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Home My WebLink AboutOrdinance CMO 3/17/2008 .. Date Received: ~,11,oi Planner: BJ ... '. ORDINANCE NO. 6217 (SpeciaQ AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS TROTTER 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 was annexed to the City of Springfield by order of Lane County Local Govemment Boundary Commission under Boundary Commission Number File EC SP 07-.Q0, effective 12104/07, 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 WHEREAS, the property to be withdrawn is located within the boundaries of the Rainbow Water District, and .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 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does hereby detennine that the real property described should be in the best interest of the City of Springfield withdrawn from the Rainbow Water District in Lane County, Oregon, insofar as the property is located therein.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 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that the following described real property within the boundaries of the Rainbow Water District is and shall be withdrawn from the Rainbow Water District in Lane County, Oregon, said property being described as follows: Township 17South, Range 03West, Section 33 Map 11, Tax Lot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 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 0 against APPROVED by the Mayor of ~e cif~field this 1 ~y of March 2008. ,- ~ ---I/' _ M1r cf ~~ City Re<(slrder ATTEST: ~ =......,7, ~ "'-;r-,,~ 212 i'r~-~--'- ! ~.~.-.- ......~--~~ ...-.... ~. -.,. .f', i. ., - -- ~ ,..... UHIBII A-I"I Date Received: 3./1.6 K Planner: BJ ...-..0 , ~~i: . Exhibit A . .. .. . Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. rClr the Northeast comer of a certain half acre tmct; said stone being according to survey 18.03 chains' ' East ofa point 9.78 chains South of the Southeast comer of the Mahlbn H. Hiirlow Donation Land Claim No. 57, in Township 17 SOllth, Range 3 West. Willamette Meridian. and running 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 NCl. 59. 2:879 chains; thence East 1.58 chains to the place of beginning. in Lane County. Oregon. " ... " . ." / " ~'''II 1r1l~1I~ A / I ' EXHIBIT A -P2 Date Received: '?116~ Planner: BJ MAP No.2 SITE MAP "7tnnexation to Springfield (Troller) Ee SP07-60 .~~,~. ~ LL-/./ ~----- ~UTHER KING J ~ ~ fll , I - - . ~"- ' ANNEXATION AREA Includes TL 600, 17-04-33 Map 11; I Owned by Belty Troller , , (EC SP 07 - 60) l-i [1 I z [" ~ASTEWATER LINE EXTENSION by the City of Springfield (City of Springfield/Trotter) (EX 5 07 - 61) I "'" I I I Legend _ Trotter property D Tax Lots .. - UGB city limits ~ N + 250 o 250 500 Feel LCLGBC Staff Analysis lEe SP rn - 60) - November 26, 2007 '0..""", n....~o . 1'/4 SEC. 33 T.17S. r lANE COUNTY '~"_.''''''''i .' I ~ ~ f I I ..I ... I I I ;.3W. W.M. SCAU: ,. - 1 ocr SEE IW' 17 ll.1 2.!1 4 019=00 ,~ OOJ ~ < : 006 . 017 " " ~. ...,.... SEE IW' 17 03 33 14 . . EXtl1B~3 ~r lf3 ?{1./~ I'If\U O')/~l COH:W.m "" '" '00 ICI2 .., !TNF' HRIF' w.... ..._.. ....... --I '"*..... --. u u, u u u ~ ~ ~ - w ~ u, _ ~ - ~ a~ w ~ -. ~ - ~ nV ,__I ...--. .-. ~ .-. ::l .-. ;l; .-. .-. " .-. C ,_. ~ 1"'-. I,""', ~ - 1_'( .~. ... ___'C ... '" I ! :: . .-.-, J~ t '_U'" u ::: ~ .-~ - ...., . ~- ,!...!"..:!r'~ 8' \~ " ,200 .~ , 019.:00 ~ e ~.. , (,..,_ I" ( - , ..,"'"" 3~ 8' ~-"~l .. ' ~~:~~" Er."'.c.! 301 _1lO4~O ~~9~~& -"""""-,' ~ L1I9c. z I.G ... n , i::: . " '~07 I ,i. ~ '._..'1: ..".:H~ ,....';.<.. i ~ ~1!.;:t ;; ""-",,, i..,;~, S U DJ IE CT ~ r ~~~~-4M- 401 ,~'j ~ g 16 007 <(.'< l """ . fiitl j-.lr"," __,~. .' _...._ c;r-' ,1 w ~:._:-1,;" -- , SITE . _~. ~ nJ_r::t Z. lSOO 2 ._, 'I.!," -- ~~'.)" .;~- I, ~ . ~(~ ! ~ i Ji '.\.1) ::.-1 ~. Q'/ 'f" : ~i '. ~'1'\" ROWAN" OIl · /,'1', :1' l \ . AVO: ;: " ;f" 1;::fl"9C~~O""J' i .:::r.'~~ ~~-:;.. ~ ., J.' l U - \ ii.-;;.7f- '(j,'? l' lJ.J, i .1'12 II..J - ... III JIll'" ;;..,. ''''.U' f - - '---L ~........ > '\ 'i" . ,. ....4 1 -- L ,_. I'~M"~_I, "7"1' <[' ~ . '':J 912 ...1 1113 . 500 . ~ ':, ~\ I ,~ '...,,'. ,@,c(r........... ~ IQ .~ ."",,1 .JI~~ 91'" t ; 2 ~' #<u . (??' .. .. 12 Z . ~".'... ~! 411 I ~ . _no l 01 jf..o5 'j . I.." .I; ......., ~w ~ r ~..' 5 -.~ ---.. CD 91~ - 1" _ J - - _ "'10' ~. la ( .;" .n.... Z I' 'I," ~I ~ 407 "Z 'i >-. .~ <[I <[ ...--:.. ~ ~ ;;.~ a:.i 4O~9 I i .~-~ 1-'1'/',1 I" ",-m..' ,.a'~ ""_....... ... ;.-.-. -- \ .,...~.- ."...._~ I .. =p I., III 111:,:1 , iii.l: t I : ~ i i .,','1 iG~!. ~ HilL. 1 7 03 33 11 EXHIBIT B -P1 -oregon LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION Date Received: ?(1.D~ Planner: BJ 99 East Broadway Suite 400 Eugen,;, OR 97401-3111 (541) 682-4425 FAX (541) 682-2635 November 26, 2007 ro: Boundary Commission Members; Lan~ County Corrunissioners; 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 OfficG~ I~ EC SP 07 - 60 (Expedited Procedure) ,ANNEXATION OF TERRITORY ro THE CITY OF SPRINGFIELD (Trotter) FROM: SUBJECT: 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 for .aooroval without a oublic hearin2, or further staff study. There are two alternatives: I. If you agree with this recommendation, yoti 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 commission's office by 5:00 p.m., pecember 4th. 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 that 'you attend the requested public hearing. If a hearing is requested, it will be set for the next available boundary corrunission public hearing. IF YOU HAVE ANY QUESTIONS REGARDING THE PROPOSAL OR PROCEDURE, PLEASE CONTACT OUR OFFICE (541-682-4425). Attachments pl: LCBC: L:\B0E:XPoMEM(N()()7\ECSP0760 MEM.DOC 1A~1 Savtd: Novtmba 26, 2D07 -i . EXHIBIT B - Q~tl~ Racaiveci' ~./1.