council is requested to conduct a public hearing and first reading of the attached ordinance: AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS TROTTER LOCATED IN WEST SPRINGFIELD, EAST OF ANDERSON LANE AND SOUTH OF KELLOGG ROAD AND INVOLVING APPROXIMA TEL Y 0.45 ACRES IDENTIFIED AS TAX LOT 600 Tl7S R03W S33 MAP 11; HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT, Oregon Revised Statutes (ORS 222,520) require that territory located in the Rainbow Water District, which is annexed to the City Of Springfield, be withdrawn from that district to prevent double taxation. ORS requires withdrawal prior to March 31" of each calendar year. The owner requested annexation in order to develop the property for urban use, Th,e subject property was annexed to the City of Springfield effective on December 4, 2007, Attachment I: Ordinance with Legal Description, Boundary Commission Staff Report with Maps, City Council Resolution and Notices of Adoption Legal notice for tonight's public hearing was published in the Register Guard newspaper as required by ORS 222,520 and notices were posted in four public places, A second reading and adoption is scheduled for March 17,2008, '. 'i. ORDINANCE NO. " , ' (Special) AN ORDINANCE WITHDRAWING CERTAIN: REAL PROPERTY' KNOWN AS TRu II toR lOCATED IN WEST SPRINGFIELD, EAST OF ANDERSON U\NE AND SOUTH OF KEllOGG ROAD AND INVOLVING APPROXIMATELY 0.45 ACRES IDENTIFIED AS TAX lOT 600 T17S R03W S33 MAP 11; HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE . RAINBOW WATER DISTRICT. WHEREAS, certain real property desCribed below was annexed to the City of Springfield by orde~ of lane County local Govemment Boundary Commission under Boundary Commission Number File EC SP 07-60, effective 12/04/07, as recommended in City Planning File No. lRP2006-00007 and supported by City Council Resolution No. 07-36 (and further described in Exhibit A & B), and WHEREAS, the property to tie withdrawn is;located within the boundaries of the Rainbow Water District, and, :' , . I WHEREAS, the Cityqf Springfield Common pouncil held a public hearing and first reading in the Springfield City Council Chambers on March 10, 2008, and a second reading and adoption on March 17, 2008, in accordance with ORS 222.524, for the purpose of hearing any objections to the withdrawal of the property from the public service district mentioned and there having been no objections raised. .! NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS,FOllOWS: Section 1: The Common Council of the City; of Springfield does hereby detennine that the' real property described should be in the best interest ofthe City of Springfield withdrawn from the Rainbow Water District in Lane County, Oregon, insofar as the property is located therein. Section 2: The Common 'Council of the City of Springfield does hereby detennine that the following described real property within the boundaries of the "Rainbow Water District is and shall be withdrawn from the Rainbow Water District in' Lane County; Oregon, said property being described as follows: Township 17South, Range 03West, Section 33 Map 11, Tax lot 600; as more particularly described in Exhibit B of this ordin'ance, Boundary Commission File Number EC ~~ro ' ADOPTED by the Common Council of the City of Springfield this 17h day of March 2008, by a vote of for and against. .' APPROVED by the Mayor of the City of Springfield thi~ 17th day of March 2008. 'I'. Mayor ATTEST: City Recorder ~=......,.... >~........... '2. I :2 i"Ll; 6::,. ATTACHMENT 1 - 1 ! [;" -->-,~.-.'. , ' ,~ . . . '1, , I ... . ;, .~..'"--,.~.- A - ~~~~-~ "'. tXHIB.l' A- 1'" , . . ~11: . '.' Exhibit A ,.' , '. ... .', Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. f(1r the Northeast comer of a certain half acre tract; said stone heing according to survey 18.03 chains' East ofa point 9.78 chains South of the Southeast corner of the Mahlon H. Harlow Donation Land Claim No. 57, in Township 17 South, Range 3 West. Willamelle Meridian. and nmning thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E. Campbell 'Donation Land Claim No. 59, thence South along said West line of Claim No. 59. 2.879 chains: thence East 1.58 chains to the place of beginning, in La'IteCounty. Oregon. c .... .' , .~. .~ " . / . ATTA~~~~~ ~ .I EXHIBIT A P2 MAP No.2 SITE MAP Annexation 10 Springfield (Troller) ECSP07-6O 1~- ! --wl:QUTHER KING J l , ' ,r I I '.2Tl ~-~-AOO;,,_ /) 22!/-Ai , ANNEXATION AREA Includes TL 600, 17-Q4-33 Map II; Owned by Betty Trotter' (EC SP f17 - 60) Legend _ Trotter property L-J Tax Lots ", UGB city limits .. Ifl I I I' '-,i --- --- N + 250 o 250 500 Feet LcLGBC Staff Analysis tEe SP 07 - 60)'- November 26, 2007 Page90f9 ' , ATTACHMENT 1 -3 ' fl/4 SEe: 33 T.17S. : r lANE COUNlY SCALt ,. - 1 ocr 3W, W.M, EXtl1B~:5 ~r 1 f3 ... rr...... ..,_H~ ""'_,'lI . . ....6"t:'_...c~ f '.-'''''-'''. : !:I" " t .a:~, Z4r~~"-:~:-~ z- I ,.-e doo , ..--- --..-, .." · 'k: -):;I' '--'.-" '...........,'-:.rr. -~: \l~ft.< ;01 ' -- 'L \. ;..111' l .... I ' .... '" ' . > , !" I' 'l" I ' ::n.:!:.:f " I " , ! 4..i'~c~ i ~ :""'''''..~_..- ,__~7 -+1~/::N~<'~'" 'J'~i J3 34 J ' , I 'k_ L! I~" -~.. r; 'n'r J.m~ il ' liJ.~~' I! : NAD 83/91 , SEE IW' 17 OJ 2ll 4 '''~'-"l'''U . ~. .-4L-' ~~-~~. .. . .-- 802 -I ~.. "'" o ' D .' f I COH:ElUIl "'" "" lOll IlOZ .., I r ~ I I . i I . , I , I l I l . j . . I . I J I I I ~ '. r:::----""<:"'- ,I.... BOa -.,..' .' " .: ~ I . l~..6"..--"~1 , , . . + I Q' . ....-,~Jl'r:~~. "di ro" ..... -. ,..,...... -"'.. ~..- 1'~E' T4U ....... --. 1.lI_ ._c ~ - ~ - ~ - ~ - ~ - ~ - 1.1.... ._. ~ ~ :: ;ti ~::. :=: a := --" ~ ~'~ w _ .-. ._, Ol91=OO ._, I , . .~,. ~ \ .-...- . -~_....... .~.Ir'~ a ~~ " i .'\.._{; '. ~ 200 '. .... '~.......~~,; ''ll :-,i/Il\, ~~OQ. ~ ~019.:.o0.: I' ~I 7oa~~ ct " E '. .. ,."_"4"-...;,,.,...:'IOW '.2'" _ . ~ '__", ,:'':_f-:.n.u-"'' ..gJi':.~~;....,;.z..II4~':. i-_'7i.; -...-- I a ,1-,., 9G4 tl OJ I' c::...":;.-;:,.~ .. ..t.' 8 U7UB:I ~... 10 '" . . .~,,::;I' 1 '!lO.4 lROAD ...I...,~ llO5 ~.. l}: ': :.~-r'" !i.~K:.; JOI .:- ~o '--~..,.., /Yo ~07 ' :I "-:.:; ..., tl L u:I __n. ~;l ~~ J' '1'/ 'l,~t jil',_w'l[, ;;I'" 4 :-r--7U.1"-.- ~J;} .; ~ . .. , SOl . v.+.'....~....ll~~~ ~ ._401'" .< SUB JEer ~ ,~ .:i S01f\' i~ ' sea, . ~ll t ~~. --::=- '" s-'!'rooE' ~ ' ., \ ,I~. " 402 " Ij '1 I ...... ~~" ~J' _, ~ "6Oci-M:, . ':~~' 1!t : -()<,)', Jr :~:; ll! ~"?l~! 4n,; ..~: ~~r~;~'/Y l~ Sl11 ,. ;,t~ 7.. . ..r -1.~~'- \ ~ AVE. ' r . '!If l ,r ~'<<J.c --'ri')' '] I '~ ~:a : ~~ .::..;: ~ .".,..~w .. U ~~.J) ~ ~.Il' "':(:41 ow"! ,41% ,. h. ~.,. tI~6~ ' -_. ..."", > ../I"'..... "';...,,. ~ -. - --'1 'I'-~' ,--' ,.--. <(. ,...' 9, Z ' ,l SIJ . 5QQ '[0405', C p..\ I ~ u!~' ",,' h 914 ~ .. 2. .; < .=:~ , _I' ..1,.."....' . , " <{ 7'\ ~ ' .. ~l !It '{i;- n 411 I'j -~... ... . ~ ........U) ~~ : ocr": ...~~ 0 .. ct: !II' -. lLJ . .... , 9'5' W I;" ~ - ~;"...,... - '410. 1 i CJ I i~ r ~t -, ~ 1 I ~ 13 Z l 11 ~ l <:'[ ". I ~~I l~"1':~-7l ..~~ ". .1 ,~. S" , ... . "71.... I .. ';:::'_: _ .._...... " I \ .._....._ . SEE""";,70J3J14 ' ATTAC~MENT 1J- 4 ...~.... - ,-, ,-, ,~, , . q '''_f urn..., 's. ..... :3 1_'f .-.. l::i r_E en , Lf'l , I ~ -, ~ ~ _ K. ,.1.;-- I'! !~~ l!n .. oa. f ~ i . t...-- ~ " 'I.: l !.! Iii ; ~ , " I!:. i i I.."l\ iP"I: "d;j ~ . ! : l, ii; i Ii i tJJ~U" , --" ~ " i ! S17 IS .., ....'" ! 