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Home My WebLink AboutResolution 07-25 06/04/2007 RESOLUTION NO 07-25 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION WHEREAS, the City received a request to annex 1.26 acres into the City of Springfield on September 6, 2006, said territory being described as follows: Township 18 South, Range 2 West, Section 4, Map 11, Tax Lot 5300 (commonly known as 809 South 57th Street, Springfield) as generally depicted and more particularly described in Exhibit A of this Resolution. WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban Growth Boundary, and is adjacent to the City limits; and, WHEREAS, a 0.14 acre portion of Tax Lot 5300 acquired'through a property line adjustment with Tax Lot 5103 is already in the City limits, and is not subject of this annexation request; and, WHEREAS, the Common Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and, WHEREAS, one hundred percent of the property owners of the territory signed a consent to annex (Exhibit B); and, WHEREAS, one hundred percent ofthe registered electors of the territory signed a consent to annex (Exhibit C); and, WHEREAS, the City Council is authorized by Springfield Development Code 6.070, ORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in the annexation proposal can be provided with the minimum key level of urban facilities and services in an orderly and efficient manner as defined in the Eugene-Springfield Metro Area General Plan Policy 8, Page II-B-4, and where there will be a logical area and time within which to deliver urban services and facilities; and, WHEREAS, minimum level of key urban services and facilities are defined in the Eugene-Springfield Metro Area General Plan, Page V-3 as sanitary sewer service, stormwater service, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities and services, and public schools on a district-wide basis; and, WHEREAS, the territory proposed to be annexed can be immediately provided with a minimum level of key urban facilities and services, with the exception of City stormwater and sanitary sewer services which are available along the public street frontages of the property; and, WHEREAS provision of City storm water and sanitary sewer services has been arranged through an Annexation Agreement that has been negotiated with City staff and the property owner, as described in Attachments 2 and 4, Case Number LRP2006-00025; and, WHEREAS, an Annexation Agreement has been proposed for execution by the City of Springfield and the property owners (Don and Lauren Horton) which will memorialize the Owner's commitment, agreement and obligation to meet the City's requirements for provision of the minimum level of key urban services and facilities as required for an affirmative City recommendation for the annexation request; and, WHEREAS, the City Manager is authorized to forward this resolution supparting the applicant's annexation request to the Lane County Local Government Boundary Commission when an Annexation Agreement is entered into by the City of Springfield and Don and Lauren Horton (Owners); NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby recommend approval of the annexation of the subject territory to the City by the Lane County Local Government Boundary Commission, Lane County, Oregon, said territory being described as follows: Township 18 South, Range 2 West, Section 4, Map 1 f, Tax Lot 5300 (commonly known as 809 South 57th Street, Springfield) as generally depicted and more particularly described in Exhibit A of this Resolution. Section 2: This resolution shall take effect upon adoption by the Common Council of the City of Springfield and approval by the Mayor. Section 3: The City Council recommends that the Boundary Commission approve the proposed annexation upon execution of an Annexation Agreement as described in the recitals. Section 4: The City Manager shall forward this Resolution supporting the applicant's annexation request to the Lane County Local Government Boundary Commission. ADOPTED by the Common Council of the City of Springfield this 4th day ofJune, 2007, by a vote of 6 for and 0 against. APPROVED by lli~~~ 8ft1\~~rf8f