~~ f1lanher: 'BJ P2 j .~') " t'. " , ." EXPEDITED PROCEDURE - srAFF ANALYSIS LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION Annexation of rerritorv to the Citv of Sorinefield rrrotter) 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 199.490(2)(a)(A) of the boundary commission law Received November 9, 2007 Public hearing requests b~ December 4, 2007 Descriotion The annexation area includes one tax lot located in west Springfield, south of Kellogg Street, east of AndersonLane, and west of Rayner A venue Property owner: Betty Trotter (294] Edgew..", 0... Eugene) Tax lot:, 600, Tl7S R03W S33 Map II Acres: :t 0.45 Estimate of existing population: 3 (one single-family residence) Existing land use: Residential , Existing zonilig in Lane County: LDRlUF, low-density residential with urbanizing fringe overlay , . Applicable c<;>mprehensive plan: Eugene-Springfield Metropolitan Area General Plan (acknowledged August 1982 and has been subsequently amended) . . . . Existing public services to the property: Police (Oregon State Police, ~e 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 (WillamalanePark and Recreation , District), "iastewater,(onsite individual wastewater system), ~lectricity (SUB) . . Reason for Annexation The property owner requeSted annexation in order to prepare the annexation area for additional residential development. The Eugene-Springfield Metropolitan Area General , . . , Plan requires properties to annex in order to receive ur,ban services. This annexation proposaJ was filed with the boundary corriini~slon on Nov~mber 9, 2007, in accordance with ORS 199.490(2)(a)(A), initiated by the property owner, and ORS 199.466 (expedited procedure). ' No other privately owned properties 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 hearing or adoption of a final order if requested by the principal petitioner. Under the expedited procedure, the boundary , LCLGBC Staff Analysis (ECSPo7-60)-November 26, 2007, D............l.....fQ , . Date Received' ~,11.()~ Planner: BJ EXHIBIT B - .P3 commission 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 4lh), no written objections are received from direct recipients of this staff analysis, the request is approyed. However; if any direct recipient of this staff analysis does object, the p' upusal 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 (refer to Maps No. I and 2). The owner of the property requested annexation in order to prepare the property for additional residential development. . , 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 the south. The existing zoning of the annexation area isLDRIUF-lO, 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). Upon the effective date of the annexation, the annexation area will be automatically zoned LOR. The LDR zone.is consistent with the low-density residential plan designation. Resolutions No. 07-36 and No. 07-46, unanimously approved by the Springfield city council on July ]6, 2007 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 commission. The'city council reviewed the Annexation Agreement between the city and the property owner outlining the agreements between the "two parties for the provision of urban s.ervices and financing responsibilities before supporting the annexation. Following is a'brief analysis of each of the boundary commission standards.. , . Provide an impartiai forum for resOlution of local jurisdictional questions. Consider the effects of the boundary change on other units of governments. ORS 199.410(1)(b) and 199.410(3)(c) 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 nile on boundary commission filing requirements). The petitioner requested the p.upusal be processed using the expedite~ procedure. ' ,This staff analysis was sent to the following direct recipients: Lane boundary commission members, Lane County commissioners, Lane County Land Management Division, Lane County Environmental Health Division, City of Springfield, Rainbow Water and Fire District, Willamalane Park and Recreation District, Betty rrotter, Gary Reed, and Doug Weber. LCLGBC Staff Analysis (Ee sp 07 - 60) - November 26, 2007 P~OP ') nf 0 ~. ....; EXHIBIT B -P4 bate Received: ?;dH~ Planner: BJ ~ "" .):'~..,....'-,,-. The annexation area is within the Rainbow Water and Fire District. If the annexation is approved, the annexatio"n 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 withdiawn from the water district, the City of Springfield will provide fire services to the annexed area directly. . This annexation request is in the WiIlamalane Park and Recreation District. The City of Springfield is a part of this special district and receives p,ark 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 19~.51O(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 the urbanizable area: This request is consistent with this boundary commission standard. Consider the orderly determination and adjustment of local 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 altematives. ORS 199.4]0(]), ]99.4]0(2), and ]99.4]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. rerritory 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 to this urbanizable area within the UGB. In the long term, territory within this geographic area will I>e annexed to Springfield. This annexation is consistent with boundary ,commission administrative rule implementing policies (I), (2), (5), and (7) which recognize annexation to an existing city as the preferred method of servicing urbanizable land. (l) This policy recognizes cities as the logical providers of urban levels of service within urban growth boundaries when consistent with the comprehensive plan. .LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007 ~ ,h' Date Received: 1,11.D~ Planner: BJ EXHIBIT B - P5 ...._,;...."