17 03 33 11 , . r- EXHIBIT B - P1 ~egon LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION " . . . ' 99 East Broadway Suite 400 Eugene, OR 97401-3111 (541) 682-4425 FAX (541) 682-2635 November 26, 2007 TO: SUBJECT: Boundary C6rrunission Members;Lan~ County Commissioners; Lane County Land Management Division; Lane County Environmental Health Division; City of Springfield; Willamalane Park and Recreatiop District; Rainbow Water, and Fire District; Belty Trolter; Gary Reed; and Doug Vj eber Paula L. T~ylor, Executive. OffiGtWb-/~, EC SP 07 - 60 (Expedited,I1v~"J..rre) , ANNEXATION OF TERRITORY TO THE CITY OF SPRINlJ!'lliLO (frOlter) FROM: Enclosed is a 'copy of the staff analysis for this proposal. It is sent to you as required by ORS ,199.466. Please read the analysis carefully. The proposal is, recommended foraDDroval without a miblic hearinl!, or further staff study. There are two altCrnatives: I. If you agree with this recommendation, you need do nothing. 2. If you feel that a public, hearing is needed, you must request, in writing by December 4, 2007, that a hearing should be set. The request must be in the corrunission's office by 5:00 p.m., December4lh. You must use the form that is , provided ,'at the end of' the staff analysis to request a hearing. For units of government, the form should be signed by the chairman/mayor or other authorized person. If you or your unit of government requests a public hearing, the boundary commission asks thai'you attend the :requested public hearing. If a hearing is requested, it will be set for the next availablt; boundary corrunission public hearing. IF YOU HAVE ANY QUESTIONS REGARDING 'I1IE PROPOSAL OR PROCEDURE, PLEASE CONTACT OUR OFFICE (541-682-4425). 'Altachments pl: LCBC: L'\JIClEXPlMEMOI200MCSP0760 MEM,DOC Last S(lll~d; NO\l~mMr 26. ilXJ7 ATTACHMENT 1 - 5 EXH1BIT B ~ P2 EXPwu J:llJ PROCEDURE - STAFF ANALYSIS LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION Annexation of Territorv to t.1:,e City of Snrinweld (Trotter) 1. BC File EC SP 07 - 60 Initiated by Resolution No. 07-36 and Resolution No. 07-46 by the City of Springfield with consents from the owner Action under ORS 199.466 and 'I 99.490(2)(a)(A) of the boundary coInrnission law Received November 9, 2007 ' Public hearing requests by December'4, 2007 Descrintion The annexation area includes one tax lot located,in west Springfield, south of Kellogg Street, east of Anderson I..ane,and west of Rayner A venue Property owner: Be,lty Trolter (294] EdgCW'U:T Dr; Eugencj Tax lot: 600, TI7S R03W S33 Map I I Acres: :t ,0.45 Estimate of existing population: 3 (one single-family residence) Existing'land use: Residential , Existing zoning in Lane County: lDRIUF, low"density residential with urbanizing fringe overlay , ' Applicable comprehensive plan: Eugene-Springfield Metropolitan Area General Plan (acknowledged August 1982 and has been 'subsequently amended) Existing public seivices to ,the' property: Poli~e (Oregon State Police, Lane County Sheriff), schools (Springfield School Distris:t 19), roads (Lane County), water (Rainbow Water and Fire District), fire (Rainbow Water and Fire District contracting with the City of Springfield), parks (Willantalane Park and Recreation District),'wastewater (onsite individuai wastewater system), electricity (SUB) Reason for Annexation The p,vP"uY owner requeSted annexation ill order to prepare the annexation area for additional residential develvp.~:"'..l. The Eugene-Springfield Metropolitan Area General Plan requires properties to annex in order to receive urban services. This annexation proposal was filed with the boundary corrunission on November 9, 2007, in accordance with ORS, 199.490(2)(a)(A), initiated by the p'vp""y owner, and ORS 199.466 (expedited procedure). No other privately owned properties are included in the annexation request. The statutory ~quirement for consents from owners of more than one-half the land area and assessed value'is met.' ORS 199.466 authorizes approval of annexations without a public ~earing or adoption of a final order if reque~ted by the principal petitioner. Under the. expedited procedure, the boundary LCLGBC Staff Analysis, (EC Sp en - 60) - November 26, 2007 ' , Page I of9 ' ATTACHMENT 1 - 6 " EXHIBIT B - P3 , corrunission executive officer must prepare 'an analysis of the proposal within 15 days from its receipt. If, after 25 days from the filing date (in this case, December 4111),no written objections are received from direct recipients of this staff analysis, the request is approved. However, if any direct recipient of this staff analysis does object, the proposal is scheduled for the next regular boundary corrunission public hearing. Direct recipients are, the individuals eligible to request a public hearing and are listed below under the first boundary c;:orrunission standard. , , The proposed annexation area includes one full tax lot developed with one single-family residence (refer to Maps No. I and 2). The owner of the P'VP<" 'j requested annexation in order to prepare the property for additional residential development. i The annexation area is contiguous to the main body of the City of Springfield and is in an area totally surrounded by the Springfield city limits. It is located within the acknowledged urban growth boundary (UGB), which is located about 600 feet to\J1e south. The existing zoning of the annexation area is LDRIUF-IO, low-density residential with urbanizing fringe overlay, in'Lancr County. It is designated low-density residential in the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). Upon the effective date of the annexation, the annexation area will be automatically zoned lDR. The lDR zone is consistent with the low-density residential plan designation. Resolutions No, 07-36 and No. 07-46, unanimously approvl,ld by the Springfield city council on July 16, 2001 and November 5, 2007, respectively, indicated that the annexation area can be provided with key urban services and requested that the resolution be forwarded to the boundary corrunission. The city council reviewed the Annexation Agree~ent' between the city and the p.vp""Y owner outlining the agreements between the''two parties for the provision of urban services and financing responsibilities before supporting fue;annexationc Following is a brief analysis of each of the boundary corrunission standards. Provide an impartial forum for ,resolution of local jurisdictional questions. Consider the effects of the boundary change on other units of gove1?lmlmts. ORS 199.410(l)(b) and 199.410(3)(c) This annexation request was filed in ~ccordance with provisions iri ORS 199 and was deteirnined to be a valid filing in accordance with' OAR 191-006 (adopted administrative rule on boundary commission filing req1,1irements). The petitioner requ'ested the p.vpvsal' be processed using the, expedited procedure. This staff an~ysis was sent to the 'following direct recipients: Lane boundary corrunission members, Lane County corrunissioners, Lane County Land, Management Division, Lane County Environmental Health l?ivision, City of Springfield, Rainbow Water and FIre District, Willamalane Park and Recreation District, Belty Trolter, Gary Reed, and Doug Weber. LCLGBC Staff Analysis (ECSP'07 - 60) - November 26, 2007 Page20f9 ' ATTACHMENT 1 - 7 . EXHIBIT B P4 , , The annexation '!Tea is within the Rainbow Water and Fire District. If the annexation is "ppw,'ed, the aimexation area will be withdrawn from !he water district through sepafate proceedings by the City of Springfield in accordance willi ORS222. Water service will be provided by the Springfield Utility