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Home My WebLink AboutAIS PLANNER 3/17/2008 , AGENDA ITEM SUMMARY ,., 't'I,r .'._", .'-.jo.-,.,......~ Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: March 17,2008 Regular Meeting Development Services Jim Donovan_...dJ 726-3660 -~ Consent Calendar SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION , REQUESTED: ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMPACT: RAINBOW WATER DISTRICT WITHDRAWAL EC SP 07-60, JOURNAL NUMBER LRP2006-00007 (TROTTER) The City Council is requested to conduct a second reading and adopt/not adopt the attached ordinance: AN ORDINANCE WITIIDRA WING CERTAIN REAL PROPERTY KNOWN AS TROITER LOCATED IN WEST SPRlNGFIELD, EAST OF ANDERSON LANE AND SOUTH OF KELLOGG ROAD AND INVOLVING APPROXJMA TEL Y 0.45 ACRES IDENTIFIED AS TAX LOT 600 TI7S R03W S33 MAP II; HERETOFORE ANNEXED TO TIlE CITY OF SPRlNGFIELD FROM TIlE 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222,520) require that territory located in the Rainbow Water District, which is annexed to the City of Springfield, be withdrawn from that district to prevent double taxation.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. The subject property was annexed to the City of Springfield effective on December 4,2007. Attachment I: Ordinance with Legal Description and Maps, Boundary Commission Staff Report, City Council Resolution and Notices of Annexation Adoption Legal notice was published in the Springfield News as required by ORS 222.520 and notices were posted in four public places, City Council conducted a public hearing and first reading of the ordinance on March 10,2008. Date Received: 0./1 0 i Planner: 8J '. . D~te Received' Q 11. d Planner: BJ ORDINANCE NO. (Special) , AN ORDINANCE WITHDRAIivING CERTAIN REAL PROPERTY KNOWN AS TROTIER LOCATED IN WEST SPRINGFIELD, EAST OF ANDERSON LANE 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 wa,s 'annexed to the City of Springfield by order 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 (ahd further described in Exhibit A & B), and WHEREAS, the property to be withdrawn is loeated within the boundaries of the Rainbow Water District, and WHEREAS, the City of Springfield Common Council 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 1" u~..rty 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 determine that the real property described should be in the best interest of the 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 determine 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 ordinance, Boundary Commission File Number EC SP 07-60. 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 this 17th day of March 2008., ", 1. Mayor ATIEST: City Recorder ': ! ~ 0'>""",,,, ~.~.......... -rz,-j . :2, iTl;-[f-'-- ATTACHMENT 1 - 1 ! .. j, ....... .. ~ .n .._ ~........_.~ '. . ~_. .....~Ia -- tJdllflll A - 1"'1 ~...-.;.,~"._~.._....._... ~.._c._. I " i" 1. I . ~'I.:'. . :~.,i. '.' Exhibit A ~ , Date Receiveri'! ~.11o ~ Planner: BJ" . :~ '. . , Beginning at a point 9.49 chains North of a sto~e set in,County Survey No. 673. for the Northeast comer ofa certain halfilcre tract; said stone heing according to sun'ey J 8,03 chains' East of a point 9,78 chains South of the Southeast comer of the Mahlon H. Harlow Donation Land Claim No. 57, in Township 17 South, Range 3 West. Willamelle Meridiim, and nmning thence North 2.879 chains; thence West 1.58 chains 10 Ihe West line of the R,E. Campbell Donation Land Claim No. 59, Ihence Soulh along said We 51 line of Claim No. 59, 2.879 chains; thence East 1.58 chains to the place of beginning. in Lane Counly. Oregon. ...' .. :,:. .' ~ ": I' '- " ATTA~~RJ~ A. / I ; Date Received: ';)./1." b ' Planner: BJ EXHIBIT A - P2 MAP No.2 SITE MAP Annexation to Springfield (Trotter) ECSP07-60 ...J I.L-/./ ~--- /f, . I " . }:~ Iv,,,UUTHER KING J : j III I I , -, ~ .-. ~"- ' ~ "'P=tf ~,,0.!-!f ' , . ANNEXA nON AREA Includes TL 600, 17-04-33 Map 11; Owned by Betty Trotter (EC SPrrJ -60) 'j ['. ~ASTEWATER UNEExTENSION _ I by the City of Springfield (City of Springfield/Trotte~) (EX 5 07 - 61) r "I I I Legend _ Trotter property I I Tax Lots '- - UGB . city limits .. - I N + 250 o 250 500 Feel LCLGBC Staff Analysis (Ee SP 07": 60)- November 26, 2007 Page90f9ATTACHMENJ 1 - 3 . '1/4- SEC. 33 T.17S. t LANE COUNlY . ~~~"~/'''~ >~ f r . l~ jg '1:">- .<( .3: .:I: ~ :i: ~ . t..,w- o f 3W. W.M. 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I ~' -' :-.r.f ,.n ;'l-GH- :1 i IlO5 ...' , ~. ~, J~ 9~ i , I, .' ".-..., ~ ~ --....- . ,-~"""""." '4Mlrt~ a j . .' . '200 · ' 'i ~ ~ ' ,~ l ,'I , 1 ~ 019-{)O : e I --~. ---L-....~." ~~..'~l :' ,~\'?-1 '. ~~_.. ~I ,4P'""__ ~ -.\ 910 I ~1,.. ~.; i P 811 .; it' 7, r" : ~_ iff / ~O-~O-"J ... .JI....,n..... U ~,.~r "i; II!.....I'. - .~ ....-.... .& \ .....d.&-~ "',-~ 1 J- 4 j ,~' 914 \ ,i IZ ,'Z IIL,#' .~I ~ 915 'l>J I 10 '!' . " Z "1."' '1'<(1 ..,.....", ..' .~ I' . 40!1 . j' . II p.'.,_J_1 ...~ I I. li " . 0:': l>J' z, ~ )-' <( II: 411 I" ' , " .:::~ '0 410 . . I, ~ "~'" "_~'" __ ":t, 917 .. 7 ...~.I,.o ,'... ,408 . ' I SCE IW' 17 OJ 3J 14 ' ATTAC~MENT 0NCll1.EIl .... 7., "" IOZ ." I', :;, I::J jnj .. " I 'j'l !., I ~ i ! i 'Iii Jt I' "II Q ; i ! ~ : d ~ ,. I" ; it i" j i : i ;: ~ I ! - i i i i~ i: -. . q~!I,!' ~~l.elL_ EXHIBIT B - P1 lJregon' LANE 'COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION 99 East Broadway Suite 400 Eugene, OR 97401"3111 (54]) 682-4425 FAX (541) 682-2635 Date Received' Planner: BJ 8.11,0</ November 26, 2007 TO: Boundary Commission Members; Lan!l' County Commissioners; Lane County Land Management Division; Lane County Environmental Health Division; City of Springfield; Willamalane Park and Recreation District; Rainbow Water and Fire District; Betty Trotter; Gary Reed; and Doug Weber, Paula L. Taylor, Executive OffiGtWb- IV ' EC SP 07 - 60 (Expedited Procedure) . ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (Trotter) FROM: , SUBJECT: Enclosed is a copy of the staff analysis. for t4is proposaL It is sent to you as required by ORS ' 199.466. Please read the analysis carefully. The proposal iSirecommended for ~roval without a Dublic hearimJ or further staff study. There are two alternatives,: .. 1. If you agree with this recommendation, you need do nothing. 2. If you feel that a public he';mng is needed,you must request, in writing by December 4, 2007, that a hearing should be set. The request must be in the commission's office ,by 5:00 p.m., pecember4lh.' You must use the fOIm 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 tha/you attend the requested public hearing. If a hearing is requested, it will be set for the next available boundary commission public heaqng. ' IF YOU HAVE ANY QUESTIONS REGARDING THE; PROPOSAL OR PROCEDURE, PLEASE CONTACT, OUR OFFICE (541-682-4425). Attachments pr: LCSC: L:IJJClEXPWEMOI1007lECSP0760 MEM,DQC Uzs, Sav~d; Novl!mMr 26. 