Springfield this 4 th day of June, 2007. ATTEST: City~~ ()L:VIEWED & APPROVED AS TO FORM _~-("'......,~ ~ L.h.A'~ rv -E' 's- J 2 I ,~,-,! '_ ~_3_ _O::J OFFICE OF CITY ATTORNEY EXHIBIT A RIDGE COURT MAP NO. '1 o II) a: loJ ~ :" 5 o '" .... W w a:: .... en :J: I- ...... &t) ::I: .... ~ _ 0 en SEE MAP 18 02 04 1 4 FOR ADJOINING AREA Legal De~cription ;, l~ ..,.l~ .,~ , I I I I I I I , I , I , , I I I I I r( y' 11 (l~l ({ V U 1J\~ll \ \ \ \ \ \: , .. :- .. " ~ ~ TAX L 18 Beginning at a point 29.53 feet East of the centerline of County Road No. 452, said point also being 1033,07 feet North and 27.43 feet East of the Southwest corner of the S.D. Gager Donation Land Claim No. 61, Township 18 South, Range 2 West of the Willamette Meridian; thence East 421.97 feet; thence North 130,00 feet; thence West 421.97 feet; thence South 130.00 feet to the point of Beginning, in Lane County, Oregon. EXHIBIT A .Ij u ..., ! I RIDGE COURT ,,>oz.' MAP NO. 1 B4. (@~ :l: ~C9S1 02 :> 0,19 AC. 9239 SQ. n. ... peL 2 (, e- M CD 5103 0.47 AC, peL. 3 ,,@,,~: ~~ EXHIBIT A-1 ;, l~ .d~ "'r I I I I I I I I , I I I , I I I , I I ((j)~~~,=( \ \ \ \ \ \ \: . ..- . :- ..... ..." 'H. 1\ I TAX L. 18 .... w W 0::: .... ~ .en-- 0:: ~ ...... &t) ::I: .... ~ ~ 0 en ::... """ 2 :~ -.... f.\l.'.\\~\..I'.~.g~~.~ 5400~_~ !~~fu39\~'0~~~~~'W~~_~~~~~'@-'\~0~~_\~'\~~~~~) l'."'~'" ~,~~:~~~. ;L !:: 6 '" ....CST t69,99' S.39332 loJ ;., .,. S 1:> '" I SEE MAP 18 02 04 14 FOR ADJOINING AREA {"--""'-, ' . .l,~g~l D~sqiption . , . "..: .,' . Beginning at a point 29.53 feet East of the centerline of County Road No. 452, said point also being 1033.07 feet North and 27.43 feet East of the Southwest comer of the S.D, Gager Donation Land Claim No. 61, Township 18 South, Range 2 West of the Willamette Meridian; thence East 421.97 feet; thence North 1 30.00 feet; thence West421.97 feet; thence South 130.00 feet to thepoint of Beginning, in Lane County, Oregon. FO RM #1 PETITION '\ '\ \ ANNEXATION TO THE CITY OF SPRINGFIELD \ \ TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION We, t.he. lUldersigned, constitute the ovvners of at least one-half of the land area of the property described in the attachment marked "Exhibit A"AND ,We desire to be annexed to the City of Springfield, A map is attached marked "Exhibit B," showing the. affected territory and its relationship to the present city limit boundaries, . The annexation constitutes a minor boundalY change under the Boundary Commission Act and should therefore be considered by tile BoundaryComrnission and, after study, a Final Order should be entered by the Boundary Commission, By ~- ,. )'V", _ -_._~-- \~-=+=-- . . Date ~ 1 " [0 ~~__ n .' . BY__~~6\t Date -~lille-- B ~~ y ----_._----_._---.__._.__._---_._--------~------ B D~ y _._._._______.______.________n._n____________n______.__.__.--~. 11AP# -.lE - O_?::...-Ot..f:::J_L_._ LOT# __ :;-3o~_ M.A.P# LOT# With the above signature, I am verifying that I have the authority to consent to the amlexationon my OVll1 behalf or on behalf of my finll, agency or trust. . Revised 12/28/00 5 . I:\CDCC\ELEC\L TR\CERTIF OF REG VOTERS for annex,doc updated 05- I 6-07 FORM #2A Exhibit C-3 Certification of Registered Voters (Fonn # 2A) CERTIFICATION OFREGISTERED VOTERS .' EXHIBIT C-1 -' . .- . . . . I hereby certify that Lane County Elections has certified 1 registered voter at the following address and conesponding map & ta:"lot: ' Map & Tax Lot 18-02-04-11-5300 S'treet Address ~p9 So,uth' 57!hStreet, Springfield " - Reg Voters 1 . . .,.. I hereby certify tbatth~feb.tregi~f~r,~~'yoteratthe addresses/m;:tp & tax lot provided above. Dated this 16th day of May, 2007 r ~~:, '-----\'y,-(j::.:c;~~~)~:' Roxann Marshall - Elections Supervisor DEPARTMENT OF MANAGEMENT SERVICES CHIEF DEPUTY COUNTY CLERK / ELECTIONS 275 WEST 10TH AVENUE / EUGENE, OR 97401-3008/ (541) 682-4234/ FAX (541) 682-2303 Informational Attachment For the requested annexation of:l: 1.40 acres of property located at 809 South 57th Street. The area is described on Lane County Assessor's Map 18-02-04-11, TL 5300. Approximately 0,14 acres of the tax lot already are within the Springfield City Limits as a result of a property line adjustment