Board (SUB) on behalf of the City of Springfield. The Rainbow Water and Fire District contracts with the, City of Springfield for fIre services. If annexation to the city occurs and the annexation area is withdrawn from the water district, the City of Springfield will provide fire services to the annexed area directly. ' This annexation request is in the Willamalane Park and Recreation District. The City of Springfield is a part of this special district and receives park and recreation services from the district. After annexation to the city, the annexed property will remain in the park and recreation district. Upon the effective date of the annexation, the area will be annexed automatically into the Lane County Metropolitan Wastewater Service District [ORS I 99:5 I 0(2)(c)j. This special district was formed to provide the' financing for the regional wastewater treatment plant serving wastewater users within the cities of Eugene and Springfield and other'users within the urbanizable area This request is consistent with this boundary corrunission standard. Consider the orderly determination and 'adjustment of local government bounoories to best meet .the needs of Lane County and Oregon. Consider alternative solutions where intergovemmentaloptions are identified and make decisions based on the most effective long- range option among identified alternatives. ORS199.410(1), 199.410(2), and 199.410(3)(a) and (e) , The annexation area is located within the acknowledged UGB of the Metro Plan and is contiguous to the main body of the City of Springfield. Territory within the UGB ultimately will be within the City of Springfield. Annexation of this property fulfills the policies adopted in the Metro Plan of annexing out to the urban growth boundary. " The incremental proCess of annexation causes short -term boundaries to be established. The , acknowledged comprehensive plan ,in this area identifies the City of Springfield as the unit of government, which will provide urban services 10 this urbanizable area within the UGH. In the long term; territory within this geographic area wili be annexed to Springfield. , , This annexation is consistent with boundary corrunissioq administrative rule implementing policies (I), (2), (5), and (7) which recognize annexation to an existing city as the preferred method of servicing urbanizable land. . (I) This policy recognizes cities as the logical providers of urban levels of service within urb~ growth boundaries when consistent with the cvu.p."hensive plan. LCLGBC Staff Analysis (ECSPl17-60)-:-November 26,2007 Page 3 of 9 ' ATTACHMENT 1 - 8 EXHIBIT B -, P5 (2) This policy' expresses the corruni~sion's preference for providing urban services through annexation to a city' in order to provide urban services to urbanizable lands. (5) This policy encourages provision of urban levels of service within urban growth boumjaries. (7) This policy expresses the corrunission.'s preference for annexation to an existing city over all other alternatives as a means of extending services to urbanizable lands. Implementing policy (3) recognizes that in order to meet the long-term objectives of annexil)g out to an acknowledged UGB,short-term boundaries are created, which are logical within the context of the future service boundary. The annexing property is In an area totally surrounded by ,the Springfield city limits. Approval of this annexation will reduce the sjze of this islanded area. This proposal to annex territory to the City of Springfield is consistent with boundary Commission policies and this standard. Make bounoory commission determinations, which are consistent with acknowledged local comprehensive plans. Assure an adequate quality and quantity of public services required in the comprehensive plan io meet eristing and future growth. For major bounoory changes, there must be assurance that the proposed unit ,of government is financially viable. ORS 199.410(1)(d), 199.410(3)(b) and (d) The annexation area is within the Metro Plan UGH. The Metro Plan was acknowledged by the Land Conservation and Development Corrunission (LCDC) in August 1982 and has been subsequently amended. The Metro Plan recognizes' anm:xation as the highest priority for extending the minimum range of urban services to urbanizable areas (policies #8 and #10, page, ll-C-4) and recognizes that ultimately"all territory within the UGB will be annexed to an existing city (policy #16, page II-C-5). The annexation area is designated as low-density, residential in the Metro Plan. Upon the effective date of the annexation, the private property will be;automatically rezoned to lDR in the city. The annexation area ,will take advantage of urban service delivery systems that are already in , place to serve this area.' The following services are either'av'ailableor, can be extended to the annexation ar,ea. Water - The Rainbow Water and FIre District' provides ~ater service to developed p' ~p....ies in this region of the urban growth boundary. Following annexation, the City of Springfield will withdraw'the p.vp""y from the water district in accordance with ORS 222 and the SUB will provide services directly to the annexation ,area. Springfield staff indicates that there is an LCLGBC Staff Analysis (EC SP 07 - 60)- November 26, 2007 Page40f9 ATTACHMENT 1 - 9 'EXHIBIT B - P6 existing 4-inch water line located in Anderson Lime that serVes the existing house and can serVe , . . . .. . new development within the annexation area. Electricitv - SUB indicates that it provides electric service in ,this general area and can provide service to new development within the annexation area. Police services - The Springfield police department can provide police protection to the area after annexation without jeopardizing service in other parts ~f the city, Springfield police already provide service to nearby ,properties within the city. Fire and emerl!encv services - FIre protection is currently provided by the Rainbow Water and Fire District via a contract with the City of Springfield., The city will provide fIre protection services directly to this ,site after annexation. Springfield fire stations are located at Sill Street and Moffitt and Pheasant Avenue and Hayden Bridge Road. If the annexation is approved, the area will be withdrawn from the water district by the City of Springfield in accordance with ORS 222. Emergency medical transport (ambulance) services are provided on a regional basis by Springfield, Springfield, and Lime Rural FirelRescue to ceJitral Lane County. 