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Home My WebLink AboutAIS PLANNER 7/7/2008 AGENDA ITEM SUMMARY ~ Meeting Date: Meeting Type: Department: Staff Contact: StaffPbone No: Estimated Time: July 7, 2008 Regular Meeting Development serv~' es Andy Limbird ~ x3784 15 minutes . SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (Ron Galceran - Case Number C SP 2008 - LRP2007-00022) Conduct a public hearing and adopt/not adopt the following ordinance: AN ORDINANCE MODIFYING AND APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT AND DECLARING AN EMERGENCY. The property owners have requested annexation of a \.81 acre parcel located at 855 South 57th Street (Map 18-02-04-14, Tax Lot 200). As submitted, the annexation area includes Tax Lot 200 and a 5-foot wide strip of South 57th Street right-of-way; staff are recommending also annexing the east 25 feet of the South 57th Street right-of-way as measured from centerline. The purpose of the annexation is to allow connection of the existing house to City sewer and water, and to facilitate a future land division for residential development. The attached Staff Report (Attachment I) includes an analysis of the annexation request and recommended Council actions. Maps of the annexation LS-)~ 01- area, as modified, are included with the Staff Report (Atta~hment 2). 0A-PPO i2- --r The annexation area can be served with the minimum level of key urban facilities and services as A'j::5:JACEl"%quired in the Eugene-Springfield Metropolitan Area General Plan. Services are immediately r-(2..0 JI\ . available or can be provided in a timely manner. An executed Annexation Agreement that . ~w ~ addresses urban service provision and financing responsibility between the City and the property . owners is attached (Attachment 3, Exhibit C). ~J:;D,-PH ,,- ;3cA-"D-1 AL-L-vJ ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMPACT: The Director's recommendation to the City Council is to: (a) modifY the annexation area to include a 25-foot wide portion of South 57th Street right-of-way along the property frontage; (b) approve the modified annexation of territory to the City of Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and Recreation District; and (c) withdraw the same modified annexation area from the Willakenzie Rural Fire Protection District. Attachment I: Staff Report and Recommendation Attachment 2: Area, Vicinity and Site Maps' Attachment 3: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Owner Consents and Application Exhibit C: Annexation Agreement Exhibit D: Staff Report The City Council is authorized by ORS Chapter 222 and SDC Article 5.7 to accept, process, and act on annexation requests from property owners. The attached Annexation Agreement has been executed by the City Manager. The City and property owners have reached agreement on responsibilities for service provisions and costs for providing the urban services needed for further residential development. The property owner submitted a request for annexation in July, 2007, and without an Emergency Clause, the annexation will become effective the day following the next election cycle (November 5, 2008), consistent with SDC 5.7-155 and ORS 222.040, 222.180, and 222.465. Lane County Assessor's records attribute a 2007 assessment value of $181,018 to the property. As new development occurs, the assessed value will increase and additional revenue will be added to the City's tax base. -'~ TYPE IV -ANNEXATION' STAFF REPORT AND RECOMMENDATION File Name: Ron Galceran Annexation Owner(s)/Applicant(s): Ronald and Karen Galceran , Case Number: C SP 2008 - LRP2007-00022 Proposal Location: East of and adjacent to South 57th Street, and municipally addressed as 855 South 57th Street (Assessor's Map 18-02-04-14, Tax Lot 200). As submitted, includes a 5-foot wide portion of South 57th Street right-of-way along the property frontage. Existing Zoning: Low Density Residential (LDR) with an Urbanizing Fringe Overlay (UF-IO) Zoning After Annexation: Low Density Residential (LDR) Metro Plan Designation: Low Density Residential Application Submittal Date: July 13,2007 I Associated Applications: ZON2007-00028 (Development Issues Meeting); ZON2008-00011 (Development Issues Meeting); LRP2007-00022 , (pre-ORS 222 annexation application; same case number as current application) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE I POSITION I Project Manager I Transportation Planning Engineer I Public Works Civil Engineer I Deputy Fire Marshal I Community Services Manager I REVIEW OF Planning I Transportation Systems Streets and Utilities I Fire and Life Safety Building NAME Andy Limbird Gary McKenney Eric Walter Gilbert Gordon . Dave Puent I PHONE I 726-3784 1726-4585 726-] 034 I 726-2293 I 726-3668 APPLICANT'S.DEVELOPMENT REVIEW TEAM I POSITION .1 Owner I Applicant's Representative I Consulting Engineer NAME Ronald Galceran PHONE 736-1094 MAILING ADDRESS 855 S 57'" St Springfield OR 97477 N/A N/A C SP 2008- LRP2007 -00022 (Galceran/S 57~ Sl) Page 1 of9 Review Process (SDC 5;7-115): The subject annexation application is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) IS required of all annexation applications. Finding: A Development Issues Meeting (DIM) 'was held on June 28, 2007 (Case ZON2007- 00028). A follow-up DIM was held on February 28, 2008 to explain the new process for annexation effective January I, 2008, following adoption of the City's Annexation Ordinance now codified in Article 5.7 of the Springfield Development Code (SDC) (Case ZON2008- 00011). Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Snbmittal (SDC 5.7-125): The City of Springfield received written consents from the property owners (Ronald and Karen Galceran) initiating the annexation consistent with SDC 5.7-125. As initiated, the annexation area includes one tax lot and a portion of South 57th Street right-of-way (Attachment I). Finding: The method of initiation meets the requirements 'of SDC 5.7-125.B.2.b.i and ORS 222.170(1), which requires written' consents from more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the contiguous territory and of the real property therein representing more than half of the assessed value of all real property in the contiguous territory. Finding: This application was originally submitted in July, 2007 with the expectation that it would be processed under the provisions of ORS Chapter 199, the Boundary Commission law, The application was not filed with the Boundary Commission prior to abolishment, and is now governed by ORS Chapter 222 and the implementing provisions in the Springfield Development Code. Finding: 'The applicant submitted the necessary annexation application forms as required in SDC 5.7-125.5 -15 and the application was determined to be a complete filing on April 10, 2008. , Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The annexation area, as submitted, includes one tax lot and a five-foot wide strip of South 57th Street right-of-way. The owners propos~ to develop a nine-lot residential subdivision, if the annexation is approved. The estimated total acreage of the annexation area, as submitted, is 1.82 acres-approximately 1.81 acres in Tax Lot 200 and approximately 0.01 acres in South 57th Street right-of-way. The annexation area is developed with one single-family residence and existing right-of-way and services are provided by the following public entities: police (Oregon State Police, Lane County Sheriff), schools (Springfield School District 19), roads (Lane County, City of Springfield), and Fire (Willakenzie Rural Fire Protection District contracting with the City of Springfield). There is no established water district within the area, C SP 2008 - LRP2007 -00022 (GalceranlS 57ili Stj Page2 of 9 / and the property is served by a private well:system. Upon annexation, the property owner" can request connection to the Springfield Utility Board (SUB) water system in conjunction with a subdivision application. Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed June 20, 2008, which is at least 14 days prior to the public hearing date, to the affected property owner(s) (the annexation areas are public facilities and not in private ownership); owners and occupants of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; (including, but n9t limited to, Southwest Thurston Association, Washburne Neighborhood Association, East Alton Baker Association, and the Game Farm Neighbors Association); affected special districts and all other public utility providers; and, the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the July 7, 2008 public hearing was published in The Register-Guard on June 18, and June 25, 2008. Posted Notice. Notice' of the July 7, 2008 public hearing was posted in four public places in the City [in two locations in the area of the annexation; at the Springfield City Hall Development Services Division; and, on the City of Springfield websiteJ on June 23, 2008, for two successive weeks prior to the hearing date. Finding: Upon annexation ofthe subject property to the City, the site will retain its Low Density Residential zoning, but the Urbanizable Fringe Overlay District (UF"IO) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development ,(DLCD) was notified in writing of the annexation proceedings more than 45 days prior to the public hearing. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, fmdings, and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: C SP 2008 - LRP2007 -00022 (Galceran/S 57~ St) Page 3 of9 A. The affected territory proposed to b'e annexed is within the City's urban growth boundary; and is I. Contiguous to the city limits; or', 2. Separated from the City only by a public rigbt of way or a stream, lake or other body of water. ' Finding: The subject annexation is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The UGB is .Iocated approximately 2,000 feet southwest, of the annexation area. The annexation area is contiguous to the Springfield city limits along its eastern boundary. Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation aild Development Commission (LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield. Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB will be annexed to an'existing city (Policy #10, page ll-C-4; Policy #16, page 1I-C-5; and Policy #21, page ll-C-6). Springfield is the unit of government identified in the Metro Plan to provide urban services to annexed territory. Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts within the UGB will be dissolved (Policy #18, page II-C-6). The continued annexation of properties to the City of Springfield is consistent with the Metro Plan, which will result in the elimination of several special districts within the urbanizable area. Finding: The annexation area is within the Willakenzie Rural Fire Protection District (RFPD). The fire district contracts with the City of Springfield for fire services within'its boundaries. After the public hearing and if determined by the City Council that withdrawal is in the best . , interest of the City, the annexation area will be withdrawn from the RFPD consistent with ORS 222.510, 222.520, and 222.525 and the City will provide fue services directly to the annexed property. Finding: After the public. hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed. into the Lane County Metropolitan Wastewater Service District as authorized by an Intergovemmental Agreement (IGA) between the City of Springfield and Lane County. This special district was formed to provide the financing for the regional wastewater treatment plan{ serving wastewater users within the City of Springfield. C SP 2008 - LRP2007 -00022 (Galceran/S 57" St) Page 4 of9 Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of the City, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by an intergovemmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to -territory within the City of Springfield. Conclusion: The proposal meets this cIiterion. C. The proposed annexation wiII result in a boundary in which the. minimum level of key urban facilities and services as defined.in the Metro Plan can be provided in an orderly efficient and timely manner, and Finding: The' Metro Plan recognizes annexation as the highest priority for extending the minimum level of key urban facilities and services to urbanizable areas (policies #8 and #10, page II-C-4). Finding: The annexation area will take advantage of urban service ,delivery systems that are already il} place to serve this area. An Annexation Agreement .has been executed between the City and the property owner which memorializes the obligations of the developer to extend urban utilities to serve the development area. In addition to urban utilities, the following facilities and services are either available or can be extended to this' annexation area: Water - SUB Water provides water service to developed properties in this area of south Springfield, There is an existing l6-inch water line located in South 57th Street. Upon annexation, water service to the existing house and new development Within the subject area can be provided by this water line. ~Iectricitv - SUB Electric provides service to developed properties in this area of Springfield. Upon annexation, electrical service to the existing house and new development within the subject area can be extended from an existing power pole on the north side of South 58th Street, just outside the northeast comer of the site. Police Services - Springfield Police Department currently provides service to other properties in this general area already inside the City. After annexation, this area will receive police services on an equal basis with properties inside the City. Infill annexations and development in this area . will increase the efficiency of service' delivery to this area. Fire and Emen?:encv Services - Fire protection is currently provided to the annexation area by the Willakenzie Rural Fire Protection District. This special district contracts with the City of Springfield for fire services to territory within the district's boundaries. Springfield fue stations are located near Pheasant Avenue and Hayden Bridge Way, South 47th Street and Main Street, th " and South 68 Street and Main Street. C SP 2008 - LRP2007 -00022 (GalcernnlS 57& St) Page 5 of9 Concurrent with annexation to the City of Springfield, the annexation area will be withdrawn 'from the rural fue district in accordance with ORS 222, if the City Council determines that with~rawal is in the best interest of the City. Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and Lane Rural Fire/Rescue 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 - Park and recreation services are provided to the City of Springfield by the Willamalane Park and Recreation District. Indoor recreation faCilities, such as the Willamalane Park Swim Center, Lively Park Swim Center,. Memorial Building Community Center, and Willamalane Adult Activity Center will be available to residents as new development occurs. The park district offers various after-school and other programs for children at schools and parks throughout the community, Also available are pathways and several categories of parks, including community parks, sports parks, special use parks, and natural area parks. Bluebelle .th Park, a 2.58-acre neighborhood park located at South 50 Place and Bluebelle Way, and Volunteer Park, a 4.4-acre neighborhood park on Holly Street at South 43rd Street, are located in the vicinity. A new neighborhood park also has been developed in the Jasper Meadows subdivision on South 57th Street near Mt. Vernon Road. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park and Recreation District consistent with City policy, if the City Council determines that annexation to the special district is in the best interest of the City. Schools - Springfield School District 19 serves this area. Existing schools-Mt. Vernon elementary, Agnes Stewart middle, and Thurston high-serve this neighborhood and can accommodate students resulting from new development occurring within the annexation area. SanitarY Sewer - The western portion of the tax lotted property in the annexation area can be served by an existing 8-inch public sanitary sewer line in South 57th Street. The eastern portion of the property can be served by an extension of an 8-inch public sanitary sewer line in South 58th Street in conjunction with the construction of the "Jon's Landing" subdivision to the north of the property. However, the City would prefer that the lots in the eastern portion of the property be served by a new 8-inch public main that will be located in South 57th Place. Engineering information to resolve specific sewer line placement issues will be provided during the Public Improvement Plan (PIP) process. The future Jasper Road sewer trunk line will .eliminate a lift station that will serve .the eastern portion of, the. property, and the applicant will pay a proportionate share of the cost of the system. Concurrent with airnexation to the City of Springfield, the annexation area will be annexed to the Lane County Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is in the best interest of the City. ' C SP 2008 - LRP2007 -00022 (Galceran/S 57- St) Page 6 of9 Stormwater - An existing stormwater management system in'located within South 57th Street, and consists of a 12-inch diameter pipe which is adequate to serve the western portion of the property. The eastern jortion of 'the property will drain towards a l2-inch existing public stormwater in South 58 Street. Any further development or redevelopment in the annexation area will require appropriate stormwater management techniques in accordance with City standards. Streets - The subject property fronts South 57th Street on the west and a portion of the site adjoins South 58th Street on the northeast corner. Both streets are fully improved with curb and gutter, pavement, and sidewalks. An interconnected transportation system will be required in order to provide access and a transportation system for the provision of fIre and life safety services to and from the annexing property. The applicant proposes to dedicate sufficient right- . th of-way to extend South 58 Street from the northeast corner of the property and to the west approximately 225 feet along the northern edge of the property and adjacent to Jon's Landing subdivision (which is under development) to provide for an urban standard street complete with curb, gutter, pavement, sidewalk, street lights, and street trees. The applicant also proposes to dedicate public right-of-way and construct urban standard streets, complete with curb, gutter, pavement, sidewalk, street lights, and street trees. The alignment of this right-of-way \YilI' coincide with the existing right-of-way of South 57th Place, which lies approximately 300 'feet south of the south line of the property. As submitted, the annexation area includes a 5-foot wide strip of South 57th Street, along. the frontage of the subject property. Consistent with current SpringfIeld Public Works practices, road right-of-way is annexed only after it is improved to City standards. This section of South 57th Street is developed to City standards with curb, gutter, sidewalk, lane striping and street lighting, and the eastern 30 feet of the, street right-of-way (as measured from the centerline) is recommended for inclusion in the annexation area. To the north of the subject site (north of Ridge Court), the balance of South 57th Street is already within the City limits. Annexation of the subject portion of road right-of-way does not automatically convey jurisdictional transfer of access control and maintenance responsibilities, which can occur at a future time. The total area recommended for annexation, including the eastern half of the road right-of-way, is approximately 1.88 acres, including 0:07 acres of right-of-way. Solid Waste Manallement - The City aiJd Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation, Sanipac will serve this property. . Communication Facilities - Various providers offer both wired and wireless communication services in the Eugene-SpringfIeld metropolitan area. Existing providers and those entering the market have the capability to provide service to future development in this area. Land Use Controls - The annexation area is within SpringfIeld's portion of the urban growth boundary. Through an intergovemmental 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.. C SP 2008 - LRP2007 -00022 (GalceranlS 57ili St) Page 7 of9 Finding: The minimum level of key urban facilities and services, as defmed on page V-3 of the Metro Plan, are either immediately available or can be provided within a reasonable future time frame as needed. Conclusion: The proposal meets this criterion. D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The Annexation Agreement outlining the agreement between the City and the owner for the provision of urban services and financing responsibility has been fully executed for the annexation area and is attached to the enacting Annexation Ordinance. Conclusion: The proposal meets this criterion. , DIRECTOR'S RECOMMENDATION: Modify the annexation area to include the east 30 feet of the South 57tb Street right-of-way, as measured from centerline, along the frontage of Tax Lot 200; approve the modified annexation.of territory to City of Springfield, Lane County Metropolitan Wastewater Service District, and WilIamalane Park and Recreation District, and withdraw the requested annexation area, as. modified, from the WilIakenzie Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. . Finding: Without an Emergency Clause, the annexation will become effective the day following the next election, which is November 5, 2008, The applicant's annexation request was submitted to.the City in July, 2007. Finding: The City Council held a Public Hearing on July 7, 2008 for the subject annexation request. Based on the staff analysis and recommendation, and on t~stimony provided at the Public Hearing, the City Council approved the annexation area as modified (Map 18-02-04-14, Tax Lot 200) per Ordinance No. , totaling approximately 1.88 acres. Zoning (SDC 5.7-150): The annexation area is designated Low Density Residential in the Metro Plan and is currently zoned LDR/UF-IO (Low Density' Residential with Urbanizing Fringe Overlay District). Finding: Upon the effective date of the annexation, the UF-1O overlay is automatically removed and the subject property is zoned ,consistent with the Metro Plan designation. Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City Council on July 7, 2008 with an Emergency Clause, the Ordinance will become effective upon adoption by the City Council and execution by the Mayor. C SP 2008 - LRP2007 -00022 (Galceran/S 57" St) Page 80f9 Finding: City Council gave second reading to Ordinance on ,2008. The Ordinance became effective consistent with SDC 5.7-155 and ORS Chapter 222 on 2008. Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine , ,. whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150. Finding: The annexation area is within the Willakenzie Rural Fire Protection District. ~onsistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. Exhibit: A. Assessor's Map showing strip of road right-of-way recommended for annexation C SP 2008 - LRP2007 -00022 (GalceranlS 57& St) Page 9 of9 i'l I I ; - I II rE',3f'i - I' ~ ) 'J t.. Ii' ." I I I I I .c: "I -r - I-t-:- -- I~ 5 , : en I I I ~ I I iOIl I ~ I I I -~'I , I I I I ~~r~~'" , I ~ ~ fa: I c M.~ ~ : I o'l1h~: I ;i#i~~ I ~im~~: : ~~~~; o 9~~~'~l; I --, ~ ~ . "" i () ~ ~~:, : . OO~ -..._-.....-...- . () <Xl , -.. - L = 61.238M I I T = (-30.620M) , () :r: I , . ~ I l~~I~ ! J)...:- f : ,-- I -l 1: I <.J) Ii; I I ill I ~ I :~u! uuuuuuu~~~~~17,',l~~,u~~~u., l-S Note: Map Not To Scale ATTACHMENT 1 - Extract from Assessor's Map 18-02-04-14 ~ . N , (l l t94,40' S 89'58'30' E 1---- 1 i 1 uI "- (ij ,I 1 1 ,. "' "- d !':! 100 0.67 AG. " ~~s~ @ 58 \ Str\t _ 2000 0.15 AG. '~ SITE Tax Lot 200 "'l'"ll-!'?J..~_ _ _ 25-foot wide strip of South 57th Street right-of-way recommended for inclusion in modified annexation area -- "!'~ 449.40' ~ ~' \2.2.::- o' '- 'Oo'Ou >\ 10 -,,. 2200 ~ 0.18 AG. r~ 0' .r ~ .3\4'3'\'00' '- € co) 10'00 c' a" >\ 2300 ~~ 0) 0.21 AG. ....;,,\",A~ ~; \~~ ~ -I )> 300 1.40 AG. m x :J: - l:ll -.::J ~ SUBJ ECT AREA ~ Springfield. OR ",1-- I ; ~)9-s< \.(::' ~ - r ' .--~iiiI ,.. - ~=:U':e:~In;:;::'r::I::~':;;;'~~';~~OrlSI"!: *... Jmmanyerror.Ol;,i.,.,I'>n,rl",rll"Hlall"ac(~"t1cy"flhi,'proJucl - Urban Growth BOlJ1dary ~_____, Sp-ingfield City Limits o 0,5 1 Mile Jliy,2007 / ,1111111 ~ .~ I rTr !. ---~-\ '~ 1\\\ 1\ I~~'~ --- .