2007 ATTACHMENT 1 - 5 , EXHIBITB - P2 Date Received' .3, (1 ,a 't Planner: BJ EXPEDITED PROCEDURE - STAFF ANALYSIS, LANE COUNTY LOCAl. GOVERNMENT BOUNDARY COMMISSION Annexation of Territorv to the City of Sorin!!fie]d ITrotter) I. BC Fi]e EC SP 07 - 60 Initiated by Reso]ution No. 07-36 and Resolution No. 07-46 by the City of Springfield with consents from the owner " Action under ORS 199.466 and 1 99.490(2)(a)(A) of the boundary commission 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 Lane, and west of Rayner A venue Property owner: Betty Trotter (2941 Edgew'lcr Dr, Eugene) Tax ]ot:600, T17S R03W S33 Map 11 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-Springfie]d Metropolitan Area General Plan . (acknowledged August 1982 and has been"subsequently amended)' , Existing public services to the property: Police (Oregon State Police, Lane County Sheriff), schools (Springfield School' District 19), roads (Lane County), water (Rainbow Water and FIre District), fire (Rainbow Water and Fire District contracting with the City of Springfield), parks (WilIamalane Park and Recreation District), waStewater (onsite individual waste'fater system), electricity (SUB) Reason for Annexation ,', , The p>vp<..;j owner requested annexation in order to prepare the annexation area for additional residential development. The Eugene-Springfield Metropolitan Area General Plan requires l',vp<'Hies to annex in order to receive urban services. This annexation proposal was flIed with the boundary commission on November 9, 2007, in accordance with ORS 199.490(2)(a)(A), initiated by the p.vl'....;j owner, and ORS 199.46~ (expedited procedure). No other privately owned .1'.V.1'....::.:es are included in the annexation request. The statutory requirement 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 \1earing or adoption of a final order if requested by the principal petitioner. . Under the ,expedited p.v.......:.m:, the boundary LCLGBC Staff AnalYsis lEC sP 07 - 60) - November 26, 2007 Page 1 of 9 ATTACHMENT 1 - 6 EXHIBIT B J Date Received: J,I1,Ot Planner: BJ P3 commission executive' officer must prepare an analysis of the y,uyusal within 15 days from its receipt. If; after 25 days from the filing date (in this case,'December 4th), 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 y,vp':'sal is scheduled for the next regular boundary commission public hearing. Direct recipients are the individuals eligible to request a public hearing and are listed below under the first boundary,commission standard. The proposed annexation area includes one full tax lot developed with one single-family residence (~efer to Maps No: I and 2). The owner of the property requested annexation in order to prepare the property for additional residential development. ' ' The annexatien area is contigueus to the main body .of the. City .of Springfield and is in an area tetally surrounded by the Springfield city limits. It 'is located within the acknewledged urban growth beundary (UGB), which is located ab.out 600 feet to,the south. ' / The existing zoning .of the annexatien area is LDRIUF-IO, low-density' residential with urbanizing fringe overlay, in Lan~ County. It is designated low-density residential in the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). Upen the effective date of the annexation, the annexatien area will be auiomaticallyzened LDR. The lDR zone is consistent with the low-density residential plan designation. Resolutiens No. 07-36 and Ne. 07-46, unanimously approved by the Springfield city council on July 16,2007 and November 5, 2007, respectively, indicated that the annexatien area can be provided with key urban services and requested that the resolution be forwarded to the boundary cemmission. The city ceuncil reviewed the Annexation Agreement 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 the annexation. Following is a brief analysis of ea~h of the beundary cemmissionstandards. Provide an impartial forum for resolution of local juriSdictional questions. Consider the effects of the boundar;y change on other units of govemme,nts. ORS 199.410(l)(b) and 199.410(3)(c) I This annexation request was filed in accordance with provisions in ORS 199 and was detennined to be a valid filing in accordance with OAR 191-006'(adopted administrative rule en boundary commission filing requirements). The petitioner requested the p.vpusaI be.processed using the expedited procedure. " This staff analysis was sent to the following direct recipients: Lane boundary commission members, Lane County '-u","missioners, Lane County LaDd Management Division, Lane Ceunty Environmental Health Division, City .of Springfield; ~ainbow Water and Fire District, Willamalane Park and Recreation District, Betty Trotter, Gary Reed, and Doug Weber. LCLGBC Staff Analysis (Be sp 00- 60) - Nevember 26, 2007 Page20f9 ATTACHMENT 1 - 7 EXHIBIT B - P4 . Date Received: 'h ,(1. 0 i Planner: BJ .'1 The annexation area is within the Rainbow Water and Fire District. If the annexation is "'yy." ,ed, the annexation area will be withdrawn from the water district, through separate proceedings by the City of Springfield in accordance with ORS 222. 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 \\oill remain in the park and recreation district. Upon the effective date of the annexation, the area wj]] be'.annexed automatically into the Lane County M";""y,,litan Wastewater Service District tORS 199.5IO(2)(c)]. 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 theurbanizable area. This request is consistent ,with this boundary coIIUJlission standard. ' Consider the orderly detennination and adjustment of ltical government boundaries to best meet the needs of, Lane County and Oregon. Consider alternative solutions where intergovernmental options are identified and make decisions based on,the most effective long- range option among identified alternatives_ORS .199.4]0(]), ]99.4]0(2), and199.4]0(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 oftliis property fulf:LIls the policies adopted in,the Metro Plan of annexing out to the urban growth boundary. ';1 The incremental 'process of annexation causes short-terinboundaries 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 to this urbanizable area within the UGH. In the long term, territory within this geographic area will be annexed to Springfield. This annexation is consistent with boundary coIIUJlission administrative rule implementing, poliCies (l), (2), (5), and (7) which recognize annexation to an existing city, as the preferred method of servicing urbanizable land. (1) ThiJ POli;y recognizes cities as thelogi~al pro~ders of urban levels of service within urban growth boundaries when consistent with the wmy,..hensive plan. LCLGBC Staff Analysis (EC SP D7 - 60) - November 26, 2007 Page30f9 j,' ATTACHMENT 1 - 8 EXHIBIT B - P5 bate Reeelved' Planner: BJ (2) This policy expresses the commission'spreference for providing urb3J1 services through annexation to a city in order to provide urban services to urbanizable lands. ?J.