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 - The annexation area is within the' Willamalane Park and Recreation DistriCt and will remain in the district after it is annexed to Springfield. The district operates two aquatic centers, a c01l11Ilunity center, an adult activity center, and 31 parks containing a variety of outdoor recreational amenities. The closest park to the site is Volunteer Park located directly across the street from the annexation area. ' Schools - Springfield School District 19 serves this area. Existing schools-Centennial elementary, Hamlin middle" and Springfield high-serve this neighborhood and can accommodate students resulting from new development occurring withip the annexation area. Wastewater - Springfield planmng 'st,aff indicates that the annexation area can be served from an existing 8-inch wastewater main thatterrninates at a manhole approximately 4S feet north of the annexing tax lot; The existing system was not intended to serve the annexation area or lands to , the south due to its shallow construction. However, service can be provided to the annexing property by allowing an interim connection to the manhole now with an agreement to connect to the permanent wastewater extension to the south along Anderson Lane pursuant to the Annexation Agreement between the city and the owner. The wastewater line will be extended to the southerly boundary of the annexation area and will serve only the annexing tax lot. No service will be provided to areas outside the Springfield's city limits. The existing home will be cOIIDected to the new wastewater line when it is extended during the partition process: An application for the extraterritorial' extension of the wastewater line is being processed concurrently with ibis' annexation request (refer to BC File EX S ~7 - 6 I). La...GBC Staff AIialysis;CECSP01-60)-November 26, 2'007 ' PageSof9 ATTACHMENT 1 -10 EXHIBIT B - P7 Stormwater - Springfield planning staff indicates that the eXlsung public ,stormwater management system nearest to the annexation area is located approxirrIately 1,000 feet to the south at Walnut Place. , A new public stormwater system serving the site and surrounding properties is planned to be constructed in Anderson Lane in the future. The property owner is required to financially participate in the design and construction of the future line and connect to the permanent system consistent with ,the Annexation A6;",,,,went. Onsite dry wells will be . required during the partition. process to serVe the annexation area until the, permanent system is available. Streets - Access to the annexation area is from Anderson Lane, Consistent with the Annexation Agreement, the applicant will be required to sign an hnprovement A&,,,,,...ent obligating the owner(s) to pay a proportionate share of the costs to improve Anderson Lane to full city street , . standards. The city engineer supports annexation of Anderson Lane when it is fully improved; therefore, no existing right-of-way is included in the annexation request. Solid waste manaQement - Private firms and individuals collect and transport solid waste to the Lane County administered landfill. ' , ' Communication facilities - Various providers offer both wire and wireless communication services in the Springfield-Springfield metropolitan area. Existing providers ana those entering the market have the capability to provide service to this area. Land use controls -' The annexation area is within Springfield's portion of the urban growth boundary. Through 'an intergovernmental agreement betwe~n Lane County and the City of Springfield, the city already has planning and building jurisdiction for this p' up",..y. The city will continue to adtninister land use controls after annexation. The tninimum level of required services are either immediately available or can be provided within a reasonable future time frame as needed, This request is consistent with boundary, corrunission policies and'this standard. Consider the comprehensive plan's economic, 'demogrdphic, and sociological trends and projections and its environniental policies, pertinent to the proposaL ORS 199.410(3)(d) and 199.462(1) , The annexation proposal is consistent with the Metro Plan, as It IS an'incrementa] slep' in implementing the long-range plan for this area. The UGB,hind uses, and policies in the Metro, Plan were developed to meet the future needs of the metropolitan community.' The proposed use is consistent with the long-range plans for the area. This proposed annexation is consistent with this boundary c~rrunission'standard. LCLGBC Staff Analysis (Ee sp rn - 60)- November 26,2007 Page60f9 ATTACHMENT 1 -11 " EXHIBIT B - P8 ~ec::ommendation The boundary commission staff recommends that the proposed annexation to' the City of Springfield (BC File ECSP 07 - 60) be approved without the hearing and staff report as required by ORS 199.466. . If a public hearing is requested, the proposal will be heard at the next available boundary commission public hearing. If nQne is requested it will be "pp'u ,ed and effective December 4, 2007 (ORSI99.466 and ORS 199.519). ### Sign and return this form to the'boundary commission office ONLY if you desire that a public' hearing be held. Office: 99 East Broadway, Suite 400,.Eugene, Oregon 97401-3111 (I,' Pursuant to ORS 199.466, I REQUESTrTHAT A PUBUC HEARlNGand STAFF STUDY be conducted on an ,annexation of territory to the City of ,Springfield (EC SP 07 - 60), as required by ORS 199.461. This form must be filed in the commission office no later than 5:00 p.m., December 4,2007. Reason for public hearing: 1 Date Signature Title Representing Note: If you or your agency requests a public hearing, the cornffiissionasks 'that you attend the requested hearing, pt: LClJC: L:\BC'oEXP0.2007'IECSP0760 SN,DOC Lan Sav.d: Nuv.mb.r 26, 2007 ' LCLGBC Staff Analysis (EC SPUl ~ 60)- November 26, 2007 Page 7 of 9, ' ATTACHMENT 1 -12 ,"-, EXHIBIT B - P9 , , MAPNo.] VICINITY MAP Annexation to Springfield (Troner) ECSP07-60 \ E'l I! l ' '-~: 'olb' N , ~ I I ....".....,,< '~,_~_"':IT\ I ~ ; ~' "I :;.;).{XX)' LCLGBC Staff Analysis (EeSP(J7-60)~November26, 2007 PageSof9 ATTACHMENT 1 -13, .......-.. EXHIBIT B - P10 MAP No, 2 SITE MAP Annexation to Springfield (Troller) ECSP07-60 'f"=T l, ~UTHERKING'J '~ , :t-l , ~';~.<:.~;ml;-- . ANNEXA nON AREA , Includes TL 6OQ, 17.{)4..33 Map 11; Owned by Betty Trotter , (EC SP 07 - 60) -' III I I '-"-'~ '~T~1:J9ilo.-Ji Lo/)~~ ' ,['(("iI, ' 'J ~i I L__ I [' ~ASTEWATERLINEExTENS10N by the City of Springfield (City of Springfield/Trotter) (EX S 07 - 61) r ~\ legend _ Trotter property L---.J Tax Lots UGB city limitl;i Hi N + 250 o 250 500 Feet . '. -fS LCLGBC Staff Analysis (EC SP rn - 60) - November 26, 2007 Page90f9 ,ATTACHMENT 1 -14 " . ,- / EXHI,Btr B ..2, P11 , , RESOLUTION NO 07-36 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO TIIE CITY , OF SPRINGFIElD INCLUDING EXTRAcTERRITORIAL EXTENSION OF SANITARY SEWER SERVICE TO TIIE SUBJECf SITE AND REQUESTING mAT TIIE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE TIIE ANNEXATION BY EXPEDITED PROCESS. - WHEREAS, the City, received an application to annex 0.45 acres into the City of Springfield from Betty Trotter, said territory being descn"bed as follows: , " Township 17 South, Range 3 West, Section 33; Map 11, Tax Lot 600, as more particularly described and generally depicted in Exhibit A of this Resolution. WHEREAS, theproposaI includes an extra-territorial extension for extension of sanitary sewer service to the subject site along'and within the full right of way width of Anderson Lanefromthe south boundary of subject site to a,point 50 feet nor;th of the northerly boundary, said territory being included in the property more particularly descn"bedand generally depicted in Exhibit A of this Resolution; and, WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban Growth , Boundary, and is adjacent to the City Limits; and , \VHEREAS, the City Council is authorized by ORS 1 99.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and, , , WHEREAS, the ...