HomeMy WebLinkAboutAgreement APPLICANT 5/8/2006
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ANNEXATION AGREEMENT
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This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Orego'l municipal corporation ("City") and Donald M. and .LaurenE. Horton, ("HORTON"). '
REcrT ALS
A. HORTON owns the parcel(s) ofland legally described in ExhibitA, th~ 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 ~ocal Government
, Boundary Commission ("Boundary Commission") following minor boundary change
processes.
B. HORTON has submitted t6 the City an Annexation Application Journal No. LRP2005-
00039, dated December 13, 2005, for Assessor's Map No..18-02-04-11, Lots 4900 and 5000
("Property").' ' .
,C. HORTON wishes to annex !he Property to the City and seeks support from the City for the
annexation before the BOllI}~ary Commission. The Springfield Common Council has
adopted Resolution No.}~:,,:li:i~i~i supporting the annexation.
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D. The Property is currently designated as Low Density Residential on the Metro Plan and is
zoned LDRlUF-lO according to the Springfield Zoning Map.
E. Annexation of the Property 'requires a showing underSDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as described in the
Metro Plan Policy 8a, 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 storm water management service, ~d street connectivity to adjoining
property that fully meet City Standards. The purpose :of this Agreement is to memorialize
HORTON's and City's commitment and agreement to the allocation offmancial
responsibility for public facilities and services for the property and other users of the
facilities, sufficient to meet the City's requirements for the provision of key urban services
including public sanitary sewer, stormwater"and transportation services necessary for an
affirmative City re~9mmendation for the annexation request. .
After ~ecording, Return;to:
Place Bar Code Sticker Here:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
ANNEXATION AGREEMENT -Page I of8
(Revision Date 3/13/06)
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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
fmding that this key urban service is available to serve the Propc..rty.
G. An existing public sanitary sewer system is located along the northerly boundary of the
Property within S. 56th Street. In addition, an existing public sanitary sewer system is
located along, the easterly boundary of the Property within S. 57th Street and includes one
sanitary sewer main stub extension to the Property:, However, new sanitary sewer mains ,
will need to be extended through and/or across the Property to provide futuie sanitary sewer
service to abutting developed and undeveloped properties that do not currently have public
sanitary sewer service. These new sewer mains shall hereinafter be referred to as the
"Sewer Main Extensions". ' ,
H. A publicstormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
I. The Property currently has one single family dwelling on Lot 5000, with the remainder of
the Property as undeveloped land." The stormwater runoff patterns from the r.':'p",ly
generally flow southerly to the S. 56th Street and/or onto abutting private properties. The
Property is planned to receive stoITnwater serviCe via an extension of the existing
stormwater system in S. 56th Street. New stormwater management systems will need to be
extended through and/or across the Property to provide future stormwater service to abutting
developed and undeveloped lands within the Springfield UGB that do not currently have
public stormwater service. In addition, a new stormwater treatment facility is required for
stormwater flows from the Property and the abutting properties.
J. 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.
K. One existing street right-of-way abuts the Property as follows:
. S. 56th Street is an improved street right-of-way that abuts the northerly boundary
of the property, which is planned to be extended to the southerly boundary of the
Property,
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's conditions for an
affmnative recommendation for annexation to the Boundary Commission, and in exchange
for the obligations of the City set forth below, HORTON shall comply with all requirements
imposed on HORTON in this Agreement.
ANNEXATION AGREEMENT - Page 2 of 8
(Revision Date 3/13/06)
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Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agr~ement, the p~ies ~gree as follows:
AGREEMENT
I, Obli!!ations ofHORTO~. Consistent with the above recitals and subjectto the issuance of
subdivision and public improvement plan approvals, HORTON agrees to perform the obligations
set for)h in this section. ' ,
1.1 Apply for Subdivision TentatIve Plan approval, pursuant to Springfield Development
Code Article 35, from the City for a residential subdivision on the Property within
six (6) months of the effective date of the Boundary Commission's approval of
HORTON's annexation request. This section is subject to the requirements of
Section 6, below.