..,....",. . '....: .-......... ~-. . ~: , .. ~". < ...... (2) TItis policy expresses the commission's preference for providing urban services $"ough 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 boundaries. (7) This policy expresses the commission's preference for annexation to an existing city over all other alternatives as a means of extending services to 'urbanizable lands. hnplementing policy (3) recognizes that in order to 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 the Springfield city limits. Approval of this annexation will reduce 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 comprehensi~e plan to meet eristing and future growth. For major boundary 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 UGB. The Metro Plan was acknowledged by the Land Conservation and Development Gommission (LCDC) in August 1982 and has been subsequently amended. rhe Metro Plan recognizes annexation 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 Il-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 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 annexation, 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 LCLGBC Staff Analysis (Ee SP 07 - 60)- November26, 2007 'DI:>"'~ A ,.....f 0 Date Received: Planner: BJ EXHIBIT B - ~.11,b& P6 ~ -, '. ," existing 4-inch water line located in Anderson,Lane'th<it 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 properties within the city. Fire and 'emer!!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 statiClns are located at 5th Street and , , Moffitt and Pheasant. A venue' 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 Lane Rural FirefF.escue 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 centers, a community 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 occuning within the annexation area. Wastewater '- Springfield planning staff indicates that the annexation area can be served from an existing 8-inch wastewater main that~tenninates at a manhole approximately 45 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 connected to the new wastewater line when it is ex tended during the partition process. An application for the extratenitori3J extension of .the wastewater line is being processed concurrently with this annexation request (refer to BC File EX S 07 - 61). , , LCLGBC Staff Analysis (Ee SP 07 - 60) - November 26, 2007 u..""....c ......~(\ EXHIBIT B -P7 :I.:;\f:,"', Date Received: 1;, 11.0 ~ Stormwater - Springfield ~ BUrrf indicates that the existing public stormwater management system nearest to the annexation area is located approximately 1,000 feet to the south at Walnut Place. A new public stormwater system serving the site and surrounding I'wl'''....ies 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 co~nect 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 Agreement, the applicant will be required to sign an hnprovement 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 ~upports 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 facilitie:i. - 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 provi.de service to this area. Land use control~ ":,The annexation area is within Springfield's portion of 'the' urban growth boundary. Through 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 services are either immediately available or can be provided within a reasonable future time frame as needed. This request is consistent with boundary. commission policies and this standard. Consider the comprehensive plan's economic, demographic, and sociological trends and projections and Us environmental policies, pertinent to the proposal. ORS 199.410(3)(d) and 199.462(1) The annexation 1" VI'Vsal is consistent with the Metro Plan, as it is an incremental 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 furore 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 commission' standard. LCLGBC Staff'Analysis (Ee SP 07 - 60)- November 26, 2007 Page 6 of9 EXHIBIT B - PB " Data Re~iverl' Planner: BJ 1;, Ii/A fl:"'"'__"...."_ ;_ , " '. J~.l;J '.,.~. ,.. Recominendation The boundary COJJJIIlJSSlOn staff 'recommerids that the proposed annexation to' the City of Springfield (BC File EC SP 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 h'eard at the next available boundary commission public hearing. If none is requested it will be approved and effective December 4, 2007 (ORS ,I 99.466 and ORS 199.519), ### . " Sign and return this fo,!" to the boundary commission office ONLY if you desi~e that a public' 'hearing be held, Office: 99 East Broadway,.Suite 400, Eugene, Oregon 97401-3111 Pursuant to ORSI99.466, I REQUEST THAr A PUBUC HEARING and SrAfF STUDY be co'riducted on an annexation of territory totlie 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 fot public hearing: Date, Signature . .' Title' ,.' Representing Note: If you or your ~gency requests a public hearing, the 'co~ssion asks that you attend. the . . 'I . requested hearing. pr: LCBC: L'VJCIEJ(NOO7lECSP0760 SN.DOC lAs(StllJ~d: Nov~mba 26. 200] LCLGBC Staff Analysis (Ee SP07 - 60)- November 26, 2007 n...__ "'7 _en. EXHIBIT B - P9 ~;,.,._1_...~~ '_ ,1.... . ..._'. Date Rocalved:_Q 11.05 .,Plariner: BJ MAP No.1 VICINJTY MAp i Annexation 10 Springfield (Tronb.' ECSP07-60 I . I /: , .---:- ~. ., , ~ 'I" \ \, J r I I I~' I, " ~"' ~, I ._\' ,I, I, II~ 1l1:\~1IT , fJ 1"::XLD' LCLGBC Staff Analysis lEe SP 07 - 60)- November 26,2007 D.."........ Q .....fO EXHIBIT B - P10 Date Received: Il ~ '1.D ~ Planner: BJ MAP No_ 2 SITE MAP Annexation to Springfield (Trotter) EC SP 07 - 60 'j~1 (, . I ' III I I I , . -. I) . - ; -"- ~ ~ r-:Il : j -wkmJ(UTHER KING J I --..' - ' ~'J <:i;~. ANNEXATION AREA Includes TL 600, 17-04-33 Map 11; Owned by Betty Trotter . (EC SP 07 - 60) [" ~ASTEWATER LINE EXTENSION by the City 'of Springfield (City of Springfield/Trotter) . (EX S 07 - 61) I '" I I I Legend _ Trotter property L-J Tax Lots ... UGB city limits 1m] N + 250 o 250 500 Feet ...-' ,I LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007 n___n:".rn .~ EXHIBiT B . J" 'I.... .~ D"u1.6 S ~. ., . , . v.'" , , ",,' ., . Date Received: Planner: BJ RESOLUTION NO 07-36 A ~SOLUTION INITIATING ANNEXATION OF CERrAlNTERRITORY TO mE CITY OF SPRlNGFIELD INCLUDING EXTRA-TERRITORIAL EXTENSION OF SANITARY SEWER SERVICE ro mE' SUBJECT SITE AND REQUESTING TIIAr THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE , . 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 descnoed as follows:' rownship 17 South, Range 3 West, SectiOli33, Map 11, ra~ Lot 600, as more particularly described and generally depicted in Exhibit A of this Resolution. . WHEREAS, the proposal mcludes an extra-territorial extension for extension of sanitarY sewer servi~e to the subj ect site along and within the full right of way width of Anderson Lane from the south boundary of subject site to a point 50 feetnOJ;th of the northerly boundary, 'said territory being included in the property more particularly described and generally depicted in Exhibit A 6fthis 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 ' WHEREAS, the City Council is authorized by ORS J 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 tlian half the.1and 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 Development Code 6.070 andORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in the annexation proposal can be pro0ded with the minimum level of key urban facilities and services in an orderly and efficient ip.anner as defined in EugenecSpringfield Metro Area General Plan Policy 8, page TI-B-4; and where there will be a logical area and time within which to deliver urban services and facilities; ind . '. I " WHEREAS, minimum level key urban facilities and services defined in the Eugene-Springfield Metro Area Genera1.Plan. page V-3 as wastewater service, st~rmwater service, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls;co=Wlications facilities and services, and public schools on a district-wide basis can be provided; and , ' WHEREAS; an annexation agreement has been proposed 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 of financial responsibility for those long-t= off-site public street, ,-' P11 , I, EXHIBIT B - F12 ;." , Date Receiveri: 1;,11og '. . ..' '.' '. Planner: BJ . storm water and s~.tarY services necessary to serve the property and to meet the City' 5 requirements for provision of the minimum level of key urban services; and WHEREAS, the City:Manager is authorized to forward this resolution supporting the applicant's . request (or expedited processing to the Lane County Local Government Boundary Commission when an annexation agreement is entered into by the City of Springfield and Betty rrotter; and WHEREAS, the City supports the applicant's request for expedited Boundary Commission' processing. NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby recommend approval of the annexation of the subject territories to the City by the Lane County Local Government B~undary Commission, Lane County, Oregon, said territory being descn'bed as follows: rownship 17 South, Range 3 West, Section 33, Map II, rax Lot 600, as more particularly described 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 approval by the Mayor. Section 3: This Council recommendation is contingent upon the execution of an annexation agreement satisfactory to the City of Springfield. SeCtion 4: The City CounciJ'recommendsthat the Bo~darY Commission expedite this annexation. . Section 5: The City Manager shall forward tbinesolution supporting the applicant's request for expedited processing to the Lane County Local Gove=ent Boundary Commission only upon receipt of the of the executed annexation agreement, entered into by the City of Springfield and the applicant ADOPTED by the Common Council of the City of Springfield this .lL" day of July 2007 bya vote of-6.. for and L against APPROVED by the Mayor of the City of Springfield this --1Q.. th day of ~y 2007. A'ITESr: J<f) (j I Mayor REVIEWED&. APPROVED AG.TO FORM" \.. . -...:l c::.e.ev..J . ~ DATE: -1 \ t>,\ I t",l , nrrlrr n~ r.ITY AT1'ORNEY ~~~^TnmTn~ ~^ n7_~~ ".._ ...,...."...r..t_~~~...~..- ~_.~'""'........-.-. ~.~ . -..- ,. -~~-- , -t.J\H(tlll tl - 1'"1,) . ~ " hJ , ~.~{ . Exhibit A Dme Recej~ed: Planner: 8.:1 ?,ll,~D . . .... " -.r L. , ~ i . " "\'. . " Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. feir the Northeast comer ofa certain halfacre tmct; said stone heing nccnrding to survey I 8.m c1mins EaSt' of a,point 9.78 chains South 6fthi: Southeast comer of the Mnhlon H. Harlow Donntion Land Claim No. 57, in Township 17 South, Range 3 West, Willamette Meridinn. and running , 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 EastU8 chains to the place of beginning. in La'ne C?unty. Oregon. " ..,. I' . ;' eM rbT A " NE1/4 SEC. 33 T.17S. R.3h. W.M. LA.NE COUNlY ;'SCAl.!: 1.,';:";00:"" . ~.....~.ow:~"u. f . -I , , , " . . . . + . i .' "~.l~U. "". . ,.' .~,. 6_"~" q , 'If) I . . t.,.~- . f 1 I ~ ~ ~ I I ,,\ I I I EXH I BJI1 ~3-3.~111 r'rr"'-' ~--.~. J'.__". . .....6...C'_,fi..r:~ l ---. . : ~ I. .Date Received!?' 11-O'b r.:'~. ~~~..-... 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" '"', ....