~..'" ~I owner of certain territory signed a consent to annex (Exhibit B); and, WHEREAS, no electors reside Within the territory; and, WHEREAS, the City Council is authorized by Springfield Development Code 6.070 and ORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in 'the annexation proposal caD be pro}cided with the minimum level of key urban facilities and services in an orderly aDd efficient'tp.anner as defined in Eugene-Springfield Metro Area General Plan Policy 8, page II-B-4; and where there will be a logical area and time within which to deliver urban services and facilities; and ' WHEREAS, minimum level key urb~ facilities and services defined'in the Eugene-Springfield Metro Area General Pla'n, page V-3 as wastewater service, stormwater service, solid waste management, water service, fire and emergeizcy medical services, police protection, city-wide parks and recreation prograros; electric service, land use controls, ,communications facilities and services, and public schools on a district-wide basiS can be provided; and WHEREAS, an annexation agreement has been ...v..~.ed for execution by the City of Springfield and the applicant which will memorialize the applicant's and the City's commitment and agreCment to,the aIlocation of financial responsibility for those long-term off-site public street, ATTACHMENT 1 -15 , I, ....--. EXH'IBIT B - P12 storm water and sanitary services necessary to serve the property and to m.eet the City's requirements for provision of the minimum level ofkey urban services; and ' , ' WHEREAS, the City Manager IS authorized to forward this resolution supporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission when an ~exation agreement is entered into by the Gity of Springfield and Betty Trotter; and WHEREAS, the City, supports the applicant's request for expedited Boundary Commission' . . processrng. ' NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCil.. OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section I: The Co~on Council of the City of Springfield does hereby recommend approval of the annexation of the subject territories to the City by the Lane COIlIl!yLocal Government Boundary Commission, Lane C9unty, Oregon, said territory being descn"bed as follows: ' Township 17 South, Range 3 West, Section 33, Map11, Tax Lot 600, as more particularly described and generally depicted in Exhibit A of this Resolution. , ' Section 2: This resolution shall take effeclupon adoption by the Common Council of the City of Springfield and approval by the Mayor. ' ' $ection 3: This Council recommendation is contingent" upon the execution of an annexation agrec:ment satisfactory to the City of Springfield. ' Section 4: The City Council recommends that the Boundary Commission expedite this annexation. ' , , Section 5: The City Manager sbaIl forward this resolution supporting the applicant's request for expedited processing to the Lane CollIl!y Local GovemmentBoundary Commission only upon receipt 'of the of the executed annexation agreement, ent~d :'into by the City of Springfield and ' the applicant ' ADOPTED by the Common Council of th~ City of Springfield this l.L th day of July 2007 by a vote of --2.. for andJL against , APPROVED by ~e Mayor of the City of Springfield this -12. th day of ~y 2007. , ATIEST: , ~.trrun- City Recorde6 ' . Jrf) (j Mayor REVIEWED & APPROVED ~ :~~~~ \..~ DATE: -r , t)'\ 1,...-' OFFICE OF CiTY ATIORNEY ATTACHMENT 1 - 16 RESOLUTION NO. 07-36 b: '.-.~"~'"'>-~..'~ --- .. ... .. - ~ ~-- ~, ~R ...1".,.' _ 0 _ '~.'-'<O""'~'--~-:=--I:^NI[;i i o - ..,,) .......""'" ~'" "'l:} . '.V Exhibit A . , <~ '. .~ . '. . . . . . . Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. fClr the Northeast comer of a certain half acre tract; said stone being accClrding to survey J 8,0) chains East of a point 9.78 chains South of the Southeast comer of the Mahlon H. HarlClIV Donation Land Claim No. 57, in Township 17 South, Range 3 West. Willamette Meridian. and running , thence North 2.879 chains; thence \Vest I .58 chains to the West line of the R,E. Campbell Donation Land Claim No. 59, thence South along said West line of Claim No. 59. 2.879 chains; thence.Eastl.58 chains to the place of beginning. in Lane County. Oregon. ... .' i '. I' " ,. ATTACHMENT 1 -17 e{!j ~~!ffi ,/U " NE1/4 SEC. 33 T.l/, lANE, COUNlY R.3W. W.M. EXHIBlf1 ~3-3~1~1 ~""",~."",..t '. i , r' rr........ -.--,.. -"_,,,.lo ,: _~,,~ ,,4r:-.- t 1JIIIM.4n_. 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EXH f1l IT B -P15 EXTRATERRITORIAL AREA, Beginning at the Southwest comer of Parcel 3 of Land Partition Plat 2003-P1699 recorded for public recOrd at Reception No. 2003-084617 September 2, 2003, Lane County Deeds and records in Lane County, Oregon; thence Northerly along the East Right of Way of Anderson Lane, 50 feet; thence leaving the East right of way line of Anderson Lane at right angles thereto, Westerly 50 feet to the West right ofWliy of Anderson Lane; thence, thence Southerly along the West right of way of Anderson Lane, 240.QJ feet; thence leaving the West right of way of Anderson Lane, at right angle thereto, Easterly 50 feet to the Southwesterly corner of that tract ofland described in a deed from West Coast Investment Group LLC to Betty Trotter recorded for public record November 19,2004 at Reception No. 2004-089458, Lane County Deeds and Records in Lane County, Oregon; thence along the Easterly riiht of way of Anderson Lane 109.01 fee,t to the point of beginning, all in Lane County, Oregon. .. , ATTACHMENT 1 - 19 i', EXHIBIT B - P16 EXTRATERfUTORU\l AREA - --1- " '1 1 I 1 I I II I I , , , I, , , , , , ',' ,:', , 'I ,.' , ":"'.. I ":' "'i'.,' , ,,', J " ;: ~ ., . -' . ~~i: : , , I , .'. ..~.' ' ., ".,,,~,:;~:..":t;,: ,t,",'-': - I :,~(~;::::~ 1 ,"~:<~': ,.. .rl .1 , ,~.I , ,.',1 :'?~~~I ",,'1, :", 1 .1 , I 1 , I i_ , ~~~ I I Springfield, OR , " I.i pi I ! , {' 1 , 1 , I =..-11 ~ .'/ f ! -':_.I.:'T~t\ I #, ' \'~ ,.. , "-..' If-- I It:'~ - ,.1 , t CITY LimitS A '-:)~~, - --, 1\ '/ ,,-,_ ,I , f~~ ""~_____ j ,f , _, ~~~,---w. -rl .. ~ 'sro.,'r_ " -::-...J:- "\., , S,A,/ , . -- , - - - , --- .. _ANOERSONt:N,' iA-If-L ---....:___,.~_ ------', '~J ,~ A ~/:?A OF' I I ,,' _-I---- ,,' - :\l3YreNh/tW TL 4'.' if Ur' '. ,_ '" , ,~ I , '-.., , ", -. ,.''' - 'd 0, " , , , " ' , ",:',' "=,' I -'(( >f;'-~-""""';':"":""'?":' Ii 1\'{ " .' , 3 , I '\ " -,' ,<::. .' . '" .-.: ~ I.~j, --- ,-' '.. I I ~~; I \ " :~ II' ~--j~- .1 I! I I I ~ -, ~: :- - - -liiAM'dNiT'si" f:::'-:" - --- , l, ,..../' 1 I . I ; 1:1 I I ' ,l\! , I -- -.". \ , ". . " r--I --- r-- _..:._1 Within City Linits Not ~thin City Umits o 7a 140 Feet . _ StOrm Line _ _ . Saritary Line ~...._........a"'~IId:r",-,a. u.r~_.. """"'YP' -r _.~..m.. ;...,._.___rr,.....~of..~ .lnt.2r1J7 ATTACHMENT 1- 20 NE1/4SEC. 33, T.17;" LANE COUNlY R.3W. W.M, EXHI-H'TO~ 3;:5'171 ~""''''aI['"'''.- f . , . /I , ;r.......""...- . . , . t .' ,u';f'U-'<H' . ,.. '#w" ._,.... , , b 'ici ;z :i;. >- ,<I: .3; ;a :J: CD.. i . I . 1"'-- . l r-rr' ............~,..,,_..... . "-Are_ ..c~ t ,...-.-.' ; ~ I .. l' :o~~~,*-~r::"'. - ! ,"'"'....,', -. ,._ au , : ,... .---- --......... ~ ~-~: \. i_.~" t? 1~'-.":'::;;- '...~~r' orr.. I ' \. \1 . l 4p~ I .' ~ 000 .... B02 . , ' " 5.DlIoOC. i" I' IfO'! '_'.1.06#4 I' _r_ I......'L.~ , J lI.u:.h" ~ r. 1::"'_""'1l~ .~, . ~ ~I ~~~ ; ~ ~ l' ;- -r.~i:7 -=-33 'i4 'J'.' ' " ; . 0. :Z, ~ , , d l I _ ::::. .= Ie:' 'J,OO ~ ; 'nIl oOC. II I , , . I ~ :- 11NJ" TARl !:" .__r 1.1... ._. I -. 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I,.',' ""I "~!~: " 111,1 ! f ! i; t ., 017 " ~ 17 03 3311 SEE'" I, EXHIBIT B - P18, ANNEXATION AGREEMENT This Annexation A&",-=ent (" A&-.......ent") is made between the City of Springfield, ~ Oregon municipal c....k'u....;.;on ("City") and Betty Trotter r APPUCANT"). \ , RECITALS A. APPUCANT owns the parcel orland legally descn"bedin Exh1"bit A (the "Property"), and shown on the map attached as Exhibit B. The J?,up".