HomeMy WebLinkAboutApplication APPLICANT 8/14/2009
.
,
City of Springfield
Development Services Department
225 Fifth Street:\ '.
Springfield, OR 97477
3
Annexation Application Type IV
. ..
. -.
Property Owner:
IAddress:
I
IOWner.5ignature:
Owner Signature:
I.Sil~i"'\.. ~ Co. /EVfJe>VI.... A.;\Le....C<:>qJ*" 5'l1-'{B5 --IlCO
Po ~'k 7'1<.5 E\.L~~ oR.. ~140'b -S'\\-108~-77z.z..
(L,.vm,Ld (2 Ii) l4~:i :::r~",es A...W'i\c\.;~l....V('es.
II .
;; :'<ij: l'!i; :;;';;~';':;;;~"~; ;;i' ~",~;:; r:::;'; :1:~!; .'~, ,,;: ,;: >"J,
'S,\:\ -1of!,3-77IL
I S<-{' -1083.. 77Zz-
I ("Ied.;\<.@:
,,,,;\,1;,,,,^- .C<'S">\A
Agent Name: K"-'^-d.c<.\ \ S. \-\\ec\"; "'-
Icompany: W'\\c\ ~f,~,- ~ C.O/E."j€v'e f.\\\e... COr? I Fax:
IAddress: 'p 0 ~ lL\l..S E.'"'<i-e~ I 0"1<.. q74t>l~1 E-mail
IAgent Signature: /- L~-~ Jl-&d~ j
1:~~~~~~ff9~~~e~~~r~~f~~[~~~~~1~~~~~*{~~~h~~\~~ry~~l~~1~@:j~~b~~~~~~~J~f;~f@~&~f&~~18W~~~~~~t~~tJj~t:\~il~~ij~~{~~;$~~i~~ji~~r~:~1
I /18-0"3 -02..-"2..0 I' 13<.<'0 J ;J,oti,::1Z.<o,33CO/
ASSESSOR'S MAP NO: i6 '03 -M -::o.z..: TAX LOT NOeS): :'lf3nn
I Property Address: I '1B5!*.'fB57~. SCO! Frankl;", 131"'4, LAne COU+1-t'(. OrejOVl 1
1~,~,~~,()!,~e9u,est: ~ 8 ,z-B ~~.~e,.s ' . ....."'...m."'.'........ 'T., ,m..1
Existing Use(s)
of Property: 1
fOrmer' se<.Vlc/";;<;jn.vel pro<.e5s:Yr4 ple<-r1+ - c-"-rr~r1-1/y
P r j WI C<. ( i 1,/ !/c<-t:..o.. VI T.
Proposed Use
of Property:
70 8e DeferM:ned
.1 NOTe:: ,II."'+erisk(,JE-) per-fa.,"V/s -1-0 E.....<;E'n-e AileI'? Corp,
'~.,.."..---...~-,.,-...,. ,nO. '~j'r.'~""'" .. -".,~.--"'. - -- .....,..,..w... .....~~""..,...,,.._,.. .. "'-.. .... '"' ..".....~,..."..,. ..,.. .,~...._."..._,..". n.'..',""", ".~ ',_ " .<;..'r..'-'.-"J..".."...,....,. ,~..-.-:,; ;.j,;,C'lli_._' ,,.... ''-I' ~ 'T" ",.. ....,..... .Hi ""..... .. .
Required Property Infqrmation (City Intake Staff: Complete This Section)
Case No.:
LiZP ~o.9 - DODD,!
Date:
t) 1 nu..:.ttn~ Revi!;)llfed By:
. L!ICll ~(~/olltials)
AVa 1 of zoilS
Page 8 of 20
fl-c.-L-
17(<..3"2002 -0000 I
Oriainal Submittal
Application Fee:
"
Postage Fee:
.0-0
,.
. "
;1'
I Total ,Fe~: l"t 85, 5't7 .73 I
Date Received:
AUG 1 ~ 2009
. Original Submittal
Pa~e 9 of 20 .
"
Owner Signatures
. This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signature" are required at both stages in the application
process. An application without the Owner's original signature will not be" accepted. ,
, Pre-Submittal
The undersigned acknowledges that the infor:mation in this application is correct and accurate for scheduling of the
. Pre- Submittal Meeting.
Owner:
Date:
Signature
r
Ta.",^-es A.... L0;\c\~,&~
Print
Submittal
I represent this application to be complete for submittal to the City. ;,Consistent with the completeness check
performed on this. application at the Pre;-Submittal Meeting, I 'affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing t~e application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.. - ' I
Owner:
a ./iLLLl
Date: Av.c,lA.s.+ 1?-- '2COc,
,
Date Received:
AUG 1 4 2009
Original Submittal
. 'Page 10 of 20
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
LRP2009-00009
LRP2009-00009
LRP2009-00009
LRP2009-00009
LRP2009-00009
Payments:
Type of Payment
Check
cReceintl
RECEIPT #:
2200900000000000921
Description
UGB Annex Camp Plan >Per Ac
UGB Annex Per Ac
Bound AdjustlWithdraw 10%
+ 5% Technology Fee
Postage/Legal Notice Fee IV
Paid By
WILDlSH LAND CO
0' . 'If Springfield Official Receipt
DL. .:topment Services Department
Public Works Department
Date: 08/14/2009
: Item Total:
Check Number ,> Authorization
Batch Number Number How Received
Received By
tj
Page 1 of I
417012
In Person
Payment Total:
Date Received:
AUG 1 4 2009
'original submittal-
3:31 :55PM
Amount Due
74,990,52
5,727.00
572.70
4,064,51
543.00
$85,897.73
Amount Paid
$85.897,73
$85,897.73
8/1412009
541-726-3753 Phone
541-726-3676 Fax
Description
UGB Annex Comp Plan >Per Ac
UGB Annex Per Ac
Bound Adjust/Withdraw 10%
+ 5% Technology Fee
PostagelLegal Notice Fee IV
s:\ Tidemarklfonnslcasefees I.ipt
Trans
Code
1298
1265
1225
2299
1299
Fees Associated W
Case #: LRP2009-000u9
5001 FRANKLIN BLVD
WILDISH LAND COMPANY
Revenue Date Calculated
Account Number Calculated By
100-00000-425002 8114/2009 ACL
100-00000-425002 8114/2009 ACL
100-00000-425002 8/14/2009 ACL
100-00000-425605 8114/2009 . ACL
]00-00000-425505 8/] 412009 ACL
Original
Amount
74,990.52
5,727.00
572. 70
4,064.51
543.00
Total Due:
8114/2009
2:29:27PM
Amount
Due
74,990.52
5,727,00
572. 70
4,064,51
543,00
$85,897.73
Date Received:
AUG 1 4 2009
Original Submittal
Page 1 of 1
~-
........ ". '
. - - -
Since /935
August 14,2009
Andy Limbird, Planner
City of Springfield
225 Fifth Street
Springfield, OR 97477
Dear Mr. Limbird:
Subject: Annexation Request Submittal
Enclosed please find the filing materials and fee payment for the voluntary annexation of approximately 38
acres of land owned by this company and Eugene Allen Corp. (an affiliated company) located at or contiguous
with p.up"';! addressed as 4851, 4857 and 5001 Franklin Boulevard in the Glenwood neighborhood of
Springfield.