{1,~i (5) This policy encourages provision of urban levels of service within urban growth boundaries. (7) This policy expresses the commission's preference for ani1exation to an existing city over all other alternatives as a means of extending services to urbanizable lands. Implementing policy (3) recognizes that in order io meet the long-term objectives of annexing 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 tlie Springfield city limits. Approval of this annexation,wilLreduce the size of this islanded area. This proposal to annex territory to the City of Springfield is consistent with boundary commission policies and this standard. Make boundary commission determinations, which are consistent with acknowledged local comprehensive plans. Assure an adequate quality and quantity of public services required in the comprehensive plan to meet existing and future growth. For major boundary changes, there must be assurance thal 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 Commission (LCDC) in August 1982 and has been subsequently amended. The Metro Plan recognizes annexation as the highest priority for extending the minimum range of urban services to urbanizable areas (policies #8 and # 1 0, page, ll-C-4) and recognizes that ultimately, all territory within the UGB will be annexed to an existing city (policy #16, page ll"C"5). The annexation area is designated as low-density I:eside~~ial in the Metro Plan. Upon the effective date of the annexation, the private property wiiJ 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 available or can be extended to the annexation area: Water - The Rainbow Water and FIre District provides water service to developed properties in this region of the urban growth boundary. Following annexatiori, the City of Springfield will withdraw the property 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 "j -' LCLGBC Staff Analysis (Ee SP b7 - 60)- November 26, 2007 Page4of9 'ATTACHMENT 1 - 9 '- ,,') R 'd'EXH/'RI;1iB I ate ecelve: '~p.~'t Planner: BJ P6 existing 4-inch water line located in Anderson Lane 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 of the city. Springfield police already provide service to nearby y.vy<..Jes 'Within the city. Fire and emen'encvservices' -,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 Sth street and Moffitt and Pheasmt A venue and Hayden Bridge Road. If the annexation is approved, the area will be, withdrawn from the water district by th~ City of Springfield in accordance with ORS 222. Emergency medical' transport (ambulance) .services are provided on a regional basis by Springfield, Springfield, and Lane Rural FirelRescue to central 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 cellters, a cOITImunity 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 ihe annexation area. Schools - Springfield ,School District 19 serves this area. Existing schools-Centennial elementary, Hamlin middle" and .Springfield' high-serve this neighborhood and can accommo'date students reslllting from new development occu,Iring within the annexation area. Wastewater - Springfield planning Staff indicates that the annexation area can be served from an existing 8-inch wastewater main thattenninates at a manhole approxima:teiy 45 feel north of the annexing tax lot. The existing system'was not intended,to s,erve 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 ,,!ow' ;.vith an agreement to connect to the permanent wastewater extension to the south along Ander;on Lane pursuant to the Annexation Agreement between the city and the owner. Th<< 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 limiis. The existing home will be connected 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 this annexation request (refer to BC File E?' S 07 - ~ 1). LCLGBC Staff Analysis (EC SP err - 60) ~ November 26, 2007 PageSof9" ATTACHMENT 1 -10 , ' EXHIBIT B - P7 , "'(1 oi Ol'lW Aecelvlild' ~' , planner: BJ Stormwater - Springfield planning staff indicates that the existing public stormwater management system nearest to the annexa~on area is'located approximately 1,000 feet to the " south at Walnut Place. A new public stormwater system. serving the site and surrounding properties is planned to be consU1lcted in Anderson Lane in the future. The ptoperty owner is required to financially participate in the design and consU1lction of the future line and connect to the permanent system consistent with the Annexation Agreement. 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 A6'""".ent, the applicant will be required to sign an' :m;provement Agreement 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 And~rson Lane when 'it is fully improved; Iherefore, no existing right-of"way is included in the annexa,tion request. Solid waste manal!ement ...: 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 and those entering the market have the capability to provide service t~ this 'area. Land use controls- The annexation area is within Springfield's portion of the urban growth boundary. 1brough an intergovernmental agreement between Lane County and the City of Springfield, the city already has planning and building jurisdiction for this property. The city will continue to administer land use controls after annexation. The minimum level of required s~rvices are either irnmediately available or can be provided within a reasonable future. time frame as: needed. This 'request is consistent with boundary, commission policie,sand this standard. . ' ) Consider .the comprehensive plan's economic, demographic, and sociological trends and projections and its environmental policies, pertinent to the proposal ORS 199.410(3)(d) and 199.462(!) .. The annexation proposal is consistent with the Metro Plan, as it is an iricremental step in implementing the long-range plan for this area. The UGB; land uses, and policies in the Metro Plan were developed to meet the future needs of the metropolitail community. The proposed use is consistent with the long-range plans for the area. This y.vyvsed annexation is consistent with this boundary commission standard. LCLGBC Staff Analysis (ECsP07-6O)'--November 26, 2007 Page60f9 ATTACHMENT 1 -11 EXHIBIT B PB OE1te Received: ~.I"1~ i Planner: BJ Recommendation The boundary commission staff recommends that the p.upused annexation to' the' City of Springfield (BC File EC SP 07 - 60) be approved without the bearing and staff report as required , by ORS 199 .466~ If a public bearing is requested, the proposal will be beard at the next available boundary commission public bearing. If none is requested it will be approved 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 beheld. Office: 99 East Broadway, Suite 400, Eugene, Oregon 97401-3111 Pursuant to ORS 199.466, I REQUEST TIlATA PUBUC HEARING and STAFF STUDY be conducted on an annexation of territory to the City of Springfield (BC SP 07 - 60), as required by ORS 199.461. This form rnust'be filed iil the commission office no later than 5:00 p.m., December 4. 2007. ReasOJi for public hearing: Date Signature Title Representing. Note: If you or your agency requests a public hearing, the commission asks that you attend the requested hearing. pr: LCBC: L VlC'D(PI2IJ07lECSPfJ760 SN,DOC Lan Sav~d: Novf!mlnr 26. 2007 LCLGBC Staff ~alysis (Ee SP 07 - 60) - November 26, 2007 Page70f9 ATTACHMENT 1 -12 ~, !J '11,;~ Date Received' , Planner: BJ EXHIBIT B - P9 " .' MAP No.J VICINITY MAP Annexation \0 Springfield (Troner) ECSP07-60 I~ _..~' ! IIII I~I N ... ~ "\~i_~_:l tJ I" ~XCD' LCLGBC Staff Analysis (EC SP rn - 60)- November 26, 2007 Page8of9 ',ATTACHMENT 1 -13 EXHIBIT B - P10 , ~to. ~ SITE MAP \ Date 'Received:. > in J Soringfield (Trotter) Planner: BJ EC SP 07 ~ 60 J ,4r- (i~;ml;- r-r~;., .