~i is proximate to thejurisdictionaI limits of the City and is subject to annexation by the Lane County Local Government Boundary Cc>mmi.<:ion ("Boundary Commi.<:iQn'') following minor boundary change , , processes. B. APPUCANT has submitted to the City an Annexation Application Journal No. LRP2006- . 00007, dated January 11,2006, for Assessor's Map No. 170333 11, Lot 00600 (the "I\~k'''''~I'). C. APPUCANT wishes to annex the I\~p"'~i to the City and seeks support from the City for the annexation before the Boundary Commission. The Springfield Co=on Council has adopted Resolution No. supporting the annexation. D. The Property is currently desig1l~t"<l as Low :Density ResirlP.Tltial (LOR) on the Metro Plan and is zoned LOR according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under SDC 6.070(2) that the r ,up"'~i can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a, p.IT-B-4, and such showing is supported by the substantial evidence fu the ' record of the proc-PPifing on this annexation. City Staff has detcmllned the minimum level of , key urbim services is currently available to the Property with the exception of public sanitary sewer service, public stOrm water management service, and street conn....;.;.~.j to adjoining k',up"'~i that fully meet City Standards. The pmpose of this Ac,.........ent is to memorialize _ ,APJ?UCANT's and City's commitment and lItr.........ent to the allocation offinanciaI respoIlSl"bility for public facilities a:i:J.d services for the I\u.....~y 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; street L.p.u ..ements and:fire and life safety servi~ necessary for an affinnanve City . """,.....,......endation for the annexation request " ", ,,' , F. A public saIntary sewer system with sufficient capacity to serve the ;'),Uk'''''~/ and other' existing and p.upused land uses in the vicinity oftheP,up""~J is necessary to Sl.ppu.~ Ii. finding that this key urban service is available to serVe the I\~p"'~i. After Recording, Return to: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering 'Division Place Bar Code Sticker Here: 'kvision Date t2fl8l2006 , ANNEXATION AGREEMENT - Page 1 of7 ATTACHMENT 1 - 22 ' EXHIBIT B - P19 . An existing 8-mch public sanitary sewer ends "t't'~u~ly 45 feet north of the , north p~up""~J line of the Property. This sanitary sewer sYstem was IlOt intended to serve the Property or other lands to the south,due to its shallow construction. . ' Permanent sanitary sewer service is planned to be provided by extending a sanitary sewer from the existing sewer line at-Walnut:P1ace; located app,u,...dnaiely 1000 feet ,south of the Property, via a no~erly' eXtension along Anderson Lane. This new sewer Inain shall,hereinafter be referred to a'i'the "Sanitary Sewer Mah{ Extension". . TemporarY sanitary sewer service to the Properly W:ill be provided by allowing a connection to the shallow sanitary sewer maDhole to the ilorth, with the intent to connect to the p=anent Sanitary Sewer Main Extension to the south, along Anderson Lane, sometime in the future. ,G. A public stormwater m~n~geInent system. with sufficient capaCity to serve the Property and other existing arid proposed !.arid uses in the vicinity ()fthe Property is also necessary to support a finding that this key urban service is available to serve the r.~p...~;. . An existing public stormwater m~ii~gement system is 10c3ted in excess of 1000 feet to the south of the Property at Walnut Place. A new public stomwater line is planned to be constructed in Anderson Lane to serve the Property and other lands in the future.' This new stormwater line shall hereinafter be refei:red to as the "Stormwater System Extension". . A stormwater manhole existS' &p p' u..:rna.tely 320 feet north of the north line of the , :\u}"..~i, in Anderson Lane, just south ofKell~gg Road. However, this sYstem is too shallow to be ext""rlPit to serve the Property. . The APPUCANT has performed a percOlation test for the soil on the Property and p.upusCs to construct p.up....:y designed diywells to m""~ge rooftop stormwater ,dnrinage. " II. An interconnected transportation system. with the, existing and proposed land uses in the , vicinity of the Property is also requUedin order to provide ~ssand a ttlmsportation .J.;.....,. for the provision ofFire and Life Safety seniices to and from the annexed property. . The I\~~lj is adjoined by AnderSon Lane on the west This public street is cmrently Inaintained by Lane County. Anderson Lane is partially improved, with a strip of pavement with ,cwb 'and gutter on the west side, but n.o sidewalks on either side. ", · The right-of-way for Anderson Lane is 50-feet wide along the frontage of the I\V.l-'W~J.' . . The Springfield Development Code allows that if a property is not contiguous to a fully imProved street frontage; an Improvement A&""....en.t is reqirireci for the future improvement of the street to full urban standards. ' 1. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to !he City and meet the City's conditions for an affirmative reco=endation for annexation to the Boundary Commission, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requllements imposed on APPLICANT in this Agreement ' , ~'iOONlA~ -Page 2 of7 . ~ ~. EXHIBIT B - P2Q Now, therefore, based upon the foregoing Recitals, which are specifiCany made a part ~f this A&~ent, the parties agree as follows: ' AGREEMENT 1. Oblill'ations of APPLICANT., Consistent with the above Recitals and sUbject to the issuance of Partition and Public Improvement Plan "pp,u"aIs, APPLICANT agrees to p...':-uu.u the obligations set forth in this section. , 1.1 Apply for.TentativePartition Plan approval from the City, pursuant to Springfield Development Code Article 34, to partition the Property within six (6) months of the effective date ilfthe Boundary'Commission's approval of APPLICANT's annexation request This section.is subject to the requirements of Section 8, below. , , 12 Apply for, and obtain, PartitionP1at "i-'p..u..al from the City, pursuant to Spririgfield Development Code Article 34, for a Partition on the Property within two (2) years, unless extended by the City, of the date of the Limited Land Use Decision issued by the CitY for Partition Plan approval issued purSuant to Section 1.1, above. 'This section is subject to the requirements of Section 8, below. 1.2.1 1.2.2 1.2.3 12.4 12.5 1.2.6 Revision Datz: 1211&'2006 , APPLICANT agrees and understands that their proposed connection to the sanitary sewer system is teIIlporary. APPLICANT is requirc:d to participate, in the manner described herein, in the conStruction of the StormwaterSystemExtension, and connect to this new stormwater system when it becomes available. APPLICANT, is required to participate; in the ,manner described herein, in the construction of the Sanituy Sewer Main Extension. and connect to this new sanitary sewer system when it becomes available. APPLICANT finther agrees that if the ~porary sanitary sewer system fails or the stormwater fails to percolate wi~ the private infiltration facilities, ,then APPLICANT is fully respo~ble to provide altemative sanitary sewer and! or stormwater facilities to the satisfaction of the City. ' APPLICANT further agrees to hold the City harmless for any and all claims that may arise fuim any delay of the deVelopment of the Property as a result , of the City's performance,' or lack thereot; on completing the street, Sanitary Sewer Main Extension or Stormwater System Extension. Prior to or concurrent with Partition Plat approval by the City for any portion of the P.