This comparatively large property is situated at the southern entry to Springfield from Interstate 5, and is
connected to Springfield and Eugene by the McVay Highway/Franklin Boulevard corridor. Formerly used as a
sand and gravel processing site, the property is now largely vacant with the exception of an office/shop building
leased to a heavy equipment operator training organization.
The property enjoys approximately 2900 feet ofWilIamette River frontage. It has direct access to McVay
Highway, a two lane state highway. The property is presently served by water, sanitary sewer, electric and
natural gas utilities. In the future, it is anticipated that storm water will be managed on-site in a manner similar
to that of other recently developed properties in the area, e.g., Franz Bakery.
The topography is flat, and there are no wetlands or significant wildlife habitats identified on the site. Although
portions of the property are within the regulated 100-year floodplain, it is important to note that the Federal
Emergency Management Agency (FEMA) recently revised the "floodway boundary" in a manner that removed
essentially all of the property from the floodway and its associated development constraints.
Pursuant to SDC 5.7-125(B)(13) and(14), the following information is provided:
A. The affected territory proposed to be annexed is within the City of Springfield's urban growth boundary,
and is separated from the city limits only by a public right-of-way (McVay Highway).
B. The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metro Area
General Plan (2004 version). The property is designated Light Medium Industrial on the plan diagram, and
zoned Light Medium Industrial. In particular, the annexation promotes Policy IlI-B-25: "Pursue an aggressive
annexation program and servicing of designated industrial lands in order to have a sufficient supply of
'development ready' land". The proposed annexation is also consistent with applicable policies in the
Glenwood Refinement Plan. It is located in Subarea 10, with a small portion in Subarea 9. It is within the
Franklin Boulevard/Willamette River Corridor as well.
P,O. Box 7428 Eugene, OR 97401 I 3600 Wildish Lane Eugene. OR 97408
Telephone: 541485-1700 Fax: 541683.7722 wwwwilrli<hmm
An Equal Opportunity Employer
Date Received:
AUG 1 ~ 2009
Original Submittal
.. . ~ '"
C. The proposed annexation will 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 as outlined in
the enclosed Annexation Agreement.
D. Fiscal impacts to the city are also addressed in the Annexation Agreement.
In regard to issues raised during the Pre-submittal meeting of April 21, 2009, enclosed please fmd a font-
corrected legal description, as well as maps pertaining to McVay Highway and the location of water, sanitary
sewer and electric utilities. The McVay Highway right-of-way is of variable width, and the paved surface is
app,vA;mately 33 to 45 feet wide. Provisions for the location of access points are specified in the Annexation
Agreement, and utility connections will be detailed in future development proposals.
We have no specific development plans for the land at this time. Coupled with its inclusion within the
Glenwood Urban Renewal District and an Enterprise Zone, we believe the size and location of this property
create a significant opportunity for meeting the neighborhood's and city's development goals. Annexation is the
first necessary step toward this realization.
Thank you for your assistance in annexing this pwp'" ;;.
Encls
cc (w/o Ends): Mayor
City Manager
Date Received:
AUG I 4 2009
Original Submittal
Application #: C SP 2009 -
For City Use Oniy
FORM 1
Date Received:
AUG-H-2009
PI:: III ION/Pt: I I I ION SIGNATURE SHEET
Annexation by Individuals
[SDC 5.7-125(2)(b)(i)jORS 222.170(1)]
Original Submittal
We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent
annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Re..., "o,;on District, as deemed
necessary:
4.
E,^~e"e A.lIe'" C",.-?
S'\TLA-S
R~t"'irlor:1t;9 Address
(street, city, zip code)
3...00 t..:l;ld.i~'" ~
Fl,#'<?rJ'? .12R.. <1"74 oEt
J Sac" F"'""IoI;", G\ocl.
l- .:Io.._.e. c.o",,-,,^t"1 oR.
I No S\te: ^,C\d'\e'S5
V4c..o..~ + _
'1e,SI F"""'\..\\\A 13\0c'.
~f FnLUk.\:... ",,,,..I
Signature
11. (~11 I)), eLl,
Y-
3.
Date
Signed Print Name
mjd/y
~D9 ::i"'''''€!i A..L0ild;~(,. ,Pf'es
l.:l\\<I.;~\.. L",^^-o. Co.
,/
Map and Tax Lot Number Land Acres
(example: 17-04-03-00-00100) Owner (qty)
I 5.
Note: With the above signature(s), I am .ttesting that I have the authority to luli",,"'t t&" annexation on my own beha(1
authorization when applicable.)
.e,-o 3 -o"l.. -....0
,\..31..00..3300 ;.<..
.E;-03-01..-3Z- '"
TL 3Bt""v'""lo ,.....
1& -03 -01.. -1..0
,I- 300<> :'lIDO X.
,
~3lP<;j
,r on behalf of my firm or agency. (Attach ~bi'ti~n~~ of such
I '-;:l,,,,^c\c:d\ S. I-\\ec..', K
,
c;(J-&~
(printed name of circulator), hereby certify thaL "",-, t "c;,,,,,,, who signed this sheet did so in my pr""""...,".