~J . . III I 1~- - ~ , ~UTHER KING J :j , -, .- ~ ~ - ' ANNEXA nON AREA Includes TL 600, '17.{)4..33 Map 11; Owned by Betty Trotter , (EC SF rr7 - 60) --- z [" ~ASTEWATER LINE ExTENSION by the City of Springfield (City of Springtield/Trotler) (EX 5 07 - 61) I "I I I I Legend _ Trotter property I I Tax Lots . - - UGB city limits ,~ N + 250 o 250 500 Feet LCLGBC Starr Analysis (EC SP '07 - 60)- November 26, 2007 Page9of9 'ATTACHMENT 1 -14 ,- EXHIBIT B "':.P11 Date Received: 3. f1, () i Planner: BJ .....j ~ . 1'", Township 17 South, Range 3 West, Section 33, Map 11, TaxLot 600, as more particu1arly described and generally depicted in Exhibit A of this Resolution. WHEREAS, the proposal includes an extra-territorial exteiision for extension of sanitary sewer service to the subject site along and within the full right of way width of Anderson Lane from the south boundary of subject site to a point 50 feet 1101111 of the northerly boundary, said territory being included in the property more particularly described and generally depicted in Exhibit A of this Resolution; and, . , WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban G:rowth Boundary, and is adjacent to the City LimitS; and WHEREAS, the City Council is authorized by ORS 199.490(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 theland in the territory proposed 'to be annexed; and, WHEREAS, the property 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 D~elopment Code 6:070 and ORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in 'the annexation proposal cm:i be pro~ded with the minim1.i:lnlevel of key urban facilities and services in an orderly and efficient'ij1anner as defined in Eugene-Springfield Metro Area General Plan Policy 8, page II-B-4; and wbere there will be a logical'area and time within which to deliver urban services and far;l;,;p<' and WHEREAS, minimum, level key urban facilities and services defined in the Eugene-Springfield Metro Area General Plan, page V-3 as wastewater serVice, stormwater service, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and .~~~;;on programs, electric service, land use controls, ,co=unications facilities and services, and public schools on a district~wide basis can be provided; and WHEREAS, an annexation agreement has been l'wl'v.ed for execution by the City of Springfield and the applicant which will memorialize the applicant's and the City's commitment and agreement to the allocation offinancial'~.l'v..sibility for those long-tenn off-site public street, ATTACHMENT 1 - 15 " , i, EXHlBIT B - P.12 Date Receive"" ?Jf1,cJ~ Planner: BJ storm water and sanitary services necessary to serve the property and to meet the City's requirements for provision of the minimum level ofkey urban services; and " i. WHEREAS, the City Manager is authorized to forward this resolution SIlpporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission when an annexation agreement is entered into by the City of..Springfield and Betty Trotter, and WHEREAS, the City SIlpports the applicant's request for expedited Boundary Commission' processing.' NOWTIiEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCil.. OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section I:' The CommOIi Council of the City of Springfield does hereby recommend app' u y..J of the annexation of the SIlbject territories to the City, by the Lane County LOcal Government BoundaryCommission,LaneCounty, Oregon, said territory being descn'bed as follows: Township 17 South, Range 3 West, Section 33, Map 11, Tax Lot 600, as more particularlydescnbed and generally depicted in Exhibit A of this Resolution. 'Section 2: This resolution shall take effect upon adoption by the Common Council of the City of Springfield and "PP,w.a1 by the Mayor. , ' Section 3: This Coimcil recommendation is contingent upon, the ex.ecution ofan annexation agreement satisfactory to the City of Springfield. , Section 4: The City Council recommends that the Bo~dary,Commission expedite this annexation. Section 5: The City Manager shall forward this resolution SIlpporting the applicant's request for expedited processing to the Lane County Local Government BoUIldary Commission only upon receipt of the of the executed anriexation agreement, entered into by the City of Springfield and , the applicant ADOnED by the Common Council of the 'City of Springfield this 12-th day of July 2007 by a vote of -6... for and JL against. , APPROVED by the Mayor of the City of Springfield this --J.9- th day of ~y 2007. AlTEST: ~/~, 0- Mayor ~kun- City Recorded ' REVIEWED & APPROVED M? TO FORM.. " ...) ~~,,~ ,) \...~ DATE: -111;)"\ I r-., OFFICE OF CITY ATToRNEY ATTACHMENT 1 - 16 RESOLUTION NO. 07-36 h.~~-"''''''''~''''''' , ;; , 1. .. .~C'-'_U_~---'-'tAMii)i i 0 - , .JI1.ai ~ .~,~ ~- . h . ~......."'~'" ,,~ '.~ -'I.'}' Y Exhibit A i Date Received' Planner: BJ ~ , , ...,.. . . t' I .:l --..., Beginning at a point 9,49 chains North of a stone set in County Survey No. 673. f"r the Northeast comer of a certain halfacre tract; said stone heing accnrding 10 survey 18.03 chains East of a point 9.78 chains South of the Southeast carper of the Mahlon H. Harlow Donati"n Land Claim No. ~7i in TOl'mship 17 South, Range 3 West. Willamelte 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 Lane County. 'Qregon. ' " / > ATTACHMENT 1 - 17 . eXfi rbT If.. .A.-I iA _ ,;/ " .. . ,. NE1 /4 SEC. 33 T.1"" LANE couNTY R.3W. W.M. EXH I B111l!J3-3~111 ~r1.o~ , IWI Bd '1l:J. -~ I ... IT' ," 1"-_.-.,.- .1--'" . "-,i"e-- ...~ ~ ~.._-- . folate '/::ecelvad' .. ~ I Planner' BJ . i ; t:*"12-.....-:..-':"'. . , ~""""', ,~ 7o,...adroll . ._..lT~_" -- _ ""l. toO. .... I -- 802 .. ~.J _I 5.DIJAC. . II "', . I . g . G ;::':-;;: . ...I.t:'......... I II>Lt:.1h. 4' 28 27 l ::.:-'"....~:~~ ~ l ~ - -'._.r.'" -=--;=f- -+~/_"'D :1 :~'\i __ "" L ._..._m I I =[- ---";:;:::~ ,I ~t 'J.co.c.'~~" ~- ; I ~l ~ =.' :n, ~ " I . ._~-" .1" I I a I r~F' TARt F' . ~ L ,'- 1~;=:="'" ./ I ~:: :=: I . '.,1 l CW AC. . t - ~ = : =: I 019=((]((] d ..k~::-i'~~~~ . I I ~ ~ ~=: I =! ~t.; ~. .' .-..~~ ~-~~ :::: :=: ~ ~~~ ~ tJ: '.!HlIr'~.a IS ~ .:::: :=: ~ I ..~. . '~-:'~~.t ; '=t ,. ZOO 'l~ ::::: :=: a '! ~ ~ ~ ~I~O;' i ~O'H)o:i ~::~: ~ oJ ....."::-''=""'.'"'~-::..__ ,._'JJ'fal~ ._~~"'. 'e- Loll -. .:='; w. _.~~Arlo-""U"'Q....~I-""" ~ _ore::,... r' ::::. .....,.... tif llO4 tl . ""-~ a 1.1 1:. IIOJ' S.37UB:! 3 ~ . -.. · ..~. !, I,y' !3CQ I ':, ~o ~ ROAD ..~? 1 i~'~...r ~ ~I~~j t.. ~~~g~07 ~ I,E~'i: Q ~_",'1 , e ~ ( . ''iii1" ~ 1; -;r.:/.-:r:-~'''''"'';.G"l' ~1:..~'::40~-' .'"~ SUBJECT 107,,,<-<(1 IIOlI .1ff11 ~n:", IS-" -- - '. , ..~\ ... \, 1'U,.,lI - 1.'~ ITE ~.... ~' l'-" '..."..:.... :'.l1 ~ '.:9-'" 0; U2:....- Z. BOO- J' 2. . "'; 'I!; . ..--- I, <t I, '~ ;;:D' . ~' :'. l! I 110 '. " ", .....Jr' I ~ 1<lJ . -'.-, /" ~.' .~ .~ . I 1lOI, !', ~i . . '~" ROWAN ...:......... .rl,l~1 7; 1 -I \:' . AVE: ~ ~'r' . i ~ I, ~l ,) . "']'9," -.....JD~.'3 I .. ~ if:...4a : ~~ - '::;;';' 1-' . ~ '.~~:'..... -=- l M&."" C:4f IJ.J! .412 "; ; I'. ;;, ,,' ,,_.r f-' ..... >.".... ~4' \' -- L I~. I.....';I'. ,..-" ~t.r-. <t" ~\ ~ I 912' 91J . 500', ,405, ~p..~ .,;.,,~ .' l:J ,,<;\1: 91+ i' , t@, i '<; w" ,. (l'~\' 11 z i~ ;,,::.;-' )1 +11 I' I ~ I I 0 ' 409, P .j , .