-....... C .' , 912 ~ 10 '.. .... , . 917 .. l:>H:El.!J) "'" '" 100 IC2 '47 ::l ._, .. .~. ... .-. . .-. c. '-' ~ I"-~ .~~ ~ - '-'j .~ ... .1.......... ... on !I::!i~+. liif - ; III! ' , ii, .l!iiJ I:"".t ' ,~ ~ I. 1':1.. \ = ~: L lHi;', . ~~'i,~.; I~ ' 1. ~' : ,I H~ H.i.. 1 7 03 33 11 SEE \lAP 17 03 33 14 . -=. ..., - .~~~, /" .,,;/-;..' . . '. 'r~. f.-, :':.. I, EXHt'8IT B - P15 ?i/1.tt Date Received: Planner: BJ EXTRATERRITORIAL AREA " Beginning at the Southwest comer ofParcel3 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 Eastright of way line of Anderson Lane at right angles thereto, Westerly 50 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 Anderson Lane, at right angle thereto, Easterly 50 feet to the Southwesterly comer of that tract ofJand described in a deed from W est Co~t 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 ri~t;ofway of Anderson Lane 109.01 fee,t to the point Ofbeginn.ing, ~ in Lane County, Oregon. .. . it - Date Received:...211.G~ Planner: . BJ "':.":""ExtRArERR~TOR~AL AREA .1 i, EXHIBIT B - 1'16 Springfield. C It 't . I ii . . .: ~ ----.: / ' / / 'r , I I " I , , . -.t .:'./ . 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Date Received. o.11oi Planner: BJ, ' ANNEXATION AGREEMENT EXHIBIT B - 1',18 }~ S;-~I;:"""':'\ ,-f. This Annexa:ti.on A&"........ent ("A&",,~ent") is made between the City of Springfield, an Oregon municipal corporation ("City") and Betty Trotter (" APPUCANT"). RECITALS A. APPUCANT 0"WIlS the parcel of1and legally described in Exhibit A (the '1"v.l'..... ~/,), and shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional J.iriJ.its of the City and is subject to annexation by the Lane County Local Government Boundary Commission ("Boundary Comm;oo;on'') following minor boundary change processes. B. APPUCANT bas submitted to the City an Annexation Application Journal No. LRP2006- . 00007, da1ed January 11, 2006, for Assessor's Map No. 17 03 33 II, Lot 00600 (the :T "'\J'p'-.L~I'). C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation before the Boundary COI"",;ooion. The Springfield Co=on Coimcilbas adopted Resolution No. supporting the annexation. D. The Property is c=ently designated as Low D,ensitj Residential (LDR) on the Metro Plan and is zon~d WR according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under SDC 6.070(2) that the Property ,can be provided with the minimum level of key urban facilities and services as defined.in the Metro Plan Policy 8a, p.ri-B-4, and such showing is supported by the substantial evidence in the record of the proceeding on thiS annexation. City:staffbasdet=ined the minimum level of key urban services is c=ently available to the r.~-,,':'.~J with the exception of public sanitary sewer service, public storm water m"n"eemenf service, and street' connectivity to adjoining property that fully meet City Standards~ The purpose oftbis Agreement is to memorialize , APPLICANT' 5 and City' 5 commitment and a.,.......u..<ent to the allocation' of:financial responsibility for public facilities aild services for the r.v.l'....~1 and other users of the facilities, sufficient to meet the Ci:ty'srequirements for the provision of key urban services, including Iong-1:= public sanitary sewer, stormwater management, street iu.....l'.v iements and fire and life safety services necessary for an a.ffirma1ive City reco=endation for the annexation request " F. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the r .v.l'..... ~i is necessary to support a. finding that this key urban service is available to serve the Property. . After Recording, Return to-: City of Springfield Public Works Department. 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division Place Bar Code Sticker Here: ANNEXATION AGREEMENT-Page 10f7 Rtvision Date 1211812006 " '''. EXHIBIT B -:- P19 "~.- ,," ~ Date Received' Q.(1.o~ Planner: BJ · An existing 8-mch public sanitary sewer ends "t'.l',v~ly 45 feet north of the north property line of the Property. This sanitary sewer sYstem was not intended to serve the Property or other lands to the s()11th due to its shallow construction. . . P=anent sanitary sewer service is planned to be provided by extending a sanitary sewer from the existing sewer line at Walnut Place, located Bt--.l',v...:mately 1000 feet south of the Property, via a northerly extension along Anderson Lane. This new sewer main shall hereinafter be referred to as the "Sanitary Sewer Main Extension". · Temporary sanitary sewer service to the Property will be provided by allowing a connection to the shallow sanitary sewer manhole to the north, with the intent to connect to the permanent Sanitary Sewer Main Extension to the south, along Anderson Lane, sometime in the future. .G. A public stormwa1er m~n~gement system with sufficientcapaeity to serve the Property and other existing . and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. . 'An existing public stormwater m~n~ gement system is located in excess of I 000 feet to the south of the Property at Walnut Place. A new public stormwater 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~. D A Stormwater manhole exists approximately 320 feet north of the noith line of the ':-..v;'....,y, in Anderson Lane, just south of Kellogg Road. However, this system is , too shallow to be extended to serve the Property. . The APPLICANT hils performed a percolation test for the soil on the Property and proposes to construct .l',v.l',",Jy designed dIywells to m~n~ge rooftop stormwater . drainage. ' , II. An interconnected transportation system with the existing and proposed land uses in the . vicinity of the Property is also required in order to provide ac.cess and a transportation system for the provision of Fire and Life Safety serviceS to and from the annexed .l'o~y...