(signature of circulator)
-
Cc.........iCATION OF OWNERSHIP
The total landowners in the proposed anne......:~.. are '2.- (qty). This petition reflects that 1.. (qty) landowners (or legal, "-r" <-,,<.ntatives)
listed on this petition ,,,-,,.,<-c,ent a total of 100 (%) of the landowners and fOe> (%) of the acres as determined by the map and tax lots attached
to the petition. A&T is not resp"".JI/.,;e for subsequent deed activity that may not yet be ,,,,I"-~L"-U' on the A&T computerized tax roll.
r:2L;U)~..A-{1:~
Lane County Department of Assessment and Taxation
-
PRE.SUBMITTAL REC'O
APR 1 4 2009
Cfl<lblrJAL5
1'-I.:r Q c;
Date Signed and Certified
'f'L.<=1l56.
5'lAI"'lP
I
DoNI
13 of 20
FORM 2
OWNERSHIP WORKSHEET
(This fOldl Is NOT the petition)
I
\..
Date Received:
AUG 1 4 2009
Originat-Sttbmittal
---
- -.....-..
(Please include the name and ao\., '","" of ALL owners regardless of whether they
signed an annexation petition or not.
I Assessed Imp. Signed Signed
Acres Value Y/N Yes No
I
:I....,q, B'\ q ,1 €,L Y X
1.2sl ~S. 402- N ~
I 1.07 ",~19 t-.\ X
I S ,bCJ ! 10; n9 ...b! X
I 0.\1 ~oG Y X
~"IOB '{ )(
OWNERS
" Property peSignation
(Map, .1.. I . ..oer)
18 -0,>- 02.,. 2.0
:!,"2.00
~--
Na[le of O'<'lwr
1.,l'.ld"5:\... ~ <:'0.
3s00
Ie, - 03 - 02. - '2. '2. W;\~'\s'" ~c\ Co.
3e>oo (\Q-Ol)
3 Pa') ~ 4- \<;)_
I B- 0 3. - 67..- '2...\1 E ....'Y~"'p A \\f,d~ Corp
30m
3\00
TOTALS: 0 ,",00
36,2.0 \ ,1.0{" ,'> I ,
1-' - TOTAL NUMBER OF OWJI.<.\\:' 1I~ THE PROPOSAL I-
f NUMBER OF bWNERS WHO SIGNED
PERLe," I AGE OF c5WNER~ WHO SIGNED
TOTAL A~~~AGE IN PROPOSAL
ACREAGE SIGNED FOR
PERCENTAG-E' OF ACREAG'E SIGNED FOR I
TOTAL VALUE-iN THE PROPOSAL
VAllJ~ CONSENTED FOR
PERC.ENTAGE OF VALU~ LONSENTED FOR
L
~
100
36.'-B
'2I6.z..B
100
\ I 'LO 4> L S'j 9
I I 'l.. Ole r S q 9
10.0
14 of 20
"1
Date Received:
FORM 3
AY6--t--L
SUPPLEMENTAL INFORMI-\ 11\.m FORM
Original SUbl'flittal
(Complete all the fol,,,,..,,,!,) questions and provide all the re<ju"'M!U information. Attach
any '~J,;u,,~~5 that require additional space, restating the ,,~,".I.,c.1 or request for
information on additional sheets.)
Contact Person: l<a."'-c\.~ I t H- \ ed ~ k
E-mail: __ ,'" ~ e d,\ \<., (Ci) <.0; \d ~ ~ '" , LO"" ,
Supply the following information regarding the a
. Estimated Population (at present): t>
. Number of Existing Residential Units: ~ _
. Other Uses: \.>r:.r;; ic...e /'S.tof"o..<j.e ( S~OV ~w lei: .......~S
. Land Area: :3 B . 2. B total acres
. Ed.:,/" Plan Designation(s): U~~\- ked,;""" IIAd\A.<;.-t-r~~
. ExistingZoning(s): L\~"'\- ker:\~lA.,^^ ~d~<;~;o.\
. Existing Land Use(s): Re",e(1 to \-Ie",,,:, ~~\>.~~~~IA t\m.~"'\If\G C'w-\e..;-
. Applicable Comprel."'''.>I.:e Plan(s): E:u..3,-e.lI'e-'\ '"" 'e \\ctfn ~pa't€.l.\-er(L\
. Applicable Refinement Plan(s): Glev\wood
. Provide evidence that the annexation is consistent with the applicable
comprehensive plan(s) and any associated refin'::oIk:"t plans. Hd"o (:>\<L\A '?o\~<.-'i
m:.- B- 2'5 ......:. t'Wf,>v..€ <M.A. C\.~~1'esS;~ llMlN'-<<<.\-iUl\, ~-(CU<A.:x.v-d se-rv k;,^~ot
l\;I:~I~~~_ i~\r~<<..\lo...v.~s ~~~.\-o ~p-su..~c.i~-\ ~J{A' ~ ~~e-
V(:\OI?~"\ ~' ICl.M..c\~t~.J~ "'eh~_'T ~ ; S....b~C\ ~ 10 .
. Are L. ,,-,, c developmel'lt plans associated with this proposed annexation?
Yes ___ No J
If yes, describe,
,..""tion arRRE-SUBMITTAl RECIO
APR 1 4 2009
. Is the proposed use or de, '}I.. "I'~nt allowed on the property under the current
-
plan designation and zoning?
Yes
No
N/A
. Please describe where the proposed ann"'Ad~,vn is contiguous to the city limits
(non-contiguous annexations cannot be approved under 5.7-140, Criteria).
Vic....,"'.\-\-,\ n.\. ~v-V.F+ l.u . Me-Va. '~,,>\Wo.,,\ ~v.. ~I-e..u.umd-
s.e_~Mc(\e.r\. o1A\...u ~t ,?\A~ \. \c '\;~ .~-d\ - wlBd . _
\ I Page 15 of 20
Does this application include all contiguous ".v",-.:y under the same OV,I ,c:. "ilip?