~.. r.." ... II.... Vl i i a: i ~...:-... tj"'\ ~ a: ~ ' '.' W .. ..... \V .,1 . 917 '! m i ~ l H: Jf[fr -. z ; +10 I, 1- i ." 11 at 'i 7 '~a:. -~D- """'-----'1 : .-.-- In~ . 409 ~ : \ ~ - " u :;T:CHM~i:, -, ~ :~~.;.' ~~: ~.~'''''''"1. f . ~ c . . . . + i '" . "..... "..,-:r.:... . 1" ,.- "-':"'" .. ,..,.... T ~ l~ ,~d ~Z .,:0>- .<t '3: "t5 :I: oa. i ~ i . t..~- . l ~ ,. _ 10C% SEE IW' 17, 1IJ 2Il 4 CNCEU.EI> 40CI 7., 100 "" '47 c '. :'Iw ~' i .' ~I , .. IIOlI ~ . , . - -,.... I..... ", l:1l;:; iii~H~ , " ; :p ! I" , III !i 'I 'Ii H I; ",/( '.,- II :ijl'C liI:!li 1.....1 ""(' I! h ~ l! - i i i i; j i" 'a~r" : . ,. i ,aill , 17 03 33 11. , "EXHf'BIT B/- Oftta "ecelved' 'b, 11.,0 <6 Planner: BJ P15 EXTRATERRITORiAL ~AREA Beginning at the Southwest comer of Parcel 3 of Land Partition Plat 2003-P 1699 recorded for public record at Reception No. 2003-084617 September 2, 2003, Lane County Deeds and records in Lane County, Oregon; tpence 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 SO feet to the West right of way of Anderson Lane; thence, thence Southerly along the West right of way of Anderson Lane, 240.01 feet; thence leaving the West right of way of i}nderson Lane, at right angle thereto, Easterly 50 feet to the Southwesterly comer of that tract of land described in a deed from West Coast Investment Group LLC t6 Betty Trotter recorded'for public record November 19, 2004 at ReCeption No. 2004-089458, I::ane County Deeds and Records in Lane County, Oregon; thence along the Easterly riihrofway of Anderson Lane 109.01 feet to the point of beginning, all in Lane County, Or~gon. , A TT ACHMENT1 - 1 9 ;., ' EXTRATERRITOFUAl 1'\1 I I_ I I I ;, " " , [' I I I , .,' ':',1 , ',I ,,' I ":"'., I '::' ",: I ,'; I ~:. ~ ., . .' , ~~: ~ I .' I " "'"., ':,.;....:.~., :,,'I,"{.,.J:'l . ~i ,I ," , ,f{;::.j; ":;;'t;~ ; , ,:J .~:> :;~..: "~\~.1t,'1 .....'...1 ':'?'l' " 1 'I I 1 I I I 1 I I 1 I -- WiL~ " , EXHIBIT ,B -:/P16 , ' , ' Date Received:~\( AR EAP,anner: BJ , 'Springfield. OR i I ": , I! -, ; " , t ' 1 ./ I t I ':~ I I ----..I-.r \ 1,,' '11\t:,~ ..... 11--- , , d ~ .~:, "J' '\ " ......... - 1 ")"'... "-' " :( , ,~...... 1 , ,~~_.~-a! \ ,I 5Y."sr, Gi' ..---...1.---- ",,- , ANDERSONLN, ,,' ~rtll.,.-+ 'I ~I ---~:-.:- '" 7,'A-I';-'eA' OF' T' 1~1 )h' , --'~ , ,.- " B'I~7.!c.,/~~: TL"',, l J---- 'dO, ~L ,', if , (\' f.. : ,/1, ',' 1 , 1 w r~ I ' a: ' 1 w I ~ I' 1 ~ 1 1'/ 1 1 1 I 1 . t;I~---D~~~~~I~~~-:-~ :'1' I i I " I j I 1 I "l II .. 1 t CITy /...murS . .;:-L , ," z -' ~ OJ a: w !2 < no. , ' ;'.... .1 j I I I , ./ ./ J ! r- I "y---' ' ." - ~-~,- - , , i , ' .' " I, I , _ Slonn Line _ _ . Sarital)' Line r-":'I --- r-:--l --- Within cay Linits Not Within City Umits o 7U 140 Feet ~..._.~-~*.Ir1fllDll-:l. [k~_"~(l'jIr-r"',,""..rri1lf ;--.:r""', ..ad_.."m....~G/a;,prDI/IG .u.,2<<J7 ATTACHMENT 1 - 20 , EXHli'fTO~ 3;jV r-*-'-~"-;;'" 1 r! I ~-;;-;:-'~'-[jatel'la.CQI~ad: 3/16i , '" !; ,.' planner, BJ NAn 63/91" i :' ~I.:-~.-!;t':-~ . l - ~,"".I,", ~ 'I ~_.... , ~ :\ i.'~I~.J~~~I~;'~~E: "'.. !O .JII'., ~. ~1Zl .1., _'j..;. ..,,- . ~tlL;f~ V' -.-01. _ , Wi. '. ~.ro';r ;/111 b~ ,I" :J,', :nw ~... ~ ~., i ._~.:: .'~' i a1C2AC. ~ ~ 1 I ~ -t--' . ..-.--- ."..... --'-~'"'''' ..............-.-......, R.3W. W.M. NE1/4SEC. 33 T.n..... LJ.NE COUN1Y SCALE I" - ,00< SEE: IIJJ' 17 03 211 4 ~''''''''a('.:III''.II t . , ~ . ~.,,",..- . . . ,; . i .. ~ 'u,~tl':r:..~ . ,..' ",.11 ._,,,.. lu: 'io ;z .~!. >- ,oCt .=: .:z: (.:l :z: . ~.J.e:." ~--F:~ ~ -- B02 2/ 5.DI1C. I I I I I ! j I I I I I ~ I_~ 1'" ' :I~,'l ~~~ J ~' . ~I ~ , , ! , I , ! ~ ~ ...~ ~r"f' I ' , I . " I . , ' 2lI;-f -+' 1:.:.1.H,;~' :I I .,.~...u ~-- - '..:/ 3334J L~ .~ . i I , I I I .~,SUBJECT ...~;.l'~ s-riE '.'. if ' , _'~" RciW.l\'N " . AVE. -.. ---~_.~ \lIU.". .-... ..if-~.. BOO 1, ~'f .' . . ;:z.,.' ....?"'"_-.. 019==((J)O I I '-.., ~ i ,_..~. _---..-. _,...r ..- ' ~~."., ,I j ~~~ ~~ '"4""1 (I ~ i1~:-' N~'"' ~~~ ('-'" . ""'J, .07 ~ . lIQ8 .1If- iF. ..._' ~f\\<(-..~ I wl~t~.~'::'-h ~ -' Z BOO' ~ ,.1:-:_" -uL.- <:( . il,o '. ..Jll l .411 .J~>f i ~ ~~ t ..~j I rl.lf ~:. : .. /1,.'1 7' ..~. ',',. 't. ;;{" . I.I.IC -'~ __ IWJ....J: r.J. _I.,..,.~ '\!',I 1<9- 103 ..i:Z.~; ~\ ~--, --... ".. - l '"~"~(:41 WI,4'21', ;i.;'~~'gij' i~"'-'.I r"~'--I:~';~ ~<l~~~~; .~ ,,::.:' 1(,\~ 9'4 ~ ~ 2!1 . -~ .... , <( f\ ' "z ; "... n 411 "j . ~ 0 - .:. 408 .. 4 ..... . ~ ...... Ul ..~~':: 0::.:_.....-'" 0) IHI' c: ~:', \"" d~" 'oJ , ";.w I~LJ~!"'_, WoI 410. 1 ~.;ll~ ,j it; ,;7' i ~'l . I; ~' " oCtl i '...," ~. -:;;-t ': ! -408 : _I I ..-~ . [:'6 !~ ;".....,. J d.~-.~d;:_ . . f ~)..,_. ATTACHMEt 1 -21\ ~=-...e-' -' L Doe . -~. CNlCElUD "" "" ... '... 14' I TN1=" TAR! ~ 1o,I~ ._v ........ __I U... .~.. ....... --. ......... I_V loI...... __. ... - - ....- .-- ~- 1_1:::l' ~_ ._c la.... --..;1; ....... __. ..a_ ___ a := :=: c: ..._ I_I uJ _ _ ~ ~_I I_I "'~ I_V l&I ........,. ---- ~ 1,.1" ,d i ~ j j ~l " Hi IIi li:! ! i ii . ~ it ~:~ l l;:!! ; i i l: / I ~; i~ ; 17 03 33 11 I, I !)ate ReM~M:I ~,~1.~ f18 , Planner: BJ " ANNEXATION AGREEMENT This Annexation Agreement (" A&""",,-,ent") is made between the City of Springfield., m Oregon municipal c..,..t'~.";';on ("City") and Betty Trotter (" APPUCANT"). RECITALS , A. APPUCANT owns the parcel ofIand legally described in ExhJ."it A (the 'Tl.~.t'...;I'), and shown on the mapatta.ched as Exhibit B. '!he r .v.t'''':;j is proximate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commi.,.;on ("Boundary Commission'') following minor boundary change processes. B. APPUCANT has submitted to the City an Annexation Applica1ion Journal No. LRP2006- , . 00007, ~ Janmiry 11, 2006, for ASsessor's Map ~o. 170333 I I, Lot 00600 (the 'Tl._~ ' , C. APPLICANT 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. 54 .t'~..:ng the annexation. , D. The F.~.t'...;j is currently designated as Low Density ResitlP.T1tial (LDR) on the Metro Plan and is zoned LDR according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under SDC 6.070(2) that the r.~!,...;j can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a, plI-B-4, and such showing is suppof'\ed by the substantial evidence in the 'record 'of the pro~ on this annexation. City:staffhas det=ined the minimum level of key urban services is currently available to the Property with the exception of public sanitary sewer service, public storm water managemenfservice, and street connectivity to adjoining .t'.~.t'...;y that fully meet City Standards. The purpose 'of this A&........ent is to memorialize _ ,APPUCANT's and City's commitment and a;,............ent to the iilloca1ion of financial ...~.t'v.uSl'bility for public facilities a:i1d services' for the'F .