with tax lot 5103 (Case SUB2005- 00069), Therefore, only the portion of the tax lot lying outside the City limits (comprising approximately 1.26 acres) is subject of the annexation request. The legal description for the area requested for annexation (Exhibit A to the Council Resolution) omits the area inside the City limits. Zoning The Low Density Residential (LDR) zoning ofthe subject property and uses are consistent with the Metropolitan Area General Plan (Metro Plan). The property meets the minimum requirements for parcel size and frontage on a north-south street (at least 5,000 square feet and 60 feet of frontage). Sanitary Sewer , The existing residence is not currently connected to the city sanitary sewer system. There is an 8-inch sanitary main within South 57th Street, and an 8-inch sanitary sewer lateral connection and cleanout is stubbed into the site near the southwest property corner at South 58th Street. Approximately one-half of the property will be served by the South 5ih Street sewer line, and the eastern half will be served from South 58th Street. The City's sanitary sewer system will be upgraded and extended to accommodate the increasing levels of sewage as this area of Springfield develops, Under the terms of the Annexation Agreement, the developer is required to pay a proportionate share of constructing the future Jasper Road sanitary sewer trunk line that will serve the region, including the subject property. "." Solid Waste Management . The City and Sanipac have an exelusive franchise arrangement for garbage service inside the city limits. Upon annexation, Sanipac will serve this property. Water Service The Springfield Utility Board (SUB) has a 16-inch water main within South 57th Street that can provide water service to the site in the futUre. .' .' Electric '. ..... SUB is currently serving th~:siie ivithdverhead power fronlSouth 5ih Street. . Fire and Life Safety . The Fire Marshal has reviewedthl':: application and has determined that frreand emergency services are available to serve this site. There is an existing frre hydrant located at the northwest comer of the property. Police Protection Upon annexation, the area will receive police protection from the City of Springfield. Police protection and response to priority calls can be provided to this site upon annexation consistent with service protection throughout the city. Parks and Recreation Programs. After annexation to the City of Springfield, the subject property will be within the Willamalane Park and Recreation District boundary. City residents receive park and recreation services from the District. The District operates two aquatic centers, a Community Center, an Adult Activity Center, and 31 parks containing a variety of outdoor recreational amenities. A complete listing of Willamalane' s parks and programs can be found on-:- line at www.Willamalane.org, or at 736-4044. The nearest developed parks to this site are William S. Fort Memorial Park (300 58th Street) and Bluebelle Park (South 50thPlace and Bluebelle Way). Additionally, there are future park and open space facilities being developed nearby in the Jasper Meadows neighborhood. Land Use Controls The City of Springfield Development Services Department has provided all planning and building functions for the citizens and property owners of the subject property, The City of Springfield Development Services Department will continue to provide land use control for the site after the annexation. Under the terms of the Annexation Agreement, the developer is required to apply for subdivision tentative plan approval within 6 months of annexation to the City of Springfield. Communication Facilities Qwest and AT&T currently provide communications in the area for cable service and numerous wireless companies provide different communication services, The City has no exclusive franchise arrangements with telecommunication or wireless companies. The field is competitive and therefore guarantees a wide selection. Public Schools Public School services are available through Springfield School District 19. Riverbend and Ridgeview Elementary Schools, Thurston Middle School and Thurston High School are located north of the subject property. . Storm water Control Roof runoff is presently directed onto the site where it infiltrates. Future redevelopment of the property with a 9-10t residential subdivision will require , installation of urban stormwater facilities. Under the terms of the . Annexation Agreement, the developer will be responsible for constructing a public storm water management system to handle the drainage from the site. SUBJECT SllE 11111J1W. __it I I I U - ri II \ L ~~ ~ MAIN ST k I H II 1 v- L 'j o ? -~ \=~ wI -I----' ;--1-- L. 