Yes
x
No
If no, ~(JLt:: the, c""e:.uo1S why all p, "fJ"" L'I is not included:
. Check the special districts and others that ".v' ,je service to the annexation
area:
o Pleasant Hill School District
o McKenzie Fire & Rescue
o WillC/IL\:./,....:<! RFPD
jX., SUB '.I
L,,"'" Co",-v\+j ,LAVle Co,,","''''''' ,~~
[8. Other ('o\\,,~e 4 l.t:<M<> Ec\..,.<t-l-.'O\o\ S'e(V\~
'"Di5~, c... ) ~\e.. wca\ U;f\'o..VI
R-eVl€"':>b..5l. 'tl b~ ~c..:t
Names of pul "JI ,s to whom staff notes and nOLl-.-"" should be sent, in addition to
18. Glenwood Water District
~
~
o Rainbow Water and Fire District
Eugene School District
Springfield School District
o Pleasant Hill RFPD
o
EPUD
l&l Willamalane Parks and Rec District
.
applicant(s), such as an agent or legal repre:;t::IILJl:ive.
I<a. ""cI d. \ \ \-\. \ec\', "-
(Name) (Name)
-
(Address) (Address)
(City) (Zip) (City) (Zip)
(Name) (Name)
-
(Address) (Address)
(City) (Zip) (City) (Zip)
Date Received:
AUG+HOO9
Original Submittal
Page 16 of 20
,
Date ReceiveCl:
Legal Description of the Wild ish Land Company portion
of the
Wild ish Glenwood Plant Site
AtJG-t-Ir201l!
~
Original Submittal
Beginning at a point on the easterly right of way of McVay Highway 30 feet easterly of, when
measured at right angles to, the centerline of McVay Highway, said point being SOUTH 1508.26
feet and North 89059'05" West 8.74 feet from the northwest comer of Section 2 in Township 18
South, Range 3 West of the Willamette Meridian, said point being the intersection of the easterly
right of way of McVay Highway and the north boundary of Parcel No.5 described in a Bargain
and Sale Deed recorded December 16, 1963 Reception No. 36777 Lane County Oregon Deed
Records; thence along the easterly right of way of McVay Highway South 6038'45" East 241.24
feet to a point opposite the angle point in the centerline of McVay Highway at engineer=s station
107+00; thence continuing along the easterly right of way of McVay Highway South 5041'45"
East 1300.25 feet to a point 30 feet easterly of and opposite engineer=s station 120+00 P.O.T;
thence North 84018'15" East 10.00 feet to a point 40 feet easterly of and opposite engineer=s
station 120+00 P.O.T.; thence South 5041'45" East 200.00 feet to a point 40 feet easterly of and
opposite engineer=s station 122+00 P.O.T.; thence North 84018'15" East 10.00 feet to a point 50
feet easterly of and opposite engineer=s station 122+00 P.O.T.; thence South 5041'45" East
200.00 feet to a point 50 feet easterly of and opposite engineer=s station 124+00 P.O.T.; thence
North 84018'15" East 10.00 feet to a point 60 feet easterly of and opposite engineer=s station
124+00 P.O.T; thence South 5041'45" East 89.50 feet to a point 60 feet easterly of and opposite
engineer=s station 124+89.50 P.c.; thence along the arc of a 776.20 foot radius curve right (the
chord of which bears South 5016'33" East 11.38 feet) a distance of 11.38 feet to a point 60 feet
easterly of and opposite engineer=s station 125+00 P.O.C.; thence North 85008'39" East 10.00
feet to a point 70 feet easterly of and opposite engineer=s station 125+00 P.O.c.; thence along
the arc ofa 786.20 foot radius curve right (the chord of which bears South 3035'57" West 231.19
feet to a point 70 feet easterly of and opposite engineer=s station 127+]].4 P.T.; thence South
]2003'15" West 140.66 feet to a point marking the intersection of the easterly right of way of
McVay Highway and the easterly right of way of the Union Pacific Railroad, said point being 30
feet from; when measured at right angles to the centerline of the Union Pacific Rai]road; thence
leaving the easterly right of way of the McVay Highway and running along the easterly right of
way of the Union Pacific Rai]road along the arc of a 985.04 foot radius curve right (the chord of
which bears South 9032'23" East 255.72 feet) a distance of 256.44 feet; thence leaving the
easterly right of way of the Union Pacific Railroad and running South 73015'42" East 139 feet
more or less to a point on the low water mark of the left bank of the Willamette River; thence in
a northeasterly direction downstream along the low water mark of the Willamette River 2745 feet
more or less to a point which bears South 89059'05" East from the point of beginning; thence
North 89059'05" West 922 feet more or less to the point of beginning, all in Lane County Oregon.
Bearing used hereon are based on C.S.F. No. 13] 14 on file in the office of the Lane County
Surveyor.
,-----
Legal Description of the Eugene Allen Corporation portion
ofthe
Wild ish Glenwood Plant Site
II."",...'" ,,__ '- ,.'.':u: on the easterl) .:';:',t of way of McVay Highway 30 feet easterly of, when
measured at right angles to, the ""..:",1ine of McVay Highway, said point being SOUTH 1237.57
feet and North 89059'05" West 40.89 feet from the northwest corner of Section 2 in Township 18
South, Range 3 West of the Willarnette Meridian; thence along the easterly right of way of
McVay Highway along the arc ofa 1303.24 foot radius curve right (the chord of which bears
South 7031'15" East 39.80 feet) a distance of39.80 feet and South 6038'45" East 232.80 feet to a
point marking the i.:.,..~c,ction of the easterly right of way of McVay Hi~. .....) and the north
boundary of Parcel No.5 contained in a Bargain and Sale Deed recorded D.. -,c.:lt\;. 16, 1963
L'.,.,.,1Ihm No. 36777 Lane County Oregol'\ p,.,eC;p R...__.':", th~.."c, :'..... :..", said Easterly right of
way and running along the north boundary of said Parcel No.5 South 89059'05" East 922 feet
more or less to a point on the ordinary low" '." ,. ",'. on the left bank of the Willarnette River;
thence do .. ..~_ "".J. in " uc,'.':. .. ,..sterly 4)Is:ct\QJl along the ordinary low . _AI". mark of the left
bank of the Willarnette River 308 feet IlK'.''''.! less to a point marking the '__"",.J.',..1 of the low
..,'~" mark of the left bank of the Willarnette River and the easterly project of the south
be.. I~\';! of that ., ,,:. tract ofland described in a memorandum ofland sale".A",,,.1 .I..I..I..illed
October 1, 1976 Recep. No. 7651457 Lane County Oregon Deed Records; thence leaving the low
water mark of the left bank of the Willarnette Meridian and running along the south b.,.,.,.."., of
said last d..~,..::..c'.J tract and its easterly p .~~)._'Jn North 89059'05" West 262 feet more or less to
a point referenced by a 5/8" iron rod with a red plastic I..D. cap stamped APoage Eng. Ref.