~ I j Klage L tr---,J III \ --- ... - en Subject Neighborhood I I" i Daisy 51 I I -\0 'III I I J , [ I I I I \ II 1-LlJ 1111II11 ) I I . , " , \, " , " , I e '\,\ -L '" \~ \v/ vqj ~i i LV \ I r---~_ <\):1 ._ "'"'lit ---........... ........, ..~ .. .... <lI ~ d' ~ "c (J ~ <e. ~ :i 11 SITE I i 1 II I I I 'Rldge Crest ur ~IIL'~!~= '" - ~... ",- en " M / 1'- t. Vernon Rd L --- ---:.';~ Springfield, OR - - L-._ D Tax Lots 1---1 0 ' .-=-=JI 1__-' utslde of City umits ~ UGB 1---1 ' , 1__-' Wth,n City Limits o 200 Gj:aF:O ~ . . There are no wananties that a ~ U~e:s assume all responSibmtcozmpany this product ~ ansmg from anye"Of. om' .y oranY.'9ssordamage ~ of this product. ,ISSlOn or poSitional inaccuracy 400 Feet Subject Site I I I. J , . I L_____________ ---i 1 I I I , . ~ 9 I I , I I I I 1 I J I I J I 1 i J ,. / \\ SITE iil .r: - " on (I) I ., j Ridge Crest Dr II/II 1 Springfield, OR . ~ j / D Tax Lots t::J Outside of City Limits c:J UGB t::J Within City Limits Gj:aF:n Ii . . . --. There are no warranties that accompany this product. i Users assume all responsibility for any Joss or damage ----....- .4JJA. arising from any en-or, omission or positional inaccu'racy ~ 't!4fT of this product. o 50 100 I Feet I, ,I 1 I , - I! I 3l ., 3P'1 b , : en I : .<: j:... 1 i II) I : I ..c I I - - ~ _ '1-1-:- - -- ::s I I I o I I I I en I II. ~. I : ,I ~ I 10 1'1 l!':l I I i"Il I I ::> I I I c I, , I "', I I --+-.. : : -+--,.1 I I I I I I "'M,' I ~ ~~~.~ I., , ~~' :I""~;' I ";~ I ,_:-:~ I :~~~ . :~i _ ~ --.....,~ i ., C -..> u -E"- ; ~ ! i () . ~.1 "'""'! ,-" - - .M :""".J- - - - - : () ill ,-+- - L - 61.238M I : T = (-30.620M) . () J: I I . ~ I !~~I~ ! <,)..;-:r; : ---r"""":I: I ct d;: I ill I ~ ,1'.1 194.40' 100 0.67 AC. \{r~T 1~4 .4r1' . EXHIBIT A Part 1 of2 s B9'~WJn' E 1- -- I I I I in ,... ci If1 ---- - 25-toot wide strip ot South 57th Street right-ot-way included in modified annexation area 300 1.40 AC. LU 0+217.123 PRe Note: Map Not To Scale EAST 449.40' ------ SITE Tax Lot 200 (<. (t , () 0.' ,. ( '" "" ., M . N @) - -(~ (~ \(} ::l 3\~3, '00' S € ~) 1~~ G "1, '"' 2300 ~8 . - , 0.21 AC. :J~ '\ a~ \",.93'~ ~ V/Ln ~ \.C41 , , EXHIBIT A Part 2 012 LEGAL DESCRIPTION BAP on the W Ii of the S. D. Gager DLC No. 61 S04 T18S R02W WM 775.40 ft N ofthe SW cor of sd, claim; th E 25.00 ft to the E Ii of Co Rd No. 452 (aka South 57th Street); th contgE 424.40 ft; th N 257.67" ft; th N89058'30"W 225.00 ft; th S 150.75 ft; th W 194.40 ft to the E r/w sd Co Rd; th contg W 30.00 ft . mil to the c/li sd Co Rd; th S alg sd c/li 96.92 ft mil to apt W of the POB; th E 5.00 ft mil to the POB, all in Lane County; Oregon. . > EXHIBIT B City of Springfield Development Services Department , 225 Fifth Street . Springfield, OR 97477 ------ , Annexation Application Type IV . Phone: Fax: 7~",-o/1Y \ . Sm-nf Applicant Name: R-o f\. &'4-/CCfVtr\ Company: 7/ &(,,</ 33 (l..f) 5f. . Address: . 1 S I) ~~q :-hj.1 d oR-- 0; 7 Lj 77 '. ~pplicant Signature: 'f ~JlI ftt.... . _ ;;;;::;;::;;~TR;~-c:i:=---"-"ilil_~~I_ms_wmm%Ur;;:::"I"II;=-"-- Company: I IFax: 1 1 Address: I () 1 Owner Signature: I YfJIf,tI!lt,-- I - ASSESSOR'S MAP NO: l'i-o 7-01/.-1 l/ Property Address: 8>(~ 5 .57'H-. sf. Area of~=.q~~~.t ,,,"..~.:~~~~F,:et~,7.'2.~~7}:'_""_II~'~'~~~;_~' /. IL'~~"_I""."'_'_..~~" TAX LOT NO(S):-'X'-O"J.-OY-/~-OO:.(-Oc I Existing Use(s) of Property: S';"0U. ~,IJ ~S l'ck-.,ac .1 I Proposed Use of Prop,erty: cz 10+ S,'t"1,j lP ~,'l" ~5/ck.-.~P J Case No.: L-LrJ 10D 7 -1bn iJ_ Date: ~! I U( 0 1 Iication Fee:$/lIfS -DO Posta e Fee: Reviewed By: (initials) ~, tt4A~-- -,DO Dat", i{6Ceived:' ;}~/:J.fJDr Planner: AI. , Application #: C SP 2008 - For City Use Only FORM .1 PETITION/Pt: IlllON SIGNATURE SHEET Annexation by Individuals We, the following property owners/electors, consent to the annexation of the following territory to the City of Springfield: Signature C' . 11'W/l~ I' f 2..f101J1J1 L...f iirJ", (J A C1.,,^--, 13. V 14. , 5. 'Note: With the above signature(s), I.am attesting t'at I have the authority to consent to annexation on my own behalf or on behalf of my firm or agency. authorization when applicable.) I, ~(\ Cf;\-}(jU)~ x~~_ Date Signed m/dfy Residence Address (street, city" zip code) Map and Tax Lot Number , (example: 17-04-03-00-00100) .,. .,. Land Reg Acres , Owner Voter (qty) V V- I, 7(~ Print Name' Lf,q.o~ 'f--q-O~ 12-0 t1 pj cl G A- IC' (J flJty,. / f-OJ- -0 Lf-/4-00-Zoo klll-f V1 (.;,. r.d ("U"U1 'ifS5" 5,51'K sf S(/l./''":] +;'f' LJ <17'1rx (Attach evidence of such (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. (signature of circulator) CERTIFICATION OF OWNERSHIP The total landowners in the proposed annexation are ~ (qty). This petition reflects that ~ (qty) landowners (or legal representatives) listed on this petition represent a total of too (%) of the landowners and /IJ{) (%) of the acres as determined by the map and tax lots attached to the petition. A&Tis not responsible for subsequent deed activity that may not yet be reflected on the A& T computerized tax roll., ~#1Jn~ Lane County Department of Assessment and -Taxation tf - 9-08 Date Signed 'and Certified CERTIFICATION OF ELECTORS The total active registered voters in the proposed annexation are I hereby certify that this petition includes, valid signatures representing (%) of the total active registered voters that are registered in the proposed annexation. Lane County Clerk or Deputy Date Signed and Certified Date Received: "'/Io/,...r Dlllnno... AI --t'l FORM 2 OWNERS AND ELECTORS WORKSHEET . (This form is NOT the petition) (Please include the name and address of ALL owners and electors regardless of whether they signed an annexation petition or not. This information will assist in determining the appropriate initiating method and for notification purposes.) OWNERS ~ Prop;rty Designation Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y/N Yes No i'r;-tJ2..-tJlj-/'i-O n,vo l~n(;A-Ic.0PA-n /,71 18Il0/:\' Y )( ~, &A-fdfL-+?'l X 1 1 II 1 1 1 1 1 1 1 I ! TOTALS: I I i I I I I I I I I I I I I I I I II 1 -I ., Date Received;~/"." I ' Planner: AL '. FORM 2 (continued) ELECTORS Name of Elector (Please 'print or type) Address of Elector ^ / / A- IV /11) / I I I I I I I I I II i , 'I I , TOTALS: I 2/15/08 I Signed Yes I I I I I I I I I I I I I Signed I No I Date ReCeiVed:~/;OO! PaQ.!! 7 of 1~ Planner: AL .. , \ FORM 2 (continued) SUMMARY TOTAL NUMBER OF ELECTORS IN THE PROPOSAL NUMBER OF ELECTORS WHO SIGNED PERCENTAGE OF ELECTORS WHO SIGNED TOTAL ACREAGE IN PROPOSAL ACREAGE SIGNED FOR PERCENTAGE OF ACREAGE SIGNED FOR Application initiated by (for an explanation of the initiating methods, refer to pages 2 and 3 of this packet): . o A-All OwnerslMajority Electors [ORS 222.125] ~B ~ MajoritY Owners/ArealValue [ORS 222.170(1)] o C - Majority Electors/Area [ORS 222,170(2)] 4/9/08 fl/It r,( I /,7/ )/}o alo I I I I I I D~tEl ReceiVed:~hoos~e 8 of 1~ Planner: AL . . FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) . . Contact Person: E-mail: {2..0(\ 6"A-/~ R..K:.6A-1~ I Lf~ {run. COIY\ Supply the following information regarding the annexation area. . Estimated 'Population (at present): 2 . Number of Existing Residential Units: I . Other Uses: o Land Area: /,11 total acres '. Existing Plan Designation(s): LO R. . Existing Zoning(s): Ij);'2... . Existing Land Use(s): LD Fe - s I'~ L, .(2...1'-"") j /2.-e...5; 'Jo...", t'_.n . Applicable Comprehensive Plan(s): /11Q....J-a.o /,1 /A-r. iJ o Applicable Refinement Plan(s): /1/ /A- . / . Provide evidence that the annexation is consistent with the applicable . comprehensive plan(s) and any associated refinement plans. --.f2....1t1'..;~'~ ~, 1'Md. tLk"o_d ~ 'i/'h... _fI!;'\e:;:~.k..,+ 0,"14. I - I j- /)l"rn · Are{there ~evelopment plans associated with this proposed annexation? Yes X No J"1\tJ-/-p:u If yes, describe. . ~,otJ~.erl ~ NlIIJ iL+-h S'''',1fP.l1=J "''S''Aj~ c....m,/I'1 IU.., ,CLz....,,>'j" .......,'1{ ....5f.lw.+~ ,'rA./}An.!Oh\Jl.,1~ ,j-." m.D"+~.J...., <.D~L.'h'&+K'cn (' I.J ' . Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes X" No 2/15/08 ';L.r.., ";i:JceiVed:~/"6.r Cage 9 of 1! Planner: AL . . . . Does this application include all contiguous property under the same ownership? Yes X No If no, state the reasons why all property is noUncluded: . Check the special districts and others that provide serVice to the annexation area: o Glenwood Water District o ,Eugene School District ,kf Springfield School District o Pleasant Hill RFPD o EPUD o Rainbow Water and Fire District o Pleasant Hill School District )[ McKen.zie Fire & Rescue o Willakenzie RFPD ~SUB o Other . , . Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. /1/ I A (Name) -r (Name) , (Address) (Address) (City) (Zip) , (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) 2/15/08 ; Date Received' 'lbo/toOK Planner: AL I / Page 10 of 1 FORM 4 WAIVER OF ONE YEAR TIME UMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: 8"55 S, !i"7 ~ 5+, t'is -{)7.. -tJ'I-ll{-:OO"1-oD Map and Tax Lot Number assigned) Street Address of Property (if address has been ONE WAIVER OF TIME UMIT FOR EACH PARCEL, PLEASE , We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon RevisK~ Statutes 222.173, and further agree that this contract shall be effective}'CJ indefinitely or [ ] until Date Siqnatures of Leqal Owners. I Please print or tyoe name 1 {20f\ CA-Icaf'--+r1 I 1\ (A r-Gn h ~ { rA' .v-a.V\ I I I rf?& . D;:~S;;'d I~ J 0 II /--1 &AJA" I" aA /1 '-f-q-OY 1');-- - 1 1 1 2/15/08 . Data Received:...:J/!!/;..lf Planner: AL Page 11 of 1 EXHIBIT C ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Ronald D. Galceran and Karen L. Galceran, . ("APPLICANT"). RECITALS . A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property, and shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional ' limits of the City and is subject to annexation by the Lane County Local Govemment Boundary Commission, or its successor, ("Boundary Commission") following minor boundary change processes. B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007- 00022, dated June 28, 2007, for Assessor's Map No. l8-02~04-14, Lot 200 ("Property';). C. APPLICANT wishes to annex the Property to the City, and seeks support from the City for the annexation before the Boundary Commission or it~ successor. The Springfield Common CoUncil has adopted Resolution No. supporting the annexation. D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plari and is zoned Low Density Residential (LDR) with an Urban Fringe (UF-I0) overlay according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be provided with the minimum level of key urban facilities and services as defmed in the Metro Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staffhas determined the minimum level of key urban services is currently available to the Property with the exception of public sanitary sewer service, public stoITnwater management service, and street connectivity to , adjoining property that fully meet City Standard~. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Pwp"';;" and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long-term public sanitary sewer, stormwater, interconnected transportation systems, and Fire arid Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Public Works D"p<uuuent 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division ANNEXA nON AGREEMENT - Page 1 of 13 Revision Date 1/16/08 V:\developement reviewIDeve10pment Applications\2007\LRP2007 -ILRP2007 -00022; Galcernn AnnexationILRP2007 -00022 Galceran Annexation Agreement.doc .. , 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 Property is necessary to support a finding that this key urban service is available to serve the Property. . An existing eight inch (8") public sanitary sewer system is located within South 57th Street which has the available capacity to serve the existing house which lies on the western portion of the Property. If the connection from this house to the existing eight inch (8") public sanitary sewer in South 57th Streei"cannot be made by means of a private gravity sewer lateral, the Applicant will be allowed the option of extending a private gravity sewer lateral from the house to the east and to a connection to the proposed public gravity sewer system in the proposed right-of-way of South 57th Place described in the following paragraph. . . Another existing eight inch (8") public sewer line is located within South 58th Street which has the available capacity to serve the eastern portion of the Property, via the extension Of this existing eight inch (8") sanitary sewer in South 58th street in conjunction with the construction of Jon's Landing subdivision to the north of the Property, and the extension of a new eight inch (8") public sanitary sewer in the proposed right-of-way of South 57th Place within the boundaries of the Property. The City's preference is to provide sanitary sewer service to all lots in the eastern portion of the Property by means of the new eight llJch (8') public main which' will be 'located in South 57th Place. If this is not possible, a private easement and sewer iine to serve only the lot identified as Lot 3 may be allowed. The APPLICANT will be required to provide engineering details which will be reviewed during the Public Improvement Plan process. Another option may be to provide said LoU with a private sanitary sewer pump to connect to the new sewer main. . The future Jasper Road sanitary sewer will eliminate a lift station that will serve the eastern portion of the Property. The applicant will be required to pay a proportionate share of the cost of the sewer'system, based upon acreage. The Property is 1.74 acres of the total of approximately 1000 'acres, which will be served by the Jasper Road sanitary sewer. The long-term plan for providing sanitary sewer service to the Property is via a new sarutary trunk sewer that will be extended in Jasper Road from d South 42" Street, as follows: '. . When this trunk sewer is constructed, the existing lift station located on Mt. Vernon Road will be decommissioned. The flows from the pump station will be diverted to this new trunk sewer. . The new trunk sewer will be partially funded by the City, with the remainder of the funds to come from several owners of parcels ofland that Will be served by this new trunk sewer. The design for the new trunk sewer is anticipated to commence in 2008, with the construction to occur once the rf'",O;n;'lg funding is secured from the benefited properties, and the APPLICANT is one of the benefited property owners. . A new sanitary sewer main will need to be constructed from the new trunk sewer across lands not owned by the APPLICANT to the Property to provide the long-term planned sanitary sewer service to the Property. ANNEXA nON AGREEMENT - Page 2 of 13 Revision Date 1/16/08 V :\develvpo'll"V' reviewIDevelopment Applications\2007ILRP2007-\LRP2007 -00022, Galceran AnnexationiLRP2007-00022 Galceran Annexation Agreement.doc . Prior to the construction of sanitary sewer system installations under this , agreement, all necessary easements and/or necessary rights-of-way shall be granted. G. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a fmding that this key urban service is available to serve the Property. o An existing public stormwater management system is located within South 57th Street and is 12 inches in diameter. There is available capacity within the l2-inch storm sewer to serve the western portion of the Property. o The eastern portion of the Property will drain towards South 58th Street. The . existing public' storm sewer which lies in South 58th Street has been shown as a twelve inch (12") diameter pipe on plans prepared in relation to the development of the adjoining property to the north. City records show a portion of this system to be ten inches (10") in diameter. The APPLICANT will be required to verify the size of the existing storm sewer, and to assure the capacity of the existing storm sewer and the gutter capacity ,of South 58th Street to ~erifythe size and length of any required extension of the existing storm sewer system. . Treatment of stormwater runoff will occur on site via an engineered mechanical filter system or bioswale. . There is currently no' public stormwater management system downstream of the Property. The City's long-temi plan for providing the necessary stormwater . management facilities to the Property can be described as foliows: . The City's existing stormwater master plar,r for this area, the Storm Drainage Study for East Springfield (June 1979) identifies future stormwater management systems to serve the Property and surrounding lands, but it does not address the facilities necessary to ensUre the adequate, provision of public drainage services all the way to the Middle Fork of the Willamette River. The plan is in need of updating to meet current.City standards for stormwater management. . The Metro area's Public Facilities and Services Plan (December, 2001) also identifies that future stormwater drainage systems are needed to serve the Property and other lands in the vicinity. . o The City has commenced preparation of a new Stornlwater Facilities Master Plan to identify specific stormwater management and service needs for the entire City. This new planning will result in an updated recommendation for facilities whicl:) are needed to adequately serve the Property and other surrounding lands. H. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required ,in order to provide access and a transportation system for the'provision of Fire and Life Safety services to and from the annexed property. o South 57th Street fronts the site on the west, and the site partially adjoins South 58th Street on the northeast. Both of these streets are fully improved with cUrb, gutter, and sidewalk. ' ANNEXATION AGREEMENT '- Page 3 of 13 Revision Date 1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007 'ILRP2007 -00022, Galceran AnriexationILRP2007 -00022 Galceran Annexation Agreement.doc --,\ o The APPLICANT proposes to dedicate sufficient Right-of-way to extend South 58th Street from the northeast comer of the Property and to the west approximately 225 feet along the frontage of the Property and adjacent to Jon's Landing subdivision, which is currently being developed. The Applicant will construct a portion of South 58th Street in conjunction with the development of Jon's Landing subdivision to provide for an urban standard street complete with curb, gutter, pavement, sidewalk, street lights, and street trees. o The APPLICANT proposes to provide public access to all proposed lots within the subdivision via the dedication of public Right-of-way and the construction of urban standard streets, complete with curb, gutter, pavement, sidewalk, street lights, and street trees. The alignment of this Right-of-way will be required to coincide with the existing Right-of~way of South 57th Place, which lies approximately 300 feet south of the South line of the Property. I. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Boundary Commission, or its successor, and in exchange for ,the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. . Now, therefore based upon the foregoing Recitals, which are specifically made a part of this . Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance,:". . :.of Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perfolII! the ",':', "'. ., ',obligationsset forth in this secti.on. 1.1 Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant to Springfield Development Code Article 35, for a residential subdivision on the Property within six (6) months of the effective date of the Boundary Commission's, or its successor's, approval of APPLICANT's annexation request. This paragraph is. subject to the requirements of Paragraph 8, below. 1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant"to Springfield Development Code Article 35 for a residential subdivision 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 Subdivision Tentative Plan approval issued pursuant to. Paragraph 1.1, above. This paragraph is subject to the requirements of Paragraph 8, below. 1.2.1 APPLICANT agrees and understands that the existing home, which is proposed to remain on the Property, must be connected toa public sanitary sewer system as part of the development of the Property, or within two years of the effective date of this annexation request, whichever occurs first. In ANNEXATION AGREEMENT - Page 4 of 13 Revision Date 1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007-ILRP2007 -00022, Galceran AnnexationILRP2007 -00022 Galceran Annexation Agreement.doc I, . , addition, the existing septic system and drain field must be removed and/or abandoned in accordance with City and Lane County standards and regulations. 1.2.2 APPLICANT is required to participate, in the manner described herein, in the construction of the Jasper Road Trunk Sewer. 1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public Improvement Plans, Final Inspection, submittal and approval of the requisite As- built Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any new structure on the Property, develop on-site and off-site public sanitary sewer conveyance systems to provide sanitary sewer service to the development as follows: 1.3.1 APPLICANT shall construct sanitary sewer systems'to connect the existing house which lies on the western portion of the Property to the existing eight inch (8") 'sanitary sewer,which lies within South 57th Street. If the connection from this house to the existing eight inch (8") public sanitary sewer in South 57th Street cannot be made by means of a private gravity sewer lateral, the Applicant will be allowed the option of extending a private gravity sewer lateral from the house to the east and to a connection to the pro~osed public gravity sewer system in.the proposed right-of-way of South 57 Place. APPLICANT shall also construct sanitary sewe~ systems to connect the eastern portion of the Property to the existing eight inch (8") sanitary sewer which lies within South 58th Street, or the extension of said existing eight inch (8") sanitary sewer which will be constructed as a part of an approved . . Public Improvement Project (pIP) for the Jon's Landing s]lbdivision which is currently under construction. 1.3.2 APPLICANT shall prepare the studil::s, plans, permit applications, and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the sanitary sewer systems described in Paragraph 1.3.1, above. 1.3.3 APPLICAN.T shall bear the full cost and obligation to design and construct the proposed sanitary sewer systems that connect to the existing public systems, including but not limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.3.4 Prior to or concurrent with the Subdivision Plat or Public Improvement Plan . approval by the City, whichever comes flISt, for any portion of the Property, APPLICANT will provide a payment in full to the City equivalent to six thousand dollars ($6,000.00) in December 2007 dollars. The actual payment amount shall be determined by increasing the stated payment amount by the percentage increase in the ENR 20-City Construction Cost Index, The base ANNEXATION AGREEMENT - Page 5 of 13 Revision Date [/16/08 V:\developement reviewIDeve[opment Applications\2007\LRP2007 -ILRP2007"()0022, Galceran AnnexationILRP2007 ..()0022 Galceran Annexation Agreement.doc index to be used for this calculation shall be 8089.45 which is the published index rate for December 2007. The City and the APPLICANT hereby agree that such payment amount, in addition to the anticipated local Sanitary Sewer Improvement SDC fees to be paid based upon the average residential development density for the Property, is a fair share cost for the Jasper Road Trunk Sewer. ' 1.3.5 The APPLICANT agrees and understands that the City may initiate a Local Improvement District (LID) to construct. one or more off-site sanitary sewer mains from the Jasper Road Trunk Sewer to the Property. In the event that the City does initiate said LID, the APPLICANT. hereby consents to the formation of such. LID and agrees to abide by the terms of Paragraph 6, below. The APPLICANT further agrees and understands that the construction of the Jasper Road Trunk Sewer does not include the construction of said off-site sewer mains and that nothing in this Agreement obligates the City to construct said off-site'sewer mains at any given time. The City anticipates that said off-site sewer mains will be constructed concUrrent with the development of the lands lying between the Property and Jasper Road. 1.3.6 Prior to or concurrent with Subdivision Plat or Public Improvement Plan approval by the City, whichever .comes fIrst, for any portion of the Property, APPLICANT will provide fInancial security acceptable to the City for all costs associated with the sanitary sewer system construction described in Paragraph 1.3.1., above. APPLICANT is directed to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the , Bureau of Labor and IndustriesJBOLI) and the payment of prevailing rate of wage. The cost of all construction to be completed which the City interprets as being occupied or used by a public agency shall be estimated based upon , the prevailing rate of wage, and fmancial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public Improvement Plans, Final Inspection, submittal and approval of the requisite As-built Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any new structure on the Property, develop on-site and off-site public stormwater , management systems to provide drainage service to the development as follows: 1.4.1 APPLICANT shall construct public stormwater management systems to collect, treat; convey, detain as deemed necessary, and discharge stormwater from the Property anq the upstream tributary areas via an on-site engineered bioswale or mechanical fIlter system and public drainage easement, and into the public stormwater lines. 