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1.2 Apply for, and obtain, Subdivision Plat approval pursuant to Springfield
Development Code Article 35, from the City for aresidential 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 any Subdivision Tentative Plan approval
issued pursuant to Section 1.1, above. This section is subject to the requirements of
Section 6, below.
1.3 Develop on-site and off-site public sanitary se~er conveyance systems to provide
sanitary sewer service to the development as follows:'
1.3.1 S,ubject to City Enginee~approval of the requisite public improvement plans,
HORTON agrees to pay for and construct public Sewer Main Extensions to
the southerly boundary of the Property in an orderly and efficient manner
such that development of the Property is served as well as tributary sanitary
sewer service areas via the planned extension of S. 56th Street.
1.3.2 Prior to the approval of the Subdivision Plat pursuant to Section 1.2,
hereinabove, or City Council acceptance of the public improvements required
for subdivision development of the Property, HORTON agrees to obtain all
necessary 'permits, pay all applicable fees, and complete the construction
necessary to connect the existing house on Lot 5000 to tile public sanitary
sewer.
1.4 Develop on-site and off-site public stormwater management systems to provide
,drainage service to the' development as follows: -
i.4.1
Subject to City Engineer approval of the requisite public improvement plans,
construct a public stormwater line from the existing line in S. 56th Street to
the southerly boundary of the Property to collect, convey and discharge
stormwater from the Property and the upstream tributary areas to the existing
public stormwater line.
(Revision Date 3113/06)
ANNEXA nON AGREEMENT - Page 3 of 8
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1.4.2 Construct a stormwater treatment manhole, of a type acceptable to the City
Engineer, in the existing public stormwaterline in Glacier Street near S. 57th
Street. Said treatment manhole shall be sized to provide'water quality
treatment for the approximately 25-acre drainage subbasin that contributes
flow to the Glacier Street stormwater line.
1.4.3 HORTON and the City shall share in the cost to construct the stormwater
management systems described herein as follows:
1.4.3.1 HORTON shall bear the full costto construct all of the stormwater
management systems described in Section 1.4.1. '
1.4.3.2 HORTON ai:J.d the City shall share the full cost to construct the
stormwater treatment manhole described in Section 1.4.2. '
HORTON's share of the cost will be 10% and the City's share of the
cost will be 90%. The actual cost for HORTON and City will be
determined prior to City Engineer approval pf the requisite public
'improvement plans.
1.5 Subject to Subdivision Tentative Plan approval and City Engineer approval of the
requisite public improvement plans, HORTON shall bear the full cost and obligation
, to develop and construct a fully-improved on-site public street system to provide for
the logical and orderly extension of the following public streets:
1.5.1 S. 56th Street shall be extended from the northerly boundary of the Property
to the southerly boundary of the Property in a location to be determined
during. Subdivision Tentative Plan review. '
1.6 HORTON knows and understands its rights underDolan v. City of Ti!!ard and by
entering into this Annexation Agreement hereby waives any requirement that the
City demonstrate the public improvements and other obligations of HORTON, for
payments, [manei'aI responsibility ind reimbursements set forth in Section I,
required herein are roughly proportional to the impacts of the development of the
Property. HORTON further waives any cause of action it may have pursuant to
polan v. City of Tif!ard and its progeny arising out of the actions described herein.
1,7 HORTON knows and understands any rights it may have under Oregon Revised
Statutes Chapter 197 as amended by Ballot Measure 37 passed November 2,2004,
HORTON for itself and its heirs, successors, and assigIis hereby waives any claiin: or
cause of action it may have under such ORS provisions against the City of
Springfield. '
1.8" Provide and be fmancially responsible, including the construction and maintenance
thereof, for the provision of any additional urban facilities and services identified
ANNEXATION AGREEMENT - Page 4 of8
(Revision Date 3/13/06)
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during the review and approval of the Subdivision Tentative Plan, and/or the public
improvement plans as nt;cessary to serVe the development o(the'Property.