Corner@ which bears South 89059'05" East 1.00 feet; thence North 00010'49" East 69.21 feet;
thence North 89059'05" West 50.02 feet; thence South 00010'49" West 69.21 feet to a point
[',".. ....wl by a 5/8 inch iron rod with a yellow plastic J.D. cap ..,.,.,,.) AP.L.S. No. 655"; thence
North 89059'05" West 494.37 feet to the point on",,; ..... ,'" all in Lane County Oregon.
E''''''':''6 _~"j L. ".. are based on C.S.F. No. 13114 on file in the office of the Lane County
r
u....... ~I.;..J'.......
Date Received:
AUG 1 4 2009
Original submittal
FORM 4
Date Received:
AtlG 1 4 2009
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173 Original Submittal
This waiver of the time limit is for the following described f" v,",,,,-ty:
16- 03-02.-'2..0 3"l.oo Scot Fr"",..lI,'Y1 Blvd
- -
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
ONE WAIVER OF TIME Lllvlll FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above unLe, ~Ldnd 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 Revised Statutes 222.173, and
further agree that this contract shall be effective IXI indefinitely or [ ] until
Date
Signatures ~r ~wa_1 OWl1ers '_'__ .
Please 8rint or .EYQ,e ,name Si nature
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L.ur Silved: FebnJdry 26, 2009
Page 17 of 20
Oate Received:
WAIVER OF ONE YEARlllvlt: LIMIT AUG 1 ~ 21lO9
FOR ANNEXATION PURSUANT TO ORS 222.173 .tt I
original subml a
FORM 4
This waiver of the time limit is for the following described property:
~- o'} ~ 07.. - 2.0 3360
Map and Tax Lot Number Street Address of Property (if address has been
as11~I..:.J)
ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the prGI-'~\ cy Jt="u ibed above understand the
annexation process can take Ifll..,]"t: 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 O",It::X established by Oregon Revised Statutes 222.173, and
further agree that this contract shall be effective /Xi indefinitely or [ ] until
Date
~natu;es.(.)f Ji!Qp) Owners
Please print or lvoe name
_I Signature
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LastSewed: Feb/llo'lry26, 2009
Page 17 of 20
Date Received:
FORM 4
AUG 1 4 2009
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173
Original Submittal
This waiver of the time limit is for the following described fJl vf"d\.y:
18-o~ -02-;'>'2.. :3€>CO
-"-- ---.
Map and Tax Lot Number
assigned)
-
Street Address of Prof''''' 'y (if address has been
ONE WAIVER OF TIME LIMIT 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 Revised Statutes 222.173, and
further agree that this contract shall be effective IXI indefinitely or [ ] until
Date
Signatllres gf Leqal Owners _
Please prrn.,~ or tVDe name S}qf\iltp.re.
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Last SiWed: Ft!broilry 26, 2009
Page 17 of 20
FORM 4
Date Received:
WAIVER OF ONE YEAR TIME LIMIT AIIG 1 4 2009
FOR ANNEXATION PURSUANT TO ORS 222.173
-ertginat'Subr lIill~1
This waiver of the time limit is for the following described property:
16-03-02. -zo 3coo 4-~SI f~a."'\<.\\V\ B\"d. _
Map and Tax Lot Number StreetAddress of Property (if address has been
assigned)
ONE WAIVER OF TIME LIMIT FOR EACH PA ~CEL, PLEASE
We, the owner(s) of the property described ~bove understand the
annexation process can take more than one year but desire to annex to have
City services. The,I:,,\"re, we agree to waive the one-year time limitation on
this petition to annex e"Ldulished by Oregon Revised Statutes 222.173, and
further agree that this contract shall be effective IXI indefinitely or [ ] until
Date
Signatures of LegpJ QW!lers _
I Please prjnt or tyoe name ) Siqnature
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LJst 5.JvN: Feb/Wry 26. 2009
Page 17 of 20
FORM 4
Date Received:
AUG I noOS
WAIVER OF ONE YEAR TIME LIMIT
FOR ANNEXATION PURSUANT TO ORS 222.173 Original Submittal
This waiver of the time limit is for the following described property:
\'(,-03 -0'2.-'2.0 3\00 4851 Fi'll.-"'\..'\v\ ~\v4
--._--.---
Map and Tax Lot Number Street Address of Property (if address has been
assigned)
ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE
We, the owner(s) of the property described above undt;'''Ldllu the
aliI fellation 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 dllllex established by Oregon Revised Statutes 222.173, and
further agree that this contract shall be effective M indefinitely or [ ] until
Date
Si ~nWn~s of Legp) OVVI Ii::I "
Pleaserl~t\lr tvoll rJ.a~~~__
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L1st 5Jved: February 26, 2009
Page 17 of 20
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After Recording Return to:
City of Springfield
Public Works Department
.225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Place Bar Code Sticker Here:
Date Received:
AUG 1 4 2009
Original Submittal
"
ANNEXATION AGREEMENT
"
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Wildish Land Co. anq Eugene Allen' Corp. .
("APPLICANT"). .
RECITALS
A. APPLICANT owns the parcel(s) 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 Cityof~pringfield following minor boundary ,
change processes.
B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated January
31,2008, for Assessor's Map No. 18030220 Tax Lots 3000, 3100, 3200, 3300 & Map No.
18030232 Tax Lot 3800.
I
C. APPLICANT wishes to annex the Property to the City and seeks'support from the City for the
annexation. I,
D. The Property is currently designated as Light Medium Industrial (LMI) on'the Metro Plan and
is zoned LMI with Urbanizable Fringe Overlay CUF-lO) according to the Springfield Zoning
Map.