1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary to o.btain the permits and other ANNEXA nON AGREEMENT - Page 6 of 13 Revision Date 1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007 -ILRP2007 -00022, Galceran AnnexationILRP2007 -00022 Galceran Annexation Agreement.doc approvals necessary to construct the stormwater management system described in Paragraph 1.4.1, above. 1.4.3 Grant to the City the easements necessary to access, operate, and maintain a public stormwater management system on the Property. Easements for piped portions of the system will be a'minllnum offourteen feet (14') wide and may be wider depending upon the size and depth of the pipes within the easement. Easement widths for open channel portions of the system shall be determined based upon the design width of the channel plus ten feet (10') on one side and twenty-five feet (25') on the other side to accommodate access and maintenance by City personnel and equipment. Actual easement widths an~ locations will be determined during the Subdivision Tentative Plan ~evlew. . 1.4.4 APPLICANT shall bear the full cost and obligation to design and construct the proposed stormwater management systems that connect to the existing public systems, including but not limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.4.5 Prior to 'or concurrent with Subdivision Plat approval or Public Improvement Plan approval by the City, whichever comes first, for ally portion of the Property, APPLICANT will provide financial security acceptable to the City -for all-costs associated with tl)e.above storrnwater management system ,constniction. APPLICANT is directed to Paragraph 12 of this Agreement . concerning current requirements in relation to regulations of the Bureau of .. : Labor ;mdJndustries(BOLI) and the payment of prevailing rate of wage. . . The cost of all construction to be completed which the City interprets as , : being occupied or used by a public agency shall be estimated based upon the . prevailing rate of wage, and financial security shall be adequate to provide . for the payment of said prevailing rate ofwage. 1.4.6 The APPLICANT agrees to pay.a portion of the construction costs of future downstream stormwater facilities, as described in Paragraph G of the Recitals of this Agreement, due to the fact that no storrnwater facilities currently exist in the region. It is anticipated that obligations for a fmancial contribution to downstream drainage improvements wocld be based upon total acreage . served and total runoff contributed by the development. ' 1.4 Subject to Subdivision Plat approva.J, City Engineer approval of the requisite Public Improvement Plans, Final Inspection,submittal and approval of the requisite As-built Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any new structure on the Property, develop on-site and off-site public street systems to provide interconnected transportation service to the development as follows: ANNEXA nON AGREEMENT - Page 7 of 13 Revision Dale 1/16/08 V:\developemenl reviewIDevelopmenl Applications\2007\LRP2007-ILRP2007-D0022, Galceran AnnexalionILRP2007 -00022 GalCeraD. Annexation Agreernentdoc . 1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct , fully"improved on-site and off-site public street systems to provide for the logical and orderly extension of the following public streets: 1.5.1.1 Dedication of Right-of-way and construction to facilitate the connection to and extension of 58th Street from the northeast comer of the Property and westerly approximately 225 feet, as described in Paragraph H of the Recitals of this Agreement. This construction shall be designed and performed in conjunction with the construction of 58th Street which is associated with the Jon's Landing development. 1.5.1.2 Dedication of Right-of-way and construction to provide public access to all proposed lots within the Property, as described in Paragraph H of the Recitals of this Agreement. 1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the transportation systems described in Paragraph 1.5.1, above. . ......:.",'.'_.. ,1.5.3 APPLICANT shall bear the full cost and obligation to design and construct ,: the proposed transportation systems, including but not limited to aSsociated'" . .':: _, ,rightcof-way, easements, engineering costs, permit applications and fees, "..,. .:.', :._:legal costs, construction and inspection costs, and the preparation of As-built., ". ,Plans: . , '-' '-;-'-';:'", ""-:":'!i ,"',., ,..' 1.5.4: Prior to or concurrent with Subdivision Plat approval or Public Improvement:,' ' -Plan approval by the City, whichever comes first, for any portion of the Property, APPLICANT will provide financial security acceptable to the City for all costs associated with the above transportation system construction. APPLICANT is directed to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment of prevailing rate of wage. Tbe cost of all construction to be completed which the City-interprets as being occupied or used by a public agency shall be estimated based upon the prevailing rate of wage, and financial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.6 Provide and be fmancially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Subdivision Tentative Plan and/or the Public Improvement Plans as necessary to serve the development of the Property, including the construction and maintenance thereof. 1.7 In determining APPLICANT's share of costs for the improvements described in this . Agreeement, the full cost for the provision of the improvements at the time of ANNEXATION AGREEMENT - Page 8 of 13 Revision Date.1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007 -ILRP2007 -00022, Galceran AnnexationILRP2007 -00022 Galceran ~exation Agreement.doc . construction shall be estimated. For the purposes of this Agreement, the full cost shall include desigi1, construction, acquisition ofland and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Oblil!ations of City. Consistent with the above Recitals, City agrees to: 2.1 Initiate and support annexation of the Property to the City before the Boundary Commission, or its successor, and support APPLICANT's defense of any appeal of a decision of the Boundary Commission, or its successor, annexing the Property to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan, Subdivision Plat, arid Public Improvement Plan applications in accordance with City procedures for the development of the Property. 3. Covenants Runninl! 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 Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon , the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its . execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in mterest to APPLICANT.., :;" Execution of this Agreement is a precondition to the support of the 'City for annexation of.. "." ,'..;, the Property described in' Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. . "~ . ."01 4. '-Limitations on the Develonment. No portion of the Property shall be developed prior to the approval of a Subdivision Tentative Plan and Public Improvement Plans for the sanitary sewer systems, stormwater management systems, and street improvements for the proposed development. 