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1.9 In determining HORTON's share of costs for:the improvements described in thi:: ,
Agreement, the fulL cost for the provision of the improvements at the time of
construction shall be used. For the purposes of this Agreement, the full cost shall
include but not be limited to design; construction; acquisition of land and/or
easements; studies; permits from all agencies having jurisdiction; attorney's fees;
and all other costs reasonably associated with the implementation of the needed
. improvements.
2. Obli!!ati~ns of City. C~nsistentwith the abov~ Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City of Springfield before the
Boundary Commission apd support HORTON's defense of any appeal of a decision,
of the Boundary Commission annexing the Property to the City. Ho~ever, the City .
will not ~sume ~y, financial responsibility to provide legal counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plans,
Subdivision Plats, and Pllblic Improvement Plan applications in accordance with
City procedures for the development of the Property.
2.3 City agrees to reimburse HORTON for its share of a stormwateItreatment manllole
upon r~ceipt of an Invoice from HORTON following City acceptance of the public
improvementsrequired for the development of the Property as a residential
,subdivision. '
3. Covenants Runnin!! 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 and burden upon the Property. This
Agreement shall be recorded atHORTON's expense upon its execution in the Lane County Deeds
and Records. Except as set forth in Section 1.2.1, this Agreement may be assigned by HORTON
and shall benefit any assigns or successors in interest to HORTON. Execution of this Agreement is
a precondition to the support of the City. of Springfield for annexation of the property described in
Exhibit A for the City of Springfield. Accordingly, the City retains all rights for enforcement"of this
Agreement. .
4. Limitations on the Develonment. No portion of the Property shall be developed prior to the
approval ofa Subdivision Tentative Plan. For the purposes of this Agreement, "developed" shall
mean and include, but not be limited to, Clearing; grading; construction of public or private
structures or infrastructure; or any other activities that are not directly or indirectly related to the'
current use of the Property.
5. Waiver of Ri!!ht of Remonstrance. HORTON agrees to sign any and all waivers, petitions,
consents and all other documents necessary ,to obtain the public facilities and services described "
(Revision Date 3113/06)
ANNE)fA TION AGREEMENT - Page 5 of 8
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herein as benefiting the Property, under any"Improv~irient Act or proceeding of the State of Oregon,
Lane County' or the CitY of Springfield and to waive all rights to-remonstrate against these
improvements. HORTON does not waive the right to protest the amount or manner of spreading
the assessment thereof, if the assessment appears,to HORTON to be inequitable or operate unfairly
upon the Property. HORTON waives any right to file a written remonstrance against these
improvements, HORTON does not waive its right to comment upon any proposed local
improvement district or any related matters orally or,in writing.
6. Land Use. Nothing in ibis 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. Notliing herein shall be construed as City providing or agreeing
to provide approval of any building, land use, or other development application or land and drainage
alteration permit application submitted by HORTON.
7. Modification of A!!feement. This Agreement"inay only be modified in,writing signed by
both parties. Any modifications to this agreement shall require the approval of the Springfield City
Council. This Agreement shall not be modified'such that the key urban facilities and services as
defmed in the Metro Plan Policy 8a, p.ll - B-4 and as required herein are not provided in a timely
manner to the' property.
8. Mutual Cooneration. City and HORTON shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
9. Invaliditv/Severabilitv. rfany 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 ef[(:Ct of the Agreement .
and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of
the State of Oregon.
ANNEXATION AGREEMENT - Page 6 of 8
(Revision Dale 3/13/06)
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DATED this I~ day of rn""""L.. 2006.
IN WITNESS WHEREOF, HORTON and City have executed this Agreement as of the date first
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herein above written. .
DONALD M. HORTON
;:- '> )",<<.ti VIt ..--!; H'"'-
LAUREN E. HORTON
rI CUWhl r i' tI UJ-iV\
CAl.,~orw":,A
STATE OFORCG5H"jI- . 1
COUNTY OF ~Lv"~ Orl,~j' SS
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BE IT REMEMBERED that on this is day of f'l\t::..r1.\T ,20010 before me,' the
. undersigned, a notary .public in and f9r said County and State, personally appeared the within named
.DONALD M, HORTON whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged tom~ that he 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,.