"
E. Annexation of the Property requires a showing'under SDC 5.7-125 that the Property can be
provided with the minimum level of key urban facilities aiJd services as defined 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 staff has determined the minimum level
of key urban services is currently available to the Property' with the exception of public
wastewater service, public stormwatermanagement service, street connectiyity to adjoining
. property, and Fire and Life Safety services thatJully meet:City Standards. Applicant's
adherence to the requirements of this Agreement will result in the property being provided with
the minimum level of key urban facilities and services for those uses authorized by the current
zone. However, in the absence of a development proposal~ City cannot represent when the
orderly and efficient delivery of service might occur or whether or not the timing of availability
of each service will be consistent with the requirements of any future development propbsal.
With reference to the provision of water and electricity, the City will rely upon Springfield
Utility Board to indicate the availability of such services. ',: ,
F. Thepurpose 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
ANNEXA nON AGREEMENT - Page 1 of 12
"
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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 wastewater, 'stormwater
management systems, interconnected transportation systems, and Fire and Life Safety services
necessary for an affirmative City recommendation for the annexation request.
G, A public wastewater 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.
o' The Property is currently provided public wastewater service by an 8-inch diameter line
located near the westerly boundary of the Property near the iritersection of Nugget Way and
McVay Highway, This line, constructed in 1999, flows west in Nugget Way, then north
into the Nugget Way Lift Station at the comer of Nugget Way and East 19th A venue. A 6-
inch pressure line then extends from the lift station within East 19th Avenue, Henderson
A venue, and East 17th Avenue to a gravity main in Olenwood Boulevard. The public sewer
system described in this recital is hereinafter referred to as the "Nugget Way Sewer", '
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Pursuant to the City's recently adopted Wastewater Master Plan prepared by CH2MHill in
2008 and recent City improvements and testing to reduce infiltration and inflow into the
Nugget Way Sewer, sufficient capacity exists to serve the Property under the Current
Zoning.
o The Nugget Way Lift Station was designed to accommodate a peak flow of up to 672
gallons per minute (OPM) from sources located on the Property, as well as from sources
with property frontage along Nugget Way and Newman Street. Recent drawdown tests
, performed by Metropolitan Wastewater Manage~ent Commission (MWMC) staff show the
firm capacity of the lift station to be 642 OPM. Development by APPLICANT or other
parties adjacent to the Nugget Way Wastewater System that causes flows to exceed the 642
OPM maximum firm capacity in the Nugget Way Wastewater System would require
additional wastewater sewer service.
o The Nugget Way Lift Station was sized to accept sewer flows from a basin of
approximately 85 acres, ofwIllch the subject Property comprises approximately 40 acres,
The proportionate flow share from the APPLICANT's 40 acres is 300 OPM, based upon the
firm capaCity of the lift station, Development by APPLICANT that causes flows to exceed
the designed 300 OPM from the property would require additional wastewater sewer
. '
service.
H. A stormwater management 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~ervice is available to serve the Property.
o . A public stormwater management system with sufficient capacity to accommodate adjacent
roadway storm water runoff will be necessary to support a finding by the City thatthis ke:y
urban service is available to serve the Property.
o It is presently unknown whether fu!llfe development of the properties located in catchments
three and five of the City's approved Stormwater Master FaCilities Plan as approved on
ANNEXATION AOREEMENT - Page 2 of 12
Date Received:
AUG 1 4 2009
, l
October 20, 2008, will require tr~atment aIld convey~ce of stormwateflrmiilit6~MR,~tCl'
across the Property. . ji . .
o Section 1.4 including subsections 1.4.1 through 1.4. 7 implement this Recital.
. '
....... ' ': .
I. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is 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.
.. The:Propertyis bounded to the West by McVay Highway, currently owned and operated by
the Oregon Department of Transportation (ODOT). McVay Highway is an unimproved
two lane striped asphalt mat street with a center turning lane along a portion of the
APPLICANT's Property frontage. McVay Highway is. not improved to full Urban
Standards. "
. Nugget Way intersects McVay H,ighway on the west side of McVay near the northern
portion of the APPLICANT's Property frQntage. Nugget Way is classified by Lane County
as Local Access Road (LAR) and is under County Jurisdiction, and contains curb, gutter, a
limited drainage system and a limited number of street lights. Nugget Way is not improved
to full Urban Standards. There is no public maintenance by City or Lane County of Nugget
Way...J '
J: The minimum urban level offire and life safety services necessary to fully meet City standards
may be currently available to the Property. The provision of additional services may be
necessary for uses that require improved response times or other Fire and Life Safety services
or equipmellt to ensure City standards are met; Additional services may also be required in the
event a development is proposed for the property which impacts road capacity and adversely
effects response times.
K. Portions of the Property are located within the floodplain and floodway of the Willamette
River, as depicted on the Flood Insurance Rate Maps (FIRMs) issued by the National Flood
Insurance Program (NFIP). The APPLICANT has submitted to the Federal Emergency
Management Agency (FEMA); with City and Lane County concurrence, a proposed Letter of
Map Revision (LOMR) to the current FIRMs. These map's have been-reviewed by FEMA and
t .
result in changes to the floodplain and floodway iri the area of the proposed annexation. The .
new FIRMs will become effective July 27, 2009.
1. In order to facilitate orderly development oft!1~ Property and ensure the full provision of key
urban services that are satisfactory to the City and meet~e City's conditions for an affirmative
recommendation for annexation to the Common Council, and in exchange for the obligations of
the City set forth below, APPLICANT shall comply with all requirements imposed on
APPLICANT in this Agreement. ' .. ." . . '. '
. M. With respect to BOLl wages, the parties understand that Applicantmay construct infrastructure
, with its own resources and funding that may, ultimately, be turned over to the public. In such
event, current BOLl interpretation would appear to exempt such construction from BOLl
prevailing wage requirements. This document is written ip light of current BOLl interpretation.