~y. . The Property is adjoined by Anderson Lane on the west This public street is currently maintained ,by Lane County. Anderson Lane is partially by, v ,ed, with a , strip of pavement with purb and gutter on the west side, but no sidewalks on either, side. · !he right-of-way'for An~on Lane is 50-feet wide along the frontage of the ,I,.v~\."I,I.J. . ' · The Springfield Development Code allows that if a property 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 Property and ensure the full provision of key urban services that are satisfactory to the City ,and meet the City' 5 conditions for an affirmative recommendation for annexation to the Boundary Commission, and in exchange for the obligations of the City ~et forth below, APPLICANT shall comply with all requiiements imposed on APPLICANT in this Agreement . . , Al\.Tlo..rcVATTf"\l.T Af'2D'C'1::'1.A""U),:rr D..........., ,..~'7 Date Received: -; ./1. 1& . Planner: BJ EXHIBIT B - 1'2(:) 'f::. ~" Now, therefore, based upon the foregoing Recitals, which are specifically made a part of this 'A&"",~ent, the parties agree as follows: AGREEMENT 1. Obli\!ations of APPLICANT. Consistent with the above Recitals imd subject to the issuance of Partition and Public Improvement Pian approvals, APPLICANT agrees to perform the obligations set forth in this section. 1.1 Apply for Tentative Partition Plan approval from the City, pursuant tD Springfield Development Code Article 34, to partition the Property within six (6) months of the effective date of the 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, Partition Plat aPproval from the City, pursuant tD 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 Pian approval issued pursuant to Section 1.1, above. This . section is subject tD 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, i.p. the . construction of the Stormwater System Extension, and connect to this new stormwater system when it becomes available. 1.2.3 APPLICANT is required tD participate, in the manner descn"bed herein, in the construction of the Sanitary Sewer Main Extension. and connect to this new sanitary sewer system when it becomes available. 1.2.4 APPLICANT further, agrees that if the temporary sanitary sewer system fails or the stormwater fails tD percolate within the private infiltration facilities, , then APPLICANT is fully respoD.?ible tD provide alternative sanitary sewer and/or stormwater facilities to the satisfaction of the City. . 1.2.5 APPLICANT riuther agrees to hold the City harmless for any and all claims that may arise frOm any delay of the development of the Property as a result , of the City' 5 performance, or lack thereof, on completing the street, Sanitary Sewer Main Extension or StDrmwater 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 A&.......ents for each lot Said Improvement Agreements will provide for urban standard streets, sidewalks, street lights, Sanitary Sewer Extensi()n, StDrmwater System Extension, and other public infrastructure as may be deemed necessary by the City. The Improvement Agreements obligate the owner(s) of the Property to . ANNEXATION AGREEMENT - Page 3 of7 Rmsion Dal<: 121l8f.W06 , - - _-r.., __ ~ _ ,to"," , EXHIBIT Date Received: '?' (1.tr~ Planner; BJ I, B - P21 pay their projlOi:ti.oiiate'share of the cost, as determined by the City, to design and construct the urban standards improvements. 1.3 Develop on-site and off-site public samtarY'sewer conveyance systems as needed to provide sanitary sewer service to the development as follows: 1.3.1 Subject to City Engineer approval of the reqclsite Public Improvement Plans, construct a temporary public sariitary sewer system that connects to the .' existing shallow sanitary sewer system to the north of the Property. 1.32 APPLICANT shall bear the full cost and obligation to ,design and construct. the temporary public saIl.itary sewel:system that connects to the existing shapow saDitary sewer system to ,the north of the Property, including ,but not limited to engineering costs"p=it applications andfees, legal costs, construction and inspection costs, an,d the preparation of as-built plans. \ 1.4 Develop 'on-site arid off-site public stonnwa1er mOnRgement systems as needed to , "provide drainage service to the developmenF as follows: 1.4.1 Prior to occupancy approval for any new structure on the Property,' . APPLICANT sbJill properly design'imd construct drywells, as approved by the City, to serve the rooftop drainage of each lot, Said drywells shall be privately owned and maintained by ~e APPLICANT or their heirs, executors, assigns, o,h;'in; stiators and sUccessors. 1.4.2 GIant to the City the easemerits',necessary to access, U1-',",~, and'maintain a public stormwater mono gement sYstem' on the Property, if needed. Easements for piped portions of the system will be aminimum of 14-feet wide and may be wider depending upon thnize and depth of the pipes within the easement Easement wicl1hSfor open channel portions of the system shall be det=ined based upon the design width, of the channel plus 10 feet on one side and 25 feet on the otIler,side to ,o~M~"'loda1e access and mainten.a:iJ.ce by City personnel and equipment Actual easement widths and locations will be determined during the.Partition Ten1:fltivePlan review. 1.4.3 ' APPLICANT sfuill bear the full cost:.and obligation to design and construct the'stormwater drywells to serve the, rooftop drainage of each lot, including but not ~t:Cd to eniinet;ring costs, p=it applications and fees, legal costs, construction and inspection costs, and the preparation of as-built plans. 