5. Mutual Cooneration. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contaiJ.1ed herein. ,6. Waiver ofRilffit of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment ,upon any proposed Local Improvement District (LID) or any related matters orally or in writing. ANNEXA nON AGREEMENT"': Page 9 of 13 Revision Date 1/16/08 V:\developement reviewIDeveiopment Applications\2007\LRP2007-ILRP2007-00022, Galceran Annexation1LRP2007-00022 Galceran Annexation Agreement.doc 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the key urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.II-C-4 and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as the City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9 Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tillard (512 U.S. _ 114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, fmancial responsibility and reimbursements set forth in Section I, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tip:ard and cases interpreting the legal effect of Dolan arising out of the actions described herein. ...;' i: ;~. : :,;. . 10. Ballot Measure 37. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, administrators and successors, hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invaliditv. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity ,of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the 'parties hereto shall be determined in accordance with the laws of the State of Oregon. 12. Comoliance With HB 2140. In accordance with House Bill 2140, the APPLICANT acknowledges that 25 percent or more of the square footage of this PROJECT as completed will be occupied or used by a public agency and that, accordingly this PROJECT is "public works" within the meaning of ORS 297C.800(6)(a)(C). The APPLICANT will require, as a condition of any contract for construction, that the specifications for such contract shall contain a provision; A. complying with the provisionsofORS 279C.830, with respect to the payment of the ANNEXA nON AGREEMENT - Page 10 of 13 Revision Date 1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007-ILRP2007 -00022, Galceran AnnexationILRP2007 -00022 Galceran Annexation Agreement.doc prevailing rate of wage; . B. ' requiring that each and every contractor or subcontractor shall me such bonds as may be required under ORS 279C.836; C. requiring that any contractor or subcontractor shall comply with each and every provision of ORS279C.800 - 870, with respect to such PROJECT. . Any and all cost estimates shall be prepared on the basis of prevailing rates of wage: If the Commissioner of the Bureau of Labor and Industries shall have, pursuant to Section 44(2) of chapter xxx of Laws, 2007, as enacted by House Bill 2140, divided the PROJECT to separate the part that are public works from the parts of the PROJECT that are not public works, the foregoing provisions shall apply only to that portion of the PROJECT that the Commissioner shall have determined to be "public works". ANNEXATION AGREEMENT - Page 11 of 13 Revision Dale 1116/08 . V:\developement reviewIDeve10pment Applications\2007\LRP2007-ILRP2007 -{l0022, Galceran AnnexationILRP2007 -00022oGalceran Annexation Agreementdoc 6 DATED this ) {.. day of ~ c>."- '<<v, . 200 E3. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. ' Ronald D. Galceran (OWNER) Ko. A 1 AD 'f 4h //I~ u Karen L. Galceran (OWNER) STATE OF OREGON COUNTY OF LANE } 55 ft..;., ,Q BE IT REMEMBERED that on this / (, .;.;>""""day of '-'" 0--< .....,,'.1- ,200 ~efore me, the undersigned, a notary public in and for said County ~tate, personally appeared the witbiJi named Ron~lcl OG.a.l&eran ~ncl K~r"T:1 L G~1c."r",; whose identity was proved to me on the basis of satisfactory evidence and who executed the within . . instrument and acknowledged to me that Ronald D. Galceran and Karen L. Galceran executed....., ... the same freely and voluntarily. . """,,__ " IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and> year last above written. ' : ,:".',0'.' ~~~~~. .-- N';~Yublic for Oregon A,",~,{ < I- /~ f4 J "20 (c'J My Coirtrnission Expires . OFFICIAL SEAL JEFF PROCIW , ' NOTARY PUBUC.OREGON ',-, COMMISSION NO, 409159 MY COMMISSION EXPIRES AUGUST 16, 2010 ANNEXATION AGREEMENT - Page 12 of 13 Revision Date 1/16/08 V:\developement reviewIDevelnpment Applications\2007\LRP2007 .ILRP2007 -00022, Galcernn Annexation1LRP2007-00022 Galceran Annexation Agreementdoc CITY OF SPRINGFIELD By: Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE } 55 BE IT REMEMBERED that oILthi, day of ,200 before me, the undersigned, a notary public in and for said County and State, personally appeared the within 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 corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year last above written. NOTARY PUBLIC FOR OREGON '" -- ,~' . MY COMMISSION ExpIRES , ANNEXATION AGREEMENT - Page 13 of 13 Revision Date 1/16/08 V:\developement reviewIDevelopment Applications\2007\LRP2007 -ILRP2007 -00022, GaIceran AnnexationlLRP2007 -00022 Galceran Annexation Agreement.doc EXtlrnIT A . PROPERTY DESCRIPTION Beginning at a point in the center of County Road No. 452, in Section 4, Township 18 South, Range 2 West of the willamette Meridian, said'point being.on the West line of the S', D. Gager Donation Land Claim No. 61, said Township and Range, 775.4 feet North of the Southwest corner of said claim, from said beginning point run East 20,0 feet to an iron pipe, marking the East line of said 'County Road; thence 'continuing East 204.7 feet to a total distance of 224.7 feet; thence North 96.92 feet; thence West 204.7 feet to an iron pipe in the East line of said County Road No. 452; thence continuing West 20.0 feet to a point on the West line of said.S. D. Gager Land Claim; thence' South along said West line, 96.92 feet,to the place of beginning, in Lane County, Oregon, ALSO: A piece of ground described as beginning at a point 30.0 feet East of the centerline of County Road No, 452, said point also being 872.32 feet' North and .30.0 feet East of the Southwest corner of the S. D. Gager Donation Land Claim No. 61, in Township 18 South, Range 2 West of the Willamette Meridian; thence East 194,7 feet; thence South 96.92 feet; thence East 224,7 feet, thence North 106.92 feet; thence West 419.4'feet; the~ce South 10,0 feet to the point of beginning, in Springfield, Lane County, Oregon, EXCEPT the portion conveyed to Lane County in the Warranty Deed. recorded February 5, 1997, as Reception No. 9707995, Official Records, in Lane County, Oregon. TOGETHER WITH THE FOLLOWING'DESCRIBED PARCEL: Beginning at a point 30 feet East of the center line of County Road No. 452, said point being 1033.07 feet North and 30. feet Eas17 c?'f -the Southwest corner of the S. D. Gager Donation Land .<;laim No. '61, _<Township :r8 'south, Range 2 West of the willamette Meridian; thence East.'.419.4 'feet,::thence". ' .' South"150.75 feet, thence West 419.4 feet, thence North 150..75' feet to thepoint"o'f '. beginning, in Lane County, Oregon. "... ' . ... - EXCEPT:' Beginning at a point 30 feet East of the cei1te~iil)e'''o'f,Cou~ty'.i~a:d' NO~c,' '452, said point also being along the Right of Way of County Road No. 452; said' point also being 1033.07 feet North ancl 30 feet East 'of:the Southwest corner of the S.D. Gager Donation Land Claill) '61, in Section 4,. To~ship f8.South, Range. 2 West of .the Willamette Meridian; thence East 194.40"feet; thence"South 150.75..... feet; thence West 194'.4.0 feet; thence North 150,75 feet to the point of. . . begi~ing, in Lane County Oregon: EXHIHIT B PROPOSED ANNEXATION 855 South 5ih Street (Map 18-02-04-14, TL 200) , . SUBJECT SITE Springfield, OR \~ \ . ...-.... . -. . . ..-_.-::-.:-_.-~: RIDGE CREST DR IIIII ~~1I v......II"<!/ffI".QrrtIIl~/IrtsI<lttOlrpJn;rddsprudl/t'l lM"'<<I:ll_t;ZlJres""lISl>iIlryfor/l'~'IaSJDI'.mq<'IIri:d", fmmllA)' tmr. _~(JII <r JAfilioMfill<<OII'DC'!"aflhizpt'Dthc1 r_ _- _-I Within City limits ~ Not Wilhin City,lJmits ,... 1DO~ July, 2D07 EXHIBIT D (A copy of the final Staff Report will be appended to the recorded Ordinance)