In the event such interpreta~ion w~re to .change, Applicant .shall defend, indemnifY and hold
:'
ANNEXATJONAGREEMENT -Page 3 of12
...... . .
harmless City from all claims, causes of action, attorney fees, wage claims and costs arising out
of any change in such interpretation.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows: Date Received:
AUG 1 4 2009
, AGREEMENT
Original submittal
I. ObliQations of APPLICANT. Consistent with the above Recitals and subject to the issuance of Site
Plan and Public Improvement Plan approvals, APPLICANT shall perform the requirements and
obligations set forth in this section.
1.1.. Apply for, and obtain, Tentative Site Plan approval, pursuant to the applicable Springfield
Development Code Sections. This Paragraph is subject to the requirements of Section 8,
below.
1.2. Apply for, and obtain, Final Site Plan approval, pursuant to the applicable Springfield
Development Code Sections in effect at the time development is proposed. This Paragraph is
subject to the requirements of Section 8, below.
1.3. Secure City Engineer approval of any necessary Public Improvement Plans, Final Inspection,
submittal and approval of any necessary As-built Plans and Acceptance by the Common
Council prior to Occupancy. Approval for any new structure on the Property is contingent
upon development of on-site and off-site public wastewater conveyance systems to provide
wastewater service to the development as follows:
1.3.1. In the event development on the Property exceeds the planned sewer flow of300 GPM,
the APPLICANT must develop additional on-site and/or off-site public wastewater
conveyance systems to provide wastewater service to.the Property.
1.3.2. Ifcapacity of the Nugget Way Sewer.cannot be increased to accommodate additional
flow, APPLICANT shall participate in the construction of a new trunk sewer line
('Trunk Sewer") by paying to City a portion of the estimated cost to construct the
Trunk Sewer; the amount shall be proportional to the APPLICANT'S use relative to the
design capaci~ of the Trunk Sewer.
1.3.3. In furtherance ofthe requirements set forth in this paragraph 1.7, APPLICANT shall
fund the purchase and installation, in an amount not to exceed $IO,OOO,ata location
specified by the City Engineer, of an approved flow meter to monitor wastewater flows
in the Nugget Way Sewer. The City wilI-accept ownership and maintenance
responsibility of said flow meter.
ANNEXATION AGREEMENT - Page 4 of 12
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Date Received:
, ,...F~
'.
AUG 1 4 20.09
1.3A.
APPLICANT shall bear the full.cost and obligation to design, co@l1!gill~landbmittab;n
until accepted by City the onsite proposed wastewater system that connects to the
existing public system, including but not limited to associated easements, engineering
,
costs, permit applications and fees, legal costs, cOl1structionand inspection costs, and
the preparation of As-built Plans.
" .
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1.3.5.. Concurrent with,approval of any application for the initial discretionary development or
land division for any portion ofthe Property, APPLICANT will provide financial
security acceptable to the City for all costs associ~ted with the abo,ve described
(Section 1.3 et seq.) wastewater system constructi9n. APPLICANT is directed to
Paragraph 13 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. The cost of all publicly funded publIc improvements 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.
. I A Secure City Engineer approval of any necessary Public IJ,nprovement Plans, Final Inspection,
submittal and approval of any necessary As-built Plans and Acceptance by the Common
Council prior to Occupancy. Approval for any new structure on the Property is contingent
upon development of on-site and off-site stormwater maAagement systems to provide drainage
, service to the. development as follows:
1.4.1. APPLICANT sh~llbe ~equired to provide and be financially responsible for provision
and construction of a stormwater management system to serve the Property and its
related public improvements.
1 A.2 APPLICANT.shall prepare the studies, plans, pefJ1lit applications, and other supporting
documentation necessary to obtain the permits and other approvals necessary to
construct the stormwater management systems deiicribed in Paragraph 1 A.l, above.
I A.3 . APPLICANT will develop the Property in accordance with stormwater quality
measures in effect at the time of development application submittal to detain, retain, and
infiltrate runoff. The standards for stormwaterqu~lity management shall be those set
forth in the City's Engineering Design ()tandards imdProcedures manual ("Manual"),
as said Manual may be amended over titp.e. Particular attention shall be paid to
mitigating impacts from pollutants .for which Total Maximum Daily Load (TMDL)
standards set forth in the Manual have been, or will be, established by the State of
Oregon.
1.4.4 Except as may be specified <;Ir required by Section:,l.6.5, APPLICANT may' develop all
or part of the stormwater management system pursuant to this Section 1.4 within the
"Riparian Corridor as described in Section i.5 below.
. II
1.4.5 APPLICANT shall bear the full cost and obligation to design, construct, and maintain
until accepted by City the proposed stormwater m:magement system that connects to the
existing public systems, including, but not limited"to, a~sociated easements, ~ngineering
. ANNEXA nON AGREEMENT - Page 5 of 12
o~te R~ceived:
AUG , 4 2009
r "..,
'U \costs..pem1it applications and fees, legal costs, construction and inspection costs, and
Original subrl1l a. the prep~ation of any necessary As-built Plans.
1.4.6 Concurrent with approval of any application for the initial discretionary development or
land division for any portion of the Property, APPLICANT will provide financial
security acceptable to the City for all costs associated with the public stormwater
management'system construction. APPLICANT is directed to Paragraph 13 of this
Agreeinent concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLI) and the payment of prevailing rate of wage. The cost of
all publicly funded public improvements 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.
1.4.7 APPLICANT agrees that it will cooperate with the City in determining the most
efficient and appropriate way of treating and conveying stormwater from properties
located in catchments three and five of the City's approved Stormwater Master
Facilities Plan as approved on October 20, 2008. To the extent that a public storm water
system is required to treat and convey storinwater on, through or across the property,
City shall first work with APPLICANT to determine if existing easements on the
property may be utilized for such treatment and conveyance. In the event existing
easements on the property are insufficient for treating and conveying storm water, City
may condition a development application as set forth in Section lOB. Further, nothing
herein shall be construed as a limitation upon the City's right of eminent domain.