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ANNEXATION AGREEMENT This Annexation Agreement ("'Agreement") is made between the City of Springfield, an Oregon municipal corporation ("'City") and Donald M. Horton and Lauren E. Horton, ("'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 Government Boundary Commission ("BoUndary Commission") following minor boundary change . processes. B. APPLICANT haS submitted to the City an Annexation Application Journal No. LRP2006- 00025, dated August 18, 2006, for Assessor's Map No. 18-02-04-11, Lot 5300 ("'Property"); C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation before the Boundary Commission. The Springfield Common Council has adopted Resolution No. _ supporting the annexation. D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan and is zoned Low Density Residential (LDR) with an Urban Fringe (UF-lO) overlay according to the Springfield Zoning Map. E. Annexation of the Property ryquires a showing under SDC 6.030(2) that the Property can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a, p.II-B-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 stormwater management service, and street connectivity to adjoinillg property that fully meet City Standards. The purpose of this Agreement is to memorialize APPLICANT'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 long-term public sanitary sewer, stormwater, interconnected transportation systems, and Fire and 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 Department 225 Fifth Street ' Springfield, OR 97477 Attn: Engineering Division ANNEXATION AGREEMENT - Page 1 of 10. Revision Date 12/28/06 ., ~ \ F. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed hind uses in the vicinity of the Property is necessary to support a. fmding 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 western portion of the Property... 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. . 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 1.4 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 sanitary trunk sewer that will be extended in Jasper Road from . South 42nd 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 div~rted 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 of land that will be served by this new trunk sewer. The design for the new trunk sewer is anticipated to commence in 2007, with the construction to occur once the remaining 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. .. 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. . An existing public stormwater management system is located within South 57th Street and is 12 inches in diameter. There is available capacity within the 12-inch storm sewer to serve the western portion of the Property. The eastern portion of the Property will drain towards South 58th Street. . . Treatment of storm water 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-term plan for providing the necessary stormwater management facilities to the Property can be described as follows: . The City's existing stormwater master plan 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 . ANNEXATION AGREEMENT - Page 2 of 10 Revision Date 12/28/06 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. . The City has commenced preparation of a new Stormwater 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 which 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. . South 57th Street fronts the site on the west, and the site partially adjoins South 58th . Street on the east. Both of these streets are fully improved with curb, gutter, and sidewalk. . The APPLICANT proposes to extend South 58th Street from the southeast comer of the Property to the west boundary of the Property, with a connection to South 57th Street. 