~.t'...;j and other users of the facilities, su:flicient to meet the City's <""{"';';"ll.lents for the provision of key urban services, including long-term public sanitary sewer, stormWater m:magement" street improvements and fire and Me safety servic~ necessary for an RffiTTnRtlve City <",^,~enda!ion for the annexation request " . _ ' F. A public sanitary sewer 'J'~ with su:flicient capacity to serve the I1~.t'''';J and other existing and l'<v!'vsed ~d uses in the vicinity of the Property is necessary to support Ii finding tha1 this key,urban service is available tOserV~ the F<v!'''';J' After Recording, Return to: . City of Springfield Public Works Department 225 Fifth Street Springfield., OR 97477 Attn: Engineering Division Place Bar Code Sticker Here: .' &..vision DlW: 1211812006 ANNEXATION AGREEMENT "':'Page lof7 ATTACHMENT 1 - 22 EXHIBIT B P19 , i Date Received:, 6, 11, ~ Planner: BJ ~ D An existing 8-iDch public samt!Iy sewer ends "t't'M~ly 45 feet north of the north t""1'",~j line of the Property. This sanit!Iysewer sYstem was not intended to serve the Property or other lands to the south due to its shallow construction. D ' Permanent sanitary sewer service is planned to be provided by extending a sanit!Iy sewer from'the existing sewer line at WalnUt Place, located ~t',u..:lnately 1000 feet somb. of the Property, via a northerly extension along Anderson Lane. This new , sewer IDain shall hereinafter be ,,,:,,,...d to as the "Sanit!Iy Sewer Main Extension". D TempotaIy sanitary sewer service to the Property will be provided by allowing a connection to the shallow sanit!Iy sewer manhole to the north, with the intent to connect to the permanent Sanit!Iy Sewer Main Extension to the south, aiong Anderson Lane, sometime in the fumre. '. G. A public stormwa1ermanagementsystem with sufficient capaeity to serve the Il."t'''';j and other existing and t""t'usec\ 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. 'D An existing public stormwa1er mana~ent;system is located in excess of 1000 feet to the, south of the F.ut'....;j at Walnut Place. A new public stormwater line is planned to be constructed in Anderson Lane to serve the !',ut',..;y and other lands in the future. This new stormwa1er line shall hereinafter be refeIred to as the "Stormwa1er System Extension". , . Astonnwater manhole exists at't'.u...ill1ately 320 feet north of the north line of the 1\u1''',;j, in Anderson Lane, just south of Kellogg Road. However, this system is , too shallow to be extenrlP.il to serve the Property. ' D The APPUCANT has performed Ii percOlation test for the soil on the Property and proposes to construct properly designed drywells to manage rooftop stormwa1er . drainage. .,', .' Ii An interconnected transportation system with the existing and t'. u t'u~ed land uses ii:1 the , vicinity of the Property is also required in order to provide access and a transportation system forthe provision of Fire and Life Safety seryices to and from th~ annexed t"':'1'''';Y. D' The Property is adjoined by AnderSon Lane on the west This public street is currently maintainedby Lane County. Anderson Lane is partially L......t'. u..ed, with a strip of pavement withpurb and gutter on the west side, but no sidewalks on either, side. DTheright-of-way for Anderson Lane is 50-feet wide along the frontage of the Property. ' , D The Springfield Development Code allows that if a t'.ut'~~J is not contiguous to a fully improved street frontage, an Improvement Agreement is reqUired for the future improvement of the street to full urban standards. . ,.;- 1. In order to faCilitate orderly development of the F.ut'".;j and ensure the fiiII provision of key Urban services that are satisfactory to the City and meet the City's conditions for an affirmative rec.o=endation for ann~tion to the'Boundary Commission, and in exchange for the obligations of the City s,et forth below, APPLICANT shall comply with all , ' reqiillements imposed on APPUCANT in this Agreement ' ~AG~-Page20f7 , "., ~XHIBIT B - P20 giiA\0,Rt!lte'ved:~ 11,6. ---~ '"' Pltln~r: BJ Now, therefore, based upon the foregoing Recitals, which are sPecifically made a part of this , A&~ent, the parties agree as follows: ' " " , AGREEMENT 1. Oblil!ations of APPLICANT. Consistent with the above Recitals and subject to the issuance ofPai1ition and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. 1.1 Apply for Tentative Partition. Plan approval rrom the City, pursuant to Springfield Development Code Article 34, to partition the Property within six (6) months of the effective date of the Boundary Commission's"t'jJ~uya} of APPLICANT's annexation request. 'This section is subject to the requirements of Section 8, below. 12 Apply for, and obtain, Partition Plat "t'jJ~U ...al'from the City, pursuant,to Springfield 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 ":I'jJ~U val issued pursuant to SectiOn 1.1, above. This section is subject to the requirements of Section 8, below. 12.1 APPLICANT agrees and uncL.........ds that their proposed connection to the sanitary sewer'system is temporary. 1.2.2 ,APPLICANT is required to participate, in the manner described herein, in the construction of the Stormwater System Extension, and connect to this new stormwater system when it becomes a~ailable. 12.3, APPLICANT is required 1:0 participate, in the manner descn"bed herein, in the constrUction of the Sanitmy SeWer Main Extension, and connect to this new sanitary sewer system when it :,......:;~es available. 12.4 APPLICANT further agrees that if the temporary sanitmy sewer system fails or the storinwater fails to percolate within the private infiltration facilities, ' then APPLICANT is fully respon$ibleto provide alternative sanitary sewer and/or storm~ facilities to, the sliti.m.ction of the City. ' , : 1. 1.2.5 APPLICANT rtirther agrees to ,hold the City hannless for any and all claims that may arise frciin any delay of,the development of the Property as a result , of the City's performance, or lack thereof, on completing the street, Sanitary Sewer Main Extension or Stormwater System Extension. 1.2.6 Prior to or concurrent with Partition 'Plat approval by the City for any portion of the Property, APPLICANT shall sign Improvement Agreements for each lot Said Improvement A&....~~ents will provide for urban standard streets, sidewalks, street lights, Sanitary Sewer Extension, Stormwatet System . Extension, and other public infrastructure as may be deemed necessary by the City. The Improvement A&..........ents obligate theowner(s) of the r.vjJ".~i to .,,' :: ANNEXATION AGREEMENT - Page 3 of7 RcvisionDa1c12l18a006 ATTACHMENT 1 .;.. 24 -" .. . I ! , EX~ ll~ ~~ ~ Date Received: '. Planner: BJ ; B - P21 -' pay their l'.U~M;';Ona.te share of the cost, as det=ined by the City, to design apd construct the urllan standards improvements. 1.3 Develop on-site and off-site public sanitary sewer cOnveyance systems as needed to proVide sanitary sewer service to the development as follows: 13.1 Subject to City Engineer approval. 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. 1.32 APPLICANT sba11 bear the full cost and obligation to design and construct the' temporary public sanitary sewer system that connects fu the existing shallow sanitary sewer system to the north of the Property, including but not limited to engineering costs, permit applications and fees, legal costs, construction and inspection,costs, 'and the preparation of as-built plans. .. .. D' \ 1.4, Develop on-site and off-site public stormwater mRnRgement systems as needed to proVide drainage service to the development,as follows: 1.4.1Pri9r to occupancy' approval for any new strucfure on the Property, . APPLICANT sba11 'l'wl'",,;y design and construct dzywells, as approved by the City, to serve the rooftop drainage of each lot. Said dryweIls sba11 be privately owned and maintained by ~e APPLICANT or their heirs, exeCutors, assigns, Rrlm;n; strators and successors. ' 1.42 Grant to the City the easements neceSsary to acCess, ul''"-'''';'; and maintain a " public stormwater mRnRgement sy'$:m on the Property, ifneeded. Easements for piped portions of the .J"........ will be a minimum ofI4-feet ~de and may be wider depenmng upon the size and depth of the pipes within ' ~eeasemexrt. P~~~,ent widths for open channel portions of the system sba11 '.. be detP.Tmim'.d based upon the design width of the channel plus 10 feet on one side and 25 feet on the 'Other side to acco=odate access and maintenance by City personnel and equipment Actual easement widths and locations will be det:=ined dlIring the Partition Tentalive Plan review. 1.4.3 APPLICANT shan bear the full cost8nd obligation to design and construct the stormwater drywells to serve the rooftop drainage of each lot, including but not limited to engineering costs, permit applications and fees, legal costs, construction and inspection costs, and; the preparation of as-built planS. 1.5 Develop on"site and off-site publictrailsportation systems to provide transportation service to the development as follows: " 1.5.1 Subj ect to Partition Phit approval and City Engineer "Pl'. u;al of the requisite Public Improvement Plans, APPLICANT shall sign Improvement Agreements for each lot to obligate the .owner(s) cifthe r .ul'''''~f to pay their proportionate share of the cost, as determined by the City, for the fu~e MlIIr.AM!II4'iIENl1GREEMISNT .::. Page 4 of 7 'b--:"':_ '1"'\.....0.- '''"D"nnL I. EXHIB.IT.B - P22 Date Received. 1; . 11, o~ Planner: BJ' design and 'construction of Anderson Lane as a fully-improved public street along the frontage of the }\"y...;f. 1.52 A maximum of one (1) public street cOnneCtion will be pemittedfor each proposed new lot . 1.6 ,ProVide and be financially responsible for the provision of any additional urban facilities and services identified during the review and "t'y""...al of the' Partition Tentative Plan and/or the Public Improvement Plans as necessary to serve the development of the r""y...;y, including the construction and maintenance thereof. , , 1.7 In cletern:'in;ng APPLICANT's share of costs for the improvements described in this' Agreement; the full, cost for the provislon of the improvements at the time of construction shall be estimotPil For the pmposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, p=its from all agencies having jurisdiction, "';';"U"ey's fees, and all other costs reasonably associated with the implemeIltatiori of the needed improvements. 2. 'Obli!!lltions of City. Consistent with the above Recitals, City agrees to: 2.1 Initiate and support annexation ofthen"y"';f to the City before the Boundary ~ommission and sUpport APPLICANT's defense of any appeal ofa decision of the Boundary Commission annexiD.g the Property to the City. However, the City will not assume any financial responsibility to proyide legal counsel on appeal. ' 22 Conduct the timely review and deCision moking of the Partition T .......;...;.;...e Plan and Public k"",, ..emen1 Plan applications, inaccordimce willi qty procedures, for the development of the Property. ' :, 3. Covenants RunninlZ With the Land. Itis the intention of the parties !hat tbecovenants herein are np"p~."ry for the annexation and development of the F""y...;; and as such shall run with the P ""y....; 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 rov.......V. 1bis A&,"......en1 shall be "........."..:ed, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Afr~ent llJ.!ly be assigned by APPLICANT and shall benefit any assigns ot; successors in interest to APPLICANT. Execution of this A&....~ent is a precondition to'tbe support of the City for annexation of the Property described in Exhibit A to the CitY. Accordingly, the City retains all rights for enforcement of this A&,"......ent. 4. Limitations on the Develomnent No portion ofther",~y...;;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 shallqw sewer system to the north of the Property. 5. Mutual Coooeration. City and APPLICANT sha.i.1 endeavor to mutually cooperate with each ,other in implementing the various matters contained herein. Revision Dale 12JJ 812006 , , , , ' \ ANNEXATION AGREEMENT - Page 5 of 7 ATTACHMENT 1 -: 26 EXHIBIT B - P23 Date Received: g . (1 D ~ Planner: BJ 6. Waiver afRil!b.t afRemanstrance. APPUCANT agrees to sign any and all waivers, petitians, consents and all ather documents necessary to .obtain the public facilities and services described herein as benefiting the Property;' 1ID.der any Improvement Act or proc.....rl;ng of the State of Oregon, Lane Co1ID.ty or the City and to waive all rightS to remonstrate against these improvements. APPUCANT does nat waive the right to protest the ama1ID.t. .or manner of spreading the assessment thereof; if the assessment appears to APPUCANT to be inequitable .or up......;... unfairly upOn the Property. APPLICANT waives any right to file a written remaDStrance againstthese improvements. APPUCANT does not waive its right to' camment upon any proposed Lacal Impravement District (LID) .or any related matters orally .or in writing. ' 7. Modificatian .of A=....=enL ThisAfr~ent may .only be modified in writing signed by bath parties. Any modifications to this Agreement shall require the "'f'f'.u..al .of the Springfield Camman,Co1ID.cil.This Afr........ent shall nat be madified such that the key urban facilities and services as defined in the Metro Plan Policy Sa, pJI-B-4 and as required herein are not provided in a timely manner to the ;.up'.'4 &. Land Use. Nothing in this Agreem;:nt shall be construed as waiving any requirements .of the Springfield Develapment Cade .or Springfield Municipal Cade which may be applicable to the use and develapment .of this I\uf'....;y. Nathing h,erein Shall be construed as the City providing or agreeing to provide approval .of any building, Ian!! use, .or o1:h;er develapment applicatian .or Land and Drainage Alteratian Program (LDAP) pennit application submitted by APPLICANT.' " 9. APPLICANT knawsand understands its ri~ under Dolan v. Citv afTillard and by , entering into this Annexatian Agreement hereby:waives any requirement that the City demonstrate the ~lic improvements and ather .obligations .of APPLICANT, far payments, financial respansibility and'reimbursements set fa.-fuin Sectian I, required herein, are . roughly propartianal to the burden and dP.TTl~ndspl~ upon the urban facilities and services by the develapment and to the impacts .of the develapment of the Property. , APPUCANT further waives any cause .of actian it may have pursuant.to Dalan v. Citv of Tirzartl, and its progeny arising aut of the actians described herein: ' 10. APPUCANT knaWs and 1ID.derstands any rights thCy may have 1ID.der Orega~ Revised. Sta1:utes (ORS) Chapter 197 as,amended by Ballat Measure'37 passed Navember 2, . 