~p".;j, APPLICANT shall sign Improvement A&""...ents for each lot Said Improvement A&""...ents will provide for urban standard streets, sidewalks, street lights, Sanitary Sewer Extension,' Stormwater'System Extension, and other public infrastructure as maybe deemed necessary by the City. The I....p..u..ement A&"".....ents obligate the owner(s) of the P..up"..;jto , ANNEXATION AGREEMENT -'Page 3 of7 'ATTACHMENT 1 .:.. 24 I, , EXHIBIT B - P21 pay their proportionate share of the cost, as determined by the City, to design and construct the urban standards iu..;. v .ements. 13 Develop on-site and off-site public sanitary s~wer conveyance systems as needed to provide sanitary sewer service to the development as follows: 13.1 Subject to City Engineer ".I!P'v,raJ of the requisite Public Improvement Plans, construct a temporary public sanitary'sewer system that connects to the existing shallow sanitary sewer system to the north of the Property. 132 APPLICANT shall bear the full cost kd obligation to design and construct the temporary public sanitary sewer system that connects to the existing 'shallow sanitary sewer system to the north of the Propi:rty, including but not limited to engineering costs, p=it applications and fees, legal costs, construction and inspectioIl costs,andthe preparation of as-built plans. \ 1.4 Develop on-site and off-site public stormwmer management systems as needed to provide drainage service to the development as follows: 1.4.1 Prior to occupancy approval for any tiew structure on the Property, , APPLICANT shall properly desigil and construct dryweJIs, as approved by the City, to serve the rooftop diaina.ge of each lot. Said dryweJIs shall be privately owned and maintained by the APPLICANT or their heirs, executors, assigns, anministra10rs and successors. 1.42Gtant to the City the easements necessary to access, operate, and maintain a public stormWater m;magement sy'stem on the Property, ifneeded.. Easements for piped portions of the system will be a minimum of l4-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 shaII be det=nined based upon the design width of the channel plus 10 feet on one side and 25 feet on the ut!ier side to accommodate access and maintenance by City personnel and eqili.pment. Actual easement widths and locations will be determined during the Partition Tentative Pian review. 1.4.3 APPLICANT shan bear,the full cost and obligation to design and construct thestormWater dryweJIs to serve the rooftop drainage of each lot, including but not limited to engineering costs, peni:rit applications and fees, legal costs, construction and inspection costs, and the preparation of as-built plans. 1.5 Develop on-site and off-site public transportation systems to provide transportation service to the development as follows: ' 1.5.1 Subject to Partition Plat ".I!p'v ,raJandlCity Engineer ".I!p.v..a1 of the requisite Public Improvement Plans, APPLICANT shaIl sign Improvement ' Agreements for each lot to obligate the owner( s) of the Property to pay their , proportionate share of the cost, as determined by the City, for the fu~e ~eENroREEMI5NT - Page 4 of7 'D_.::..:_n--.'"""D_......,. EXH I B IT B P22 ,design and construction of Anderson Lane as a fully-improved public street along the frontage of the Property. 1.52' Amaximum ofo~e (1) public street co~ection will be P=ittedfor each proposed new lot. L6 Provide and be financially ''''pu....sible for the provision of any additional urban facilities arid services identified during the review and approval of the Partition Tentative Plan and/or the Public Improvement Plans as necessary to serve the development of the Property, mcluding, the coristruction and maintenance thereof. 1.7 In de1:=ining APPUCANT's share of costs for the improvements des~bed in this Agreement, the full cost for the provisIon of the improvements a,1 the time of construction shall be estim"fp~ For the purposes of this Agreement, the full cost shall include design, construction, acquisition oflandandlor 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. 'Oblil!3tions of City. Consistent with the above Recitals, City iigrees to: 2.1 Initiate and' si..ppu. ~ annexation of the Property to the City before the Boundary Commission and sUpport APPLICANt'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. 22 Conduct the timely review and decision making of the Partition Tentative Plan and Public Improvement Plan applications, inaccoroance with City procedures, for the developmei:J.t of the 1\"p""~.1' ' 3. Covenants Runninll With the Land. It is the intention Of the parties that the covenants herein are necessary for the ann.-vo1:ion and development of the Property and as such shall run with the Property and shall be binding upon the heirs, exectitors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and burden. upon the Property. This 4".....ent shall be .~..;:ed, ai APl'LICANT's expense, upon its execution in the Lane County Deeds and, Records. This Afr.......ent may be assigned by APPLICANT and shall benefit any assigns or; successors in interest to APPUCANT. Execution of this Agreement is a precondition to'the support of the City for annexation of the r.~k''''~J desC:l'ibed in Exlu"bit A to the CitY. Accordingly, the City retains all rightsfor enforcement of this A&".....ent. 4. Limitations on the Develomrient. No portion of the Property'shall be developed prior to the City approval of a Partition Tentative Plan, and Public Improvement Plans for the temporary sanitary sewer connection to the existing shallow sewer system to the north of the Property. 5. Mutual CooiJeration.' City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. Revision Dale 1211 &'2006 ANNEXATION AGREEMENT -PageS of7 ATTACHMENT 1 - 26' ~.. " EXHIBIT B - P23 , ' 6. Waiver of Rhilit of Remonstrance. APPLICANT agrees to sign any and all waivers, , petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County or the City and to waive all rightS to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to ,APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written =onstrance against theseimprovemen.ts. APPLICANT does not waive its right to' co=ent upon any proposed Local Improvement District (LID) or any related matters orally or in writing. ' 7. Modification of A.'l'T:.fC,,!!,p:ryt_, This A&"........ent may, only be modified in writing signed by both parties. Any modifications to this 4........ent shall require the approval of the Springfield Co=on ,Council. This A& ..........ent shaIl not be modified such that the key urban fai:ilities and services as defined in the Metro Plan Policy Sa, p.n-B-4 and as required herein are not provided in a timely manner to the property. .. 8. Land Use. Nothing in this A&.......~t shall be consttued as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and deyelopment of this r.up...~); Nothing herein shaIl be cons1rued as the City providing or agreeing to provide "t'p,u..al of any building, land use, or other development application or Ll!nd and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. 