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 affmnative recommendation for annexation to the Boundary Commission, 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 and Public Improvement Plan approvals, APPLICANT agrees to perform the . obligations set forth 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 APPLICANT's annexation request. This section is subject to the requirements of Section 8, below. 1.2 Apply for, and obtain, Subdivision Plat approval pursuant to Springfield Development Code Article 35, from the City 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 any Subdivision Tentative Plan approval ANNEXATION AGREEMENT - Page 3 of 10 Revision Date 12/28/06 issued pursuant to Section 1.1, above. This section is subject to the requirements of Section 8, below. . 1.2.1 APPLICANT agrees and understands that the existing home, which is proposed to remain on the Property, must be connected to a 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 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 Develop on-site and off-site public sanitary sewer conveyance systems to provide sanitary sewer service to the development as follows: 1.3.1 Subject to City Engineer approval of the requisite Public Improvement Plans, APPLICANT shall construct sanitary sewer systems to connect the western portion of the Property to the existing eight inch (8") sanitary sewer which lies within South 57th Street, and to connect the eastern portion of the Property to the existing eight inch (8") sanitary sewer which lies within South 58th Street., . 1.3.2 APPLICANT shall bear the full cost and obligation to design and construct the proposed sanitary sewer systems that connect to the existing systems, including but nof limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of as-built plans. 1.3.3 Prior to or concurrent with the approval of the Subdivision Plat for a residential subdivision of the Property, APPLICANT will provide a payment in full to the City equivalent to one thousand dollars ($1,000.00) in January 2005 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 index to be used for this calculation shall be 7297.24 which is the published index rate for January 2005. 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. 1.3.4 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, ANNEXA nON AGREEMENT - Page 4 of 10 Revision Date 12/28/06 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. ,1.4 Develop on-site and off-site public stormwater management systems to provide drainage service to the development as follows: 1.4.1 Prior to occupancy approval for any new structure on the Property, and subject to City Engineer approval of the requisite Public Improvement Plans, construct public stormwater management systems to collect, treat, convey and discharge stormwater from the Property and the upstream tributary areas via an on-site engineered bioswale or mechanical filter system and public drainage easement, and into the public stormw~ter lines. 1.4.2 Prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the permits and other 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 t4e Property. Easements for piped portions of the system will be a minimum of 14-feet wide and may be wider depending upon the size and depth of the pipes within the easement. Easement widths for open channel portions of the system shall be determined based upon the design width of the channel plus 10 feet on one side and 25 " feet on the other side to accommodate access and maintenance by City personnel and equipment. Actual easement widths and locations will be determined during the Subdivision Tentative Plan review. 1.4.4 APPLICANT shall bear the full cost and obligation to design and construct the proposed stormwater management system that connect to the existing systems, including but not limited to engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of as-built plans. 1.4.5 Prior to or concurrent with Subdivision Tentative Plan approval by the City for any portion of the Property, APPLICANT will payor provide bond for all costs associated with the above. 