2004. APPUCANT far itseIfiind its heirs, executars, assigns, ~rlmini<:fratorsand successars hereby waives any cliUm .or cause .of actian they may have under such ORS provisions against the City. 11. ,Invaliditv. If any pravision of this Agreement shall be de=ed unenforceable or invalid, such enforceability or invalidity shall not affect the enfarceability .or validity .of any other provision .of this Afr:'..=ent The validity, meaning, enforceability, and effect .of the Afr~ent and the rights and liabilities of the parties hereto shall be det""""in"Cl in accordan7e with the laws .of the State of Oregon. ANMINA.WMliblG~ -; Page 6af7 EXH I B IT B - P24 DATED thisl1~ day of~~ 20010 ~3, 11,01 Date Received' Planner: BJ c.., IN WITNESS WHEREOF, the APPLICANT and City have executed this 4"""",ent as of the date first herein above written. APPLICANT ../ ' I A~::I:tA \. / ~ .LObi I Betty Trotter ' (OWNER) STATE OF OREGON } ", CoUNTY OF L..;.",,'" , 55 BE IT REMEMBERED that on this l'il'~day of D1ot-rt"' \oa.--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 ""ti "f:,,~ry evidence and who executed the within instrument and acknowledged to me that Bettv Trotter executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my blind and affixed my official seal the day and year last above written. ~lA'I!..'5~ q.. LvR,Y L.- Notary Public for Oregon , CITY OF~&' By. )({ ~. Gino Grimaldi, City Manager to / \(" /.;'20 oeo 'My COIDIIlilsion Expires STATE OF OREGON CoUNTY OF LANE } 55 " '.fI. ' BE IT REMEMBERED that on this 1'1- <lay of Jl..tLl.j ,2007 before me, the undersigned, a notary public in mid for said County and stite, personally appeared the within named Gino' Grimaldi whose identity was proved to me on the basis of ""ti~ctory evidence and who by me duly .....VLU, did say that he is the City Manager of the within named municipal l:..Ll-M";';on and does acknowledge ~d instrument to be th~ free, act and deed of said municipal l:..Ll-'VL";';On, and that the sea1affixed to said instrument is'the Corporate seal of said municipal , l:..Ll-'VL";';On, 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. . ~-------------~ OFACIALSEAL TERESA J WHrrE '... NllTARYPUBLlC-<lREGON J '" ' COMMISSION NO. 385682 , MY CDMIIISSlON EXPIRES OCT. 1&. 2lIlII ~ - ~ - -W'~=-~-~:r-= -----~---_-.., 1- - - - - - - ,- OFFICIAL'SEAL ~ , AMY L SOWA : ! NOTARY PUBLIC. OREGON I \. .... COMMISSION NO. 397942 I . . MY COMMISSION EXPIRE! NClY, 8a, 100II J. .' ___________'_.~._.__.~...,,~iiV . M: Ocvelopmcnl RcvicwIDRCIl006ll.RP2Oll6/lRP2OD6-DDOO7. Troller on Andcmm Lane., rlrui -;z; ~ NOTAR:;"fUBLlC FOR OREGON U,;;J-d'()~ '1 My COMMISSION ExPIRES Revision DatI: 12/11112006 ANNEXATION AGREEMENT .,..page 7 of7 ATTACHMENT 1 - 28' . - 1._ ~~...;.W._LJHL"""AC:lI'l.,l...~._...' _ .'_. i,." . ,.... ",.~,O"~,_.",.'....,,. "''''-'"-,'(,,;;':L 1; [, - f 13 --...'} . "y EXhibit A .' ,Date Received: .' Planner: BJ " 1. (1,o~ ,;; . ... . :-;'. . " . '. , Beginning at a point 9.4gehains North of a s~one set in County Survey No. 673. fClr the Northeast comer of a eertain half acre tract; said stone heing according to survey I 8.03 ch~ins East ofa point 9.78 chains South of the Southeast eorller of the Mahlon H. Hiirlow Don~tiCln Land Claim No. 57, in Township 17 South, Range 3 West. Willamelte Meridian. ~nd mnning thence North 2.879 chains; thence West 1.58 chains to the West line cifthe R.E. Campbell Donation Land Claim No. 59, thence South along said West line of Claim NCl. 59. 2.879 chains; thence East 1.58 chains to the place of beginning. in Cane County. Oregon. . " ... .. '. .' .. . r .,.'.- .' I' " ' ATTACMMENT 1 - 2,9 SCAI.! r - 1 ca ~1lAi>1703:zB4 EXHI~7T &3 -332~1 Date Received: 0, l1 ,0 ~ , Planner: BJ NAD 83/91 NE1/4 SEC. 33 T.n~. R.3W. W.M. LANE COUNlY "rr~""""'" 01-"'. 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'-"'-..""", f......~ .-- '" "I : 9OS'~ . ,;~. 903' .~"='. 3:: Ii' ~l ,.~ ,... ,; t ~ .!~ ::I~r': ~1oC.!. 301 . ~o ~B9~D . ,,.j' · 'l'... ..,- · i .w.:.eB - an t; , '~,..i: ~ ~...30'/' ~. --.i_-W~" ... ,~"l ~ ':. .;rl>. ._:.~l~."':..11~ l!i~:c.~~~-~ SUBJECT '~:9 ~. ,,9~\1-'1 7 .~! [:$-t: . S--I'T'-E" '. , ~ ~ . L&J I,.~i:-_....- ~ __~. -:;";_' _.' Z. BOO :; . ..; ~t . 1;.Els .~:3 :', ~ ; ".ii'''' " ~r J. ,'. ! ,'jI, ~, .' .1! f' ,,,~, RQw'N .' . ~n 7 ! ta r i ~.." ~ FUo\ f,'., ,\ : ---?..'- \ _ AVE:. r,) .~.9c ~-JD~'.'3 I '; ~ ;;;.::.a':; ,~~. ~':r ---.. . U - ..-.. t 2::'%.rI':;\~ (;)/. IJ.J:' t;, ,.'- ....' f "'1 . '.~ >: .412 I't ""-4 \ -,' ,-' \..."'""--(~~' ;;,..... <l: l<i:>.... I ~1 .13 . 500 ,'4O5 ,:-..\ 1 1./1 \ .. 914: ' ,[@, 2 ' ""y' --~ , I.' ,<;.\Il ~ . ' -" ....... ~ f\ ' " ' z ' " -~~,- ) , 411 I \ .~ . ~ 0 f~ :1 a ..... .'..' I....... en ~: 4015 , . '1 8 ~ . a:: _~ ~. II ~ ~: ,,:;-w -13' .~' ~91~ ',W. ,.,LJ..,.,l-.,.... 4'D .\:::.) -.. 14 -'-" - '\ -': .n._O Z I ' '!. .i;'~' Z i'-I. 407 . >- · , ,l.," l 13' <l:1 ' ~ 7 i <t .:...~" (:f . ". ~ .,~,.... a:: ...,,, ~ ./ ...... 409 ~.. ~.....": . ~ ~ . I'~ A TT ACHM~:; I, _ 3b' . .~:.~.:.: "'!.:Z:~r h :id ~z .~:.>- .<t -3: .J: t.Il J: ~ , \ <A- . i ; , . COH<Zllm <OIl "" lOll ,tllZ .., . , ;.c....~ . I ~ '~ f I I ..I, ( I I 17,03 33 11 ~."""r..'_,,1. t I " I;}." i ! ~ i i ~ l I " or .~.,-.Jt,W , 912 ,. _.' . .17 -~ ; IZ #~, .... I ~... " Hi i Iii' 11',1 , I' ", , ;....t Jiilil ; ~ ~ ; ~ i I""{ 1!!1;: .;~'~";i II ~ "~1, ... ~ _ ~ : 1 EXHIBIT B - P27 7;,11. O~ Oate'Recelved: Planner: BJ RESOLUTlONNO. 07-46 A RESOLUTION CLARIFYING THE METIIOD 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 OR.S 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 receiving consent in writing from more than haIf ' of the oWners of land in the territory proposed to be annexed, who also own more than half of the land in the temtory proposed to be annexed and of real property therein representing more than half of the assessed value .of all real property in the territory proposed to be annexed; and,. . ): WHEREAS, the city finds there are no registered voters residing witllln the territory; and , WHEREAS, the city finds the request compiies 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, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOL VB AS F0LLOWS: Section 1: The Common Council of the City of Sprin!Weld does hc;ieby clarify that Resolution No. 07-36 should refer to ORS 199.490(2)(a)(A) as the applicable statute authorizing ,annexation. Section ~ This ,resolution shall .take effect upon adoption by the, Common Council of the City of Springfield and approval by the Mayor. , ADu.t' Hill by the Common Co\uicil of the City of Springfield this Sth day of November, 2007 by a vote of..1...forand....!!.-against (1 absent) APPROVED by the Mayor of the City of Springfield this Sth day of November, 2007. . ,. --.J V ATIEST: fktu~. City Recor1 -' REVIEWED & APPROVED ' A~~O:~ ~~ DATE: \1) \'2.,II~ LEGAL COUNSEL ATTACHMENT 1 - 31 ' EXHIBIT B - P28 Date Received: /'.I-1,6~ ~IClIII.t:tl. I:)tJ JONES Brenda From: Sent: To: Subject: TAYLOR Paula l [PT AYlOR@lcog.org] Friday, DeCember 28, 2007 5:10 PM SCOlLA Connie J; SCHULZ Stephanie E; HOPKINS Steve; JONES Brenda AnnexationlWastewater 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 day. If you have any questions. please feel free to contact me; , ,Paula Taylor. n:........:.. Of!i= Lane County Loca1 G " . -<nt BowulaJ:y C . .. > (541) 682-4425 ' Fa>: (541) 682-2635 1 ATTACHMENT 1 - 32