9. APPLICANT knows and understands its rig:ht& under Dolan v. Citv of Til!3Td and by entering into this Annexation Agreement hereby :waives any requirement that the City demonstrate the ~blic 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 d"",.."ds placed upon the uroan facilities and , services by the: development and to the impacts of the development of the Property. ' APPLICANT further waives any cauSe o~ action it may have pursuantto Dolan v. City of ' 1T~ and its progeny arising,outoftheactions described herein. ' 10. APPLICANT knows and und~~~dsany rights they may have under Oregon R.ev:iSed Statutes (ORS) Chapter 197 as, amended by BaIlot Measure 37 passed November2, 2004. APPLICANT for itseIfimd its heirs, executors, assigns, administra!ors and successors hereby waives any claim or cause of action they may have under such ORS provisions against the City. ' 1 I. Invalidity. If,any provision oftllls A&""......ent shall'be de=ed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability ,or validity of any other provision of this Agre=ent The validity, meariing, enforceabilitY, and effect of the A& H PT>t and the rights and liabilities of the partiesheretoshaIJ be determined in accordance with the laws of the State of Oregon. n-..!.-:__ T"'Io_.._ w.......____ ANNIIXA~,!AGR1EEMfNr -':'Page 6 of7 EXHIBIT B - P24 DATED this l~48.. ' day of~"""I.va:, 200~ IN WITNESS WHEREOF; the APPLICANT and City have executed this Agreement as of the date fust herein above written.. APPLICANT A,,~ ,-"-: ~A Betty Trotter (OWNER) STATE OF OREGON } CoUNTY OF L..';>V\.c(; ,55 BE IT REMEMBERED that on this l~ ~day of ~rf'. \?a.--r ,200 {p before 'me, the undersigned, 'a notary public in and for said county and State, personally appeared the within named Bettv Trotter whose identity was proved to me on the basis of sa:ti.sfactory evidence and who executed the within instrument and acknowledged to me that Bettv Trotter executed the same freely and vohmtarily. IN lESTIMONY WHEREOF, I have hereunto set my hand a,ndaflixed my official seal the day and yeat last above written. ' ::Qttl Gino,Grimaidi, City Manager t-rU'.!..'5~ q.. u...>R1} L.- }fotary Public for Oregon , tD / lID /(;200"0 My Cb~sion Expires 1'.1-00--___________________ I .' OFFICIAL SEAL " I TERESA J WHITE I j NDTARY PUBLIC -~REGON , I ,,' COMMISSION NO. 385682 , MY CDMIlISSIDN EXPIRES,DCT. 16,_ STATE OF OREGON' CoUN1Y OF LANE } , 55 BE IT REMEMBERED that on this 1']'1:1: tUiy of ..::r u..LL-f ,2007 before me, the undersigned, a notary public in and for said County and s1ite, personally appeared the within named Gino Grimaldi whose identity was proved to 'me on the basis of satisfactory evidence " ,and who by me duly .....vu., did say that he is the City Manager of the within named municipal ~.tM~On and does acknowledge said instrument to be the free act and deed of said municipal ' Cu" pV""';on, and that the seal aflixed, to said instrument is, the Corpora1e seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal Cu"pv.~on by anthority of its City Council' , IN lESTIMONY WHEREOF, I have hereunto set my band and aflixed my official seal. the day and year last above written. ' ._-~ .~~~-- _....._~--------,. 10-" OFFICIAL SEAL : AMY L SOWA , : NOTARY PUBLIC. OREGON I ", / COMMISSION NO., 3979042 ,I . MY CDMMISSIOIHXPIREB NOV, 88,IIIDlII _ _ _ _ _ ___ _~_ _._.--, 'f;~. L'~.;;.,I M: Develop,""" RcvicwIDRCJ2DD61LRP2DD61LRP2DD6-llDDD7. Troller on Anderson Lane ~If~ _ c NOTARYfUBLIC FOR OREGON U,;;'J~d"{)b '1 MY COMMISSION ExPIRES Revision ~ 12l1lV2006 7 ANNExATION AGREEMENT,~ Page 7 0f7 . ATTACHMENT 1 - 28 .,_...........,.I::,->.~-..,..- .~ ,;;. , ... .. ) ',I I . . .-.~"-'~--':.:::^nn)I 1-3 - ;:!:; ;, . . . ~. . . ,~ .0.. _.. ~'l.'} . ':~J" Exhibit'A . . ~ "'. .. . . '" Beginning at a point 9.49 chains North cif a stone set in County Survey No. 673. fClr the Northeastcomer of a certain half acre tract; said stone'heing according to survey 18.03 chains East ofa point 9,78 chains South cif the Southeast comer of the Mahlen H. Hiirlow Donaticm Land Claim No. 57, in Township 17 South, Range 3 West. WilIamette Meridian. and nrnning thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E, Campbell ' Donation Land Claim No. 59, thence South along said West line of Claim No, 59. 2.879 chains; thence EaSt 1.58 chains to the place of beginning. in Lane County. Oregon. "' " ." " / " ,ATTACHMENT 1 - 29 -, R,3W. W.M. EXHI~7T d3-332~1 NE1/4 ,SEC. 33 T.n.... LANE COUNlY SCALE r - ,loa 5[[_1703284 ~........~"..t t- . 'i , c ~.~_." " . . + . 1 .. ~ ..~'-t"'I'!r;... . . ,.' 'n"... .._r.... ~ l~ jci ~z :~..>-' ,oCt -3: .::J: l:l ::J: NAD,83/91 LT.~ TU....~ Y6llfo __. ..._ ._c ...- '.-' U.... '_1 1.1- ._. ........ .-- .. - - ....... '_1 1.1- ._. ~ ....... '-1 ........ '_I;:tj a --' - ~ , I " j I . 0----40"'-'- . -... 800 .. :1 I . l ! ~ i I . ..-.r..:: .~..A~ ~-F: ~ ,-- 8Q2 ~l ~JC. I I I I I ! I I I I I ! 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Iii lili:!i .", I ! ~ i ; I ~ I ~ ~ 1 : r 1""1 j !! ~ ~ ~ ~ - ~ i;, Ill" il= 1: ~ q ~iiW" , 17 03 33 11 5[[", EXHIBIT B - P27 RESOLUTION NO: 07-46, A RESOLUTION CLARIFYING THE ME1HOD OF ANNEXATION FOR CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD WHEREAS, the City Council adopted Resolution No. 07"36 on July 16,2007; and WHEREAS, Resolution No. 07-36 identified ORS 199.490(2)(a)(B) as the applicable statute authorizing annexation; and WHEREAS, the City Council finds that Resolution No. 07-36 was intended to initiate annexation under ORS 199.490(2)(a)(A), which allows annexation upon receivi:i1g ' consent in writing from more than half ' of the owners of land in the territory proposed to be annexed, who also own more than baIf of the I3nd in the ';"u;~'i proposed to be annexed and of real property therein representing more than baIf of the assessed value of all real property in the territory proposed to be: annexed; and, WHEREAS, the city fmds there are no registered voters residing within the territory; and WHEREAS, the city finds the request complies with ORS 199.490(2)(a)(A) for the reasons stated in the report attached to Resolution No. 07-36. ' " , NOW THEREFORE BASED ON THE FOREGOING RECITALS, TIlE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Co=on Council of the CitY of Springlield,does hereby clarify that Rl:solution No. 07-36 should refer to ORS 199.490(2)(a)(A) as the applicable statute l!-uthorizing annexation. Section 2: This resolution shaIl take effect upon adoption by the Common Council of the City of Springfield and approval by the Mayor. ADur Uill by the Co=on COl,lIlcil of the City of Springfield this 5th day of November, 2007 by a vote of ....Lfor and....Q.... against. (1' absent) , APPROVED by the Mayor of the City of Springfield this Sib day of November, 2007. , \' ~Ja Mayor/ V ATIEST: ~~ City Record~ ATTACHMENT 1 - 31, REVIEWED & APPROVED A~:O:~ ~ DATE: \t)P7~ LEGAL COUNSEL EXHIBIT B P28 , JONES Brenda From: Sent: To: ' Subject: TAYlOR Paula L [PTAYlOR@lcog.org) Friday, December 28,20075:10 PM SCOLLA Connie J; SCHULZ Stephanie E; HOPKINS Steve; JONES Brenda AnnexalionJWastewaler Extension (Trotter) , , No public hearing was requested on the Trotter annexation to the City of Springfield (ECSP07-60) or the wastewater line extension request by the City of Springfield (EXS07-61), so both requests were . approved and effective December 4, 2007, at the end of the d<<;IY. ' , If you have any questions, please feel free to contact me. , Paula Taylor, E..___~._Officcr Lane County Loa! C _ ,_out :__L, Commission (54t) 682-4425 F= (541) 682-2635 " 1 ATTACHMENT 1 - 32