1.4.6 The APPLICANT agrees to pay a portion of the construction costs of future downstream stormwater facilities, as described in article G of the Recitals, due to the fact that no stormwater facilities currently exist in the region. It is anticipated that obligations for a fmancial contribution to downstream ANNEXATION AGREEMENT - Page 5 of 10 Revision Date 12/28/06 .. drainage improveri:1entswould be based upon total acreage served and total runoff contributed by the development. 1.5 Develop on-site and off-site public street systems to provide interconnected , transportation service to the development as follows: 1.5.1 Subject to Subdivision Tentative Plan approval and City Engineer approval of the requisite Public Improvement Plans, APPLICANT 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: .1.5.1.1 Extension of South 58th Street through the site from the southeast. comer of the Property to the west boundary of the Property, with a connection to South 57th Street. 1.5.2 Prior to or concurrent with Final Subdivision Plat or Public Improvement Plan, whichever comes first, approval by the City for any portion of the Property, APPLICANT will provide fmancial security acceptable to the.City for all costs associated with the above transportation system construction. . 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 . Teptative 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 co~ts for the improvements described in this Agreeement, the full cost for the provision of the improvements at the time of construction shall be estimated. For the purposes of this Agreement, the full cost shall include 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. Obligations 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 and support APPLICANT's defense of any appeal of a decision of the Boundary Commission annexing the Property to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan, Public Improvement Plan, and Subdivision Plat applications in accordance with City procedures for the development of the Property. ANNEXA nON AGREEMENT - Page 6 of 10 Revision Date 12/28/06 3. Covenants Running 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 interest 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. 4. Limitations on the Development. 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 and stormwater management system for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right 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. . 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, p.II-B-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 Pro graIn (LDAP) permit application submitted by APPLICANT. 9 APPLICANT knows and understands its rights under Dolan v. City of Tigard 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 1, 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 ANNEXATION AGREEMENT -Page 70fID Revision Date 12/28/06 waives any cause of action it may have pursuant to Dolan v. City of Tigard and its progeny arising out of the actions described herein. 10. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes 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. Invalidity. 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 vaIidity, 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. ANNEXATION AGREEMENT - Page 8 of 10 Revision Date 12/28/06 DATED this ~ d~y of ." d l ,2001. IN WIlNESS WHEREOF, the Applicant and City have executed this Agreement as of the date fIrst herein above written. . . . APPLICANT I t---l-- , ~,JjI11~I~ () . , . ~tU{{P~ e'11ud-z~ Donald M. Horton (TITLE) (SEAL) Lauren E. Horton (TITLE) STATE OF OREGON COUNTY OF LANE } ss BE IT REMEMBERED that on this 'L 4 day of ~. \ . . ,200 -4-!'efore me, the undersigned, a notary public in and for said Co ty and State, personally appeared the within named Donald M. Horton and Lauren E. Horton whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that Donald M. Horton and Lauren E. Horton executed the same freely and voluntarily" IN TESTIMONY WHEREOF, I have hereunto set my hand an year last above written. offIcial seal the day and o~o<: Z~ 838Vl31d3S 81dX3 NOISSIWV'lOO AW 9~L60v 'ON NOISSIWL^JOO .. NOD3~O - 0118nd A~VJ.ON /' ", )I0n11Vd Vl::IVS i 1\'3S 1'1101:1:10 otary Pu lic for Oregon ~ [2. 