1.5 Develop on-site and off-sitepubiic tranSportation systems to provide transportation service to the development as follows: 1.5.1 Subject to Partition Plat approval an4 City Engineer approval of the requisite. Public Improvement Plans, APPLICANT shall si&I;1 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 future ANNPYATTnN Anl?J;'pM"m\lT _ p~",. ~ nf7 I, EXHIBIT B - F 22 -,.' .. ",_,,-.:-=-c~"-'.r' "'_'" . .,'~,~'(. }- .~ ";'" .; -:~ Date Received: Q.l1.6 & design and const:ructta18~daoon Lane as a fully-improved public street along the frontage of the Property. 1.5.2 A maximum of one (I) public street connection will be perm.ittedfor each proposed new lot '. 1.6 Provide and be financially responsible for the provision of any additional urban facilities and servicesidenti.fied 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, including the constl-uction and maintenance thereof. 1. 7 In det=inin.g APPLICANr' 5 share of costs for thll improvements described in this Aer"'........ent, the full cost for the provision of the improvements at the time of construction shall be estim.tpd, Forthe purposes oftbis Agreement, the full cost shall include design, construction, acquisition ofland and/or easements, studies, p=its from all agencies having jurisdiction, a1tomey' 5 fees, and all other costs reasonably associated with the implementation of the needed improv~ents. 2. Obli!!ations of City. Consistent with the Bbove Recitals, City agrees to: 2.1 Initiate and support annexation of the Property to the City before the Boundary Comm; -sion and sUpport APPLICANT' 5 defense of any appeal of a decision of the Boundary Comri:rission annexing the Property to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Partition Tentative Plan and Public Improvement Plan applicationS, in' =rdance with City procedures, for the development oftlie Property; , 3.' Covenants Rumrinl! With the Land. It is 'the intention of the parties that the covenants herein are necessary for the annexation, and development of the Property and as such shall run with , the r .v,p"" ~J and shall be binding upon the heirs, executors, assignS, administra1ors, and successors of the parties hereto, and shall be construed to be a benefit and burden upon the Property. Tbis Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane CoUnty Deeds and Records. 1bis Aer",,,,~ent may be assigned by APPLICANr and shall benefit any assignS or; successors in inter:st to APPLICANr. ,Execution of this A5'",,,,~en1 is a precondition to the support of the City for annexation of the F.u.tM~f desClibed in Exhibit A to the ' CitY. Accordingly, the City retains all rightsfor 'enforcement of this A5'",.......ent ' 4. ;Limitations on the Develonment 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 cOlUlection to the existing shallow sew"er system to the north of the Property. 5. Mutual Cooneration. City and APPLICANr shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. Revision Dale 12/1&'2006 ANNEXA nON AGREEMENT - Page 5 of7 ~ rlo".' ".<:~. . _ "'.-' '..... .\_.. -I EXH I B IT B - P23 Date Received: 'h .11.o'/. Planner: BJ 6. 'J .... :::'; :<.::':.3-'] (['"" Waiver ofRiehiofRemonstranc~. APPLICANT agrees to sign any and ail 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 ail rightS to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to co=ent upon any proposed Local Improvement District (LID) or any related matters orally or in writing. ' . , . :1 7. Modification of AQTeement This A&",-=ent may only be modified in writing signed by , both parties. Any modifications to this Agreement shall require the approval of the Springfield Co=on Council. This A& ",.=ent shall not be modified such that the key urban facilities and services as defined intheMetr~ Plan Policy 8a, p.TI-B-4 and as n~quired herein are not provided ,in a timely manner, to, the property. 8. Land US!;. Nothing in this A&",-=;::nt shal1 be construed as waiving any requirements of the Springfield Development Code or Springfield MUIricipal Code which may be applicable to the use and development of this Property. Nothing herein shal1 be construed as the City providing or agreeing to provide approval of any building, land use, or other development application orLand and Drainage Alteration PrograIn (LDAP) permit application submitted by APPLICANT. ' , 9. 'APPLICANT knows and understands its righu,under Dolan v. CitY ofTigard and by entering into this Annexation A&.:.v=ent hereby waives any requirement that the City demonstrate the p1).blic improvements and other obligations of APPLICANT, for payments, - financial responsibility and reimbursements set forth in Section 1, required h=in., are ' roUghly proportional to the burden and demands placed upon the urban facilities and services by th.e development and to the impacts of the development of the Property. , APPLICANT further waives any cause of action It may have p=t to polan v. City of . Ti=d and its progeny arising out of the actions described herein. ' 10. APPLICANT kn~ws and understands any rights they may have under Orego~ Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure37 passed November 2, 2004. ,APPLICANT for itself and its heirs, ex~utors, assigns, .nmini<:trators and successors hereby waives any clirim or cause of action they may have under such ORB provisions against the City. , "., 11. Invaliditv. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect th~ enforceability ,or validity of any other provision of this Agreement The validity, meaning,' enforceability, and effect of the -Agreement and the rights and liabilities of the partie,s hereto sballbe de+p~;nptj in accordancewith the laws of the State of Oregon. .oI.1\Th.WY.oI.TTnM Ar.Dt:;t:;~,",""rr' nnn_ <: _~., EXHIBIT B - F.24 .. I'," Date.Received: "? .11 0 i Planner: BJ . 