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@ w. JONATHAN CARUSLE
i ,-. Commission # 1497725
~ . -,,; . ~ Notary Public - Callfomla ~
A ',' San Luis Obispo County ,
J. . :,~Y~O~m:,Ex~lr~~Ju~26:. 2~8~
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N 'ary Publicfor.@,-.:.~,",,, ~A-\.hnl1, A
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0IJ~ "2.~, 200P5 .
My CommissiOn Expires
STATE OF OREGON
COUNTY OF l ~I'J G-
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BE IT REMEMBERED that on this \ ,(;day of MA~c. H ,2000 before me, the
undersigned, a notary public in and for said CountY and State, personally appeared the within named
LAUREN E. HORTON whose identity was ,Proved to me an the basis of satisfactory evidence and who
executed the within instrument and acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seji day and year last
above written , . _~~d'fA.
~ "'..,~ "... Notary Po_" o~
_ NOT~~~~~~tgR~GON V
COMMISSION NO, 374529 A}~IJ q ,S)nn~
MY COMMISSION EXPIRES NOVEMBER g, 2007 My Commissio'n I!xpires
(Revision Date 3/13/06)
ANNEXATION AGREEMENT ~ Page 7 of 8
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CITY OF SPRINGFIE
By: (~1n ' , COvv '
~ctkthia Pappas, In erim City Manager
;:EVlEWfIJ & APPROVED
"~T~:O~f;l~~~
DATE: 31 '<-<:> \ c:.-t--
'.EGAL COUNSEL
STATE OF OREGON
COUNTY OF LANE
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BE IT REMEMBERED that on.th;<L/-H rlav of ~~, 200 ~
, . ,before me, the undersigned, a notary public in and for said County
and State, personally appeared the within named CYnthia Pannas whose identity was proved to me
on the basis of satisfactory evidence and who by me duly sworn, did say that she is the Interim City
Manager of the within named municipal corporation and does acknowledge said instrument to be
the free act and deed of said municipal corporation, and that the seal affIxed to said instrument is the
Corporate seal of said municipal corporation, and that said instrument was signed and sealed in
behalf of said municipal corporation by authority of its City Council' '
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my official seal the day and
year last above written.
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OFFICIAL SEAL
, AMY L'SOWA
, : NOTARY PUBLlC- OREGON
\',./ COMMISSION NO. 397942
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IlYluA C{ Jrnvli---
NOTARY ijffiLic FOR OREGON
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MY COMMISSION ExpIRES
(Revisioo Date 3113/0(1)
ANNEXATION AGREEMENT - Page 8 of 8
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Legal Description
Assessor's lvlap 18-02-04-11
Tax Lors 4900 & 5000
BeginniJlg at a point i)fi the East line of the Richard G, Hixon Donation Lmd Claim No,
86~ in Tovvns1:tip 17 South, Range 2 -YVest of the '\V"il13mette rvleTidi~ and 1-10. 47, in
Township 18 South~ R;mge 2 Wesl oftnt; Willamette Meridian, 1155,80 feet North ()" 01'
45" West of the most Easterly SOlitheast comer thereot: thence West 31.63 feet to the
True Point of Beginning; ,thence West 207.00 feet; thence South 00 01' 45" East 42.00
feet; thence West 68,00 feet; thence South 00 01' 45" East 49.50 feel: thence West
171.00 feet: thence -North 00 01' 45" West 91.50 feet; thence East 9.00 feet; thence N011h
0001' 45", ,Vest 91.20 feet; thence West 9.00 feet; thence North 00 01' 45" West 157.00
feet; thence East 265,00 feet; thence South 00 01' 45" East 157,00 feet; thence East
181:00 feet to the Westerly ~argL.'1 of South 57th Street; thence along said Westerly
margin South 00 01' 45" East 91.20 feet to the Tme Point of Beginning in Lane County,
Oregon,