20/'0 My Co . ssion Expires ANNEXATION AGREEMENT -Page 9 ofl0 Revision Date 12/28/06 !'It ~ ::TYo1:'~ Gino Grimaldi, City Manager (" STATE OF OREGON COUNTY OF LANE BE IT REMEMBERED that on this 5~ day of ~lA.ne ,200 '7 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. } ss IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~(3)4tnu^-- NOTAR UBLlC FOR OREGON (I) OFFICIAL SEAL AMY L SOWA . j NOTARV PUBLIC - OREGON \,./ COMMISSION NO, 397942 , MY COMMISSIOtHXPIRES NOV, 22. 2009 II~ (}-()--- oDD Cj MY COMMISSION ExpIRES r~~~~~~[rpY~is:~~:~~,S-. ',- ,:',:~,' ~; (~.I, ,') ~IQ~!!J, '~l..' .. ___d (" ~, '. '.JI ~A;'.ll' :". .~ '.\ K ".... ;;; c'' 1....1.../ ,., ~~;;;ji4~~~~t:;~~~~~ ~ :~.,'.... _.:.. ~ V: development review/development applications/2006/LRP2006/LRP2006-00025,Horton/Don Horton-Jon's Landing-Template Annexation Agreement kv1.doc ANNEXATION AGREEMENT - Page 10 of 10 Revision Date 12/28/06 ------- -~--- .. City of Springfield . Development Services Dep81-tment 225 Fifth Street Springfield, OR 97477 Phone: (541) 726-3759 Fax: (541) 726-3689 SPRINGFIELD Annexation A~lication Location of the Property _ .. _ ~D' s, S1~ ~ . Assessor's Map(s) and Tax Lot(s) of the property included in the request (please indicate if only a portion of a lot is included in the request and attach any additional map and tax lot munbers on a separate sheet of paper, ) . Map # 19.- 'f)-~~bl( - il_ Lot # ~'Joo Map # Lot # 'Map# Lot # Map#._________ Lot # . Area of Request l Lio Existing Use(s) of the Property' tl-'771M- ~ 7..,. d"L e'6.~'r-~~ _.___I1-oM~ n~ ~----r~-+r- . ----- - Proposed Use(s) of the Property ________~::::_/.. t._____S...J.tl.\l \')toL~___.:IOYlS_ La..rl ~ . .~. ~ Square Feet or _ Acres Owner Name(s) -----'/>. ~_&~-' - ' --------. -f'-LU .....-1_ ' . <"" ,., ..., l I'\. ei .J;..- . . "'7;2:.- S. 'v I V\T-e..iX. _.._~------------_._---------------------- __~fn,~.~--.!l'tlg . Phone: 6)7-1t:>)5_._____ , J. '~ ~ .---:---.-S~~-t.:!;,.-2---~r#-~\...--------.------- . Applicant Name Address Address Phone: Tbe undersigned acknowledges that the information in this pplica ~ n is coned and accurate. Applicant Signature ~~__~ L_ __- "'-'---_.___ Date_ B l.IJt.J1:IJ.._- If the applicant is other Ihan the owner, tbe owner hereby grants permission for the applicant to act in his/her behalf Owner Signature _ Date . For Office Use Only: JOlU'nal No, ~~6"" ~ Received By ~--<2- Map No,ifyOd. -O~ -\ '- Tax Lot._~_.-53oo Date Accepted as Complete ._._ ____p_~_P_-.---. . _ __ ________________ RJ 2-00" -000 G , Revis .3en Zro 5 - roD f:, / INFORMATION SHEET LANE COUNTY LOCAL GOVERNMENT BOUNDARY COlVIMISSION . NORTH PLAZA LEVEL, PSB 99 E. Broadway, Suite 400 Eugene, Oregon 97401 PHONE: 681-4425 --- ]) ~---~~ ~tioner's Name) ----------~-Q~ __~TI-~- (Zip) S. 5S~ C;~ (Address) 5/7 - 3't1S~ (Phone) SJJi~J\t\S- , c-ct) The .attached petition is fa (annexation t ) or (withdrawal from) the -2fri~- (City). or ___. (District) PLEASE SUPPLY THE FOLLOWING INFORMATION REGARDING THE AREA TO BE ANNEX~~D OR WITHDR4 WN. Estimated Population (at present): ~ . Number of Existing Residential Units: I Land Area: __.__L 1..1 D _______ Acres or Square Miles Is the area within a Domestic Water Supply District'? ____'2.,,1l.~__________.:_.__...:.__._.__ (Name) Is the area with a Rmal Fire Protection District? (Name) ANNEXATION TO CITIES OR WATER DISTRiCTS ONLY A. If the property is entirely or substantially undeveloped, what are the plans for future development? (Be specific-if site or development plan!; have been prepared, please submit a copy) _._ __ __~1.-=-ht __ ~ v,,~~\~ '; ~ t??!) . .____.,___n _______ ._____ .___,_____________. .__u_ _, . _ .---..--.------- ---- B, Can the proposed development be achievedilllder current county zoning? Yes ---.)s..----- No_~.--. If no, has a zone change been sought from the county either fonnally or informally for the property 'lmder consideration? Yes _ No 25..._, Revised 12/28/00 11 ' Please describe outcome of zone change request if answer to the proceeding question is "Yes," -------~--jffk:---------------'----~-~-~----- -_._---~.._-------_._----------_._-------- ----------..