'c__..." '.1' DATED this l~4e, . day of~~ 20010' IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. ' APPLICANT A~A':L I .../ . I \../~~ Betty Trotter (OwNER) STATE OF OREGON } COUNTY OF L.;:.\A.ct;- 55 BE IT REMEMBERED that on tbis\'i3 'l-t"\.-day of ~Y1"- \0 cvr ,200 Before me, the undersigned, a notary public in and for said County ap.d State, personally appeared the witbib. named Betty Trotter whose identity was proved to me on the basis of satisfactory evidence and who' executed thewitbib. instrument and acknowledged tome that Betty Trotter executed the saIIie freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and , year last above written. ~.u-<C..,~ q.. LrJRlX.L- Notary Public lor Oregon' CITY OF ~Gfi)LD. By. )f ~ Gino Grimaldi, City Manager lD/,/.,/QOD'B My CbIIlIIliSsion Expires STATE OF OREGON COUNTY OF LANE } S5 -Jot. BEITREMEMBEREDthatontbis /1- day of Ju.lL1 ,2001 before me, the undersigned, a notary public in and for said County and s~ personally appeared the witbib. named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence ,and who' by me duly sworn., did say that he is the City Manager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal , Cv....",....ion, and that said instru:1:rient 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 affiied my official seal the day and year last above written. . "'------------ -------, " . . OFFICIAL SEAL ~ TERESA J WHITE ':, i NotARY PUBLIC -llREGON , I ' .... COMMISSION NO. 385682 l~ : t5' .~ ~:a~M~~D~~~.~CT~'.6.2OOI .,---.'"""-- - -..---i r- - -. . '. OFFICIALSEAL ~I I. AMY LSOWA I; i NOTARY PUBLIC - OREGON I I \. / COMMISSION NO. 397~2 I ~ ~ ~_ ~v..C':"'~I~~N_~~I-,,~v~e;, ~ M= DevelopmCll RcvicwfDRCI2006lLR.P200611.JtP2006-00007, Trot1cr an And~n Lane /JAV~c-X ~ NOTARyrUBLlC FOR OREGON' U~J-J-d()~ '1 MY COMMJSSION EXPIRES Revision Dale 1211 &2006 ANNEXATION AGREEMENT .,...Page 7 of7 ~_ ~~~'idI.L''''~~'':.~-'-'~ ~..... .........-. ,,- --,~......." --.. ~^"'u.-o J. "I-.U ~ ;- I:; ;, ,;, . 1. ".' ~;' ~. , ~:~:~: . . .. .' . EXhibit A . , Date Received: '1.11 ,6~ Planner: BJ ! .,. ~, \'" - ;.:~ -, ,-t."", "':f," . - Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. f(1r the Northeast comer ofa certain halfacre tmct; said stone'heing ~ccording to survey 18.03 ch~ins East of a point 9.78 chains So'u'th of the' So'utheast comer of the M~hlon H, Harlow Donation , Land Claim No. 57, in rownship '17South, Range 3 West. Willamette Meridiim. and running 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 Counly. Oregon. " ... I '!i .' / '. <' . NE1/4 SEC. 33 T.17S. IAN E CbO'NTr' R.3W. W.M. EXH I~ 7T & -3~2h ... It-- -~,.' J_~1o ~: ___A"C'_ r.~~ d1~ ",~.~_., . 0, :; I __ ,:~.:Ja1e.ReCeived::J.(1-og' 1- I:":':;'7.~pt~r: BJ . agJ) . ,-==- i" \" 0'---;' .--,:,-::;:.: '''---'~'r1' '. --,,4.L,:;.'I'.m. - ./.~. ."".~' .it 101 ,e=.~~' -.... "/~ ...... 1- ~.\'" ....:. '",," I .--- ...... 0" /" 802 "",. '!\ . 5.Dll JC. . - . . ~ 11m \1" =-n.s....,. I ! _or__ I. "".lo.~.c~ .I ~ i ~~~...s,.~_'"" __ 2~27-J~;!~-r:f.~ I ; . ~,' ~i " - '~ J4 J" : , l J_.._._ I, I .__ ~ \If I.....k....., I I BOO _C.. i Cl,' ',00 .~.... ~. . ~ " 1 P ; ;,~~: I' U> "'- il : ! ~.' i I ~ : ~_. l' ,;~' ;It : i'~ "',':=; I 019=00 ~1~1>~_. 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" "11'...... .. .,...=- ~-'., .. ~.-.,=''-.- ,j../ '. ',.. . . EXHIBIT B - P27 Date Received: '1], 11.0 ~ Planner: BJ ',,-;' ~' ,.~...,,;' . RESOLUTION NO. .07-46 A RESOLUTION CLARIFYING TIIE METIIOD OF ANNEXATION FOR CERrAIN TERRITORY ro TIIE CITY OF SPRINGFIELD ' , WHEREAS, the City Council adopted Resolution No. 07-36 ~n 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 fUJds 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 half of the owners of land in the territory proposed to be annexed, who also own more than half of the land in the territory 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 fUJds there are no registered voters residing within the ku;,u.j; 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 TIIE FOREGOING RECITALS, TIIE COMMON COUNCIL OF TIIE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section I: The Co~on Council of the City of Spiingfj.eld does hereby clarify that Resolution No. 07-36 should refer to ORS 199.490(2)(a)(A) as the applicable statute authorizing ,annexation. Section 2: This resolution shall take effect upon adoption by the Co=on Council of the City of Springfield and approval by the Mayor. ADur 11:;).) by the Co=on CO\lIicil of,the City of Springfield this 5"' day of November, 2007 by a vote 0[2... for and...Q... against. (l absent) APP~WVED by the Mayor of the City of Springfield this 5th'day of November, 2007. Mayor/. Jf) u ATTEsr: ~"j~ City Record~ REVIEWED & APPROVED A~~;~ ~"'"' DATE: Il:l r.n II.W.- I "'~AI r.nIINSI=L EXHI~IT B - f'28 . f ~ JONES Brenda , . -~ ,,', ", Aaia ~lllf\~II!''''I'I' ,0, 11 tJ,cL \" ", ""'_"".,.~ Planner: BJ ~ ...".- ". From: Sent: To: Subject: TAYLOR Paula L [PTAYLOR@lcog.org] Friday, December2B, 2007 5:10 PM SCOLLA Connie J; SCHULZ Stephanie E; HOPKINS Steve; JONES Brenda AnnexationlWastewater Extension (Trotter) . N~ public hearing was request~d on the Trotter annexation to the City of Springfield (ECSP07-60) ~r the wastewater line extension request by the City of Springfield (EXS07-61), so both requests wer( appr.oved and effective December 4, 2007, at the end of the day. If you have any questions, please feel free to contact me. Paula Taylor, Executive Officer !..anc Coun!=y Local Govanment Bouoduy Commission (541) 682-4425 Fax: (541) 682-2635 1