------------..---------- ------. -.--..-. .-._.._-------_._-------_._-----_._--_._-.._--~--_._------------ ALL PROPOSALS A. Does this proposal include all contiguous property under the same ownership? b_ If not, are you in the process of a major_ or minor ____ partition? ._)L (No) If you are not in the process of a,subdivision, please state your reasons for not including entire ownership, . ~-~0~A-~t' u_~~__~_- ~~~__lz. II-~ ~---~~- _.t-~_9k; f - -:o+.-~~~ ~ r~,,~_~lpct;J~W. \ot- - B. ORS 199,462 of the Boundary Commission Act states: "When receiving a boundary change, a boundary commission shall consider economic, demographic and sociological projections pertinent to the proposal, and past and prospective physical developments of land that would directly or indirectly be affected by the proposed boundary change," Considering these points, please provide the reasons the proposed boundary chanee should be made, Please be very'specific, Attach additional page ifnecessary, _~~~~ '\ ,>' (~u....-~----"iA_~.~"" u;~ ~ ~"L__ __~~~~~~~_~~-~OtL~~tJ~L ~_~f _~~~L.l_-,- ~:r-~-~l.w:-- ~-k\)~f- ~u~~-d_..h-.--li-~--~-~ikLj- rt -- __._ ~~\Lntt&_~. he- at\Nl-~,1n-ttL~-w~ f _5>-~ll_-L-o--_------- C, Names of Persons to Whom Staff Notes and Notices Shall be Sent ___y~~ ~~ . ~Y'e.~ ~~~ (Name) . ~.. ~ _~__7BQ__~_ 'OS -=-~~ ___ (Address) -_::>("~-~~7 DrL q 1 L\~_ (City). A J (Zip) (W'c. l-\.. Z~ . .-- (Name) _ tT. :rtk. ~:J. .' ~J q~ ~ ,---- (Address) (CitY)~7--!)L_.-~~~~------- Revised 12/28/00 (Name) (Address) (City) (Zip) (N ame) (Address) (City) (Zip) l2 ~ Annexation Written Explanation for Assessor's Map 18-02-04-11 , Tax Lot # 5300 Don and Lauren Horton 1. The size and location of property. The property is located at 809 S. 57th Street. The area of the property is 1.40 acres. 2. What city senrices or facilities do you seek from annexing the property . The property owilerwill be seeking access to city wastewater facilities, city. stonn water facilities, and S.U.B. water and electric facilities. 3. How the property will be senred by a minimum level of key urban facilities. The required key urban facilities arc located a4iacent to the property. The applicant will be extending South 58th Street from the property's east boundary to its west . boundary where it meets 57th Street. The applicant will be installing waste water, storm water, water and electric facilities within the extension of 58th Street right-of- way. 4. The zoning and plan designation of the site and adjacent properties. The site is zoned LDR and has a plan designation of LDR. The adjacent properties are zoned LDR and have a plan designation of LDR. 5. The proposed use of the development area and scope of the proposed development. The a~plicant is projosing a 9-10t suhd~vision' on the property. The applicant will be extendmg South 58 Street from the Southeast" comer of the property to the west boundary of the property, where it meets South 57th Street. '/ 6. The ctirrent use of the site and any existing improvements. The property is being used as a single-family residential lot. There is an existing manufactured. home and a gravel driveway on-site. 7. Any special site features (Le. wetlands, watercourses, steep slopes, etc.) There are no special features on site. EXHIBIT A Legal Description Beginning at a point 29.53 feet East ofthe centerline of County Road No. 452; said point also being 1033.07 feet North and 27.43 feet East of the Southwest corner of the S.D, Gager Donation Land Claim No. 61, Township 18 South, Range 2 West of the Willamette Meridian; thence East 421.97 feet; thence North 130.00 feet; thence West 421.97 feet; thence South 130.00 feet to the point of Beginning, in Lane County, Oregon. EXHffiIT B b 111 ;: ~ on ... 5 o VI .... W w a:: .... en :J: I- ...... &t) ::I: .... ~ o en RIDGE COURT MAP NO. 1 94. :~~2 (, e- M 5103 CD :> 0,19 AC. '" 0.47 AC, 9239 SQ, n, ,.. ... peL. 2 ;;) ~ peL. 3 VI \lCST 169,99' SEE MAP 18 02 04 1 4 FOR ADJOINING AREA ~~ ...1" "'r , I I I I I I I , I I I I I I I , I I ((Ju9l= \ \ \ \ ~ I .. .:- .... ..." ,~ ~ TAX L I (;)