1.5 As a component of each development application for the Property, APPLICANT shall be
required to reserve sufficient lands along the frontage of the Property with the Willamette '
River to provide a riparian corridor. The area ofthe Property reserved for this riparian
. corridor shall be as specified in the Springfield Development Code Section applicable at the
time development is proposed. APPLICANT may also propose using this corridor to meet or
partially meet requirements of the Willamette River Greenway setback and provisions of the
Clean Water Act as required in the Springfield Development Code Section applicable at the
time development is proposed. Though the City cannot provide any guarantee that the City's
approvals will be granted, the City will process such proposals in accordance with City
standards and..procedures. '
1.6 Secure City Engineer approval of any neces~ary Public Improvement Plans, Final Inspection,
submittal and approval of any necessary As-built Plans and Acceptance by the Common
Council prior to Occupancy. Approval for any new structure on the Property is contingent
upon development of on-site and off-site public street systems to provide interconnected
transportation service to the development as follows:
1.6.1 APPLlCANTshall be responsible for frontage and public transportation
improvements for that portion of the annexation site abutting McVay Highway from
the annexing Pw!,<..~y's northern property line southward to the base of the bridge
where McVay Highway begins to cross over the existing rail line.
1.6.2 Roadway improvements shall be subject to transportation infrastructure plan policies,
development and building code criteria, design and construction standards, City
ANNEXATION AGREEMENT -Page 6 of.12
. ,
Date Received:
AUG 1 4 2009
, ,
intersection control specifications, and. associated fees in effect at (h.e time of . '-..
d I 'f' . th d h" , . ,':Jngmal Submittal
. eve opment. r OOOT IS e roaaut onty at !Ime transportatJon.mpro,,:emenb die
made, then OOOT construction standards and permitting requirements shall also be
met.
1.6.3 The anilexing property will be accessed from no, more than two points: one at the
, . .
intersection of McVay Highway and Nugget Way, and one at the southern end of the
1 , '
property as determined by the City Engineer during site development. rfOOOT is the
rbad authority at the time improvements are made, then access points are also subject
to OOOT access permitting requirements and approvals.
1.6.4 APPLICANT is responsible for one ha!fthe cos! of intersection control, as specified
by the applicable road authorities, at the McVaY'HighwaylNugget Way intersection.
APPLICANT is responsible for the full cost of improvements at the property's
'. southern access location. In the event that additional right of way is needed for the
intersection improvements to the McVaylNugget intersection and the future southern
access point, that right of way will be provided by the APPLICANT at no cost to the
public.
1.6.5 Upon annexation, APPLICANT shall dedicate a 20-foot wide public easement along
the Willamette River riverfront within the 75 foot riparian setback sufficient for that
portion of the Glenwood Riverfront Path required and depicted on the annexing
property in the Glenwood Refinement Plan, the WiIlamalane Comprehensive Plan and
TransPlan. It is the City's intent to acquire the right of way for the Glenwood
Riverfront Path from the Applicant and otherp[(}perty owners abutting the river at
time of annexations. The Applicant will not be required' to pay, for the construction of
. . ,.
the bike path on the Glenwood Riverfront Path. It is the City's intent to locate the path
as close .to the river a~ is feasible, consistent wi* topography and requirements of the
Clean Water Act and other land use and environmental restrictions and requirements
so as not to' unduly impede APPLICANT's ability to use the land within the riparian
setback for' uses permitted therein. ~ .
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1.6.6 APPLICANT shall provide future right of way to the public, at no cost, for the
installation. of a public transit stop to the east of the existing right of way should a
transit stop be located along the frontage ofthe 3nnexed property.
1.6.7 ' APPLICANT shall prepare the stu\lies, plans, permit applications, and other
supporting do'cumentation necessary to obtain th~ permits and other approvals to
construct the transportation systems required at the time of development.
, 1,6.8 APPLICANT shall bear the full cost anq obligation to design, construct and maintain
until accepted by the City the transportation systyms required at the time of .
,development, including but not limited to associ~ted right-of-way, easements,
. j~
ANNEXATION AGREEMENT -Page 7 of 12
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Da~e Received:
AUG , 4 2009.. . I"' d fi I al "d
' ; " ,', " eIigmeenng costs, permIt app IcatlOns an ees, eg costs, constructIOn an .
b'm' ',ttal insppl'tien costs, and the preparation of Ascbuilt plans.
"aISu
1.6.9 Concurrent with approval of any application for the discretionary development or land
division for any portion of the Property, APPLICANT will provide financial security
acceptable to the City for all costs as~ociated with the above transportation system
construction. APPLICANT is directed to Section 13 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and Industri(~s
(BOLI) and the payment of prevailing rate of wage. The cost of all publicly funded
. public improvements 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. '
1.7 Provide aIid be financially responsible for the provision of any additional urban facilities and
services identified during the review and approval of the Tentative Site Plan and/or the Public
Improvement Plans as necessary to serve the development of the Property, including the
. construction and maintenance thereof. .
1.8 In determining APPLICANT's share of costs for the improvements described in this
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 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. Oblil!ations of Citv. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Common Council and
support APPLICANT's defense of any appeal of a decision to the City. However, the City
will not assurrie any financial responsibility to provide legal counsel on appeal.
2.2 Conduct the timely review and decision "making of the Tentative Site Plan, Final Site Plan,
and any necessary Public Improvement Plan applications in accordance with City procedures
for the development of the Property.
2.3 Work cooperatively with the City's urban renewal agency ("SEDA"), to foster and provide
support, including financial support, through the adopted Glenwood Urban Renewal Plan for
public infrastructure and activities enhancing the development and redevelopment of
Glenwood property near and along McVay Highway.
2.4 For costs associated with off-site public improvements, City shall, in accordance with
applicable Springfield Municipal Code requirements, credit APPLICANT for Systems .
Development Charges.
2.5 In the event City requires a public improvement to be overbuilt for public use by other than
the Owner of the property and provides public funds to assist with such overbuilding, City
shall reimburse Applicant its increased costs associated with such overbuilding (e.g., if
oversizing increases the widthofa pipe from 8""to 12"; or the City requires an otherwise
larger, different or additional facility, City shall be responsible for the differential cost of that
ANNEXATION AGREEMENT - Page 8 of 12
Date Received:
AUG 1 4 2009
project, if any, including any difference between non-BOLI prevailing1W/!g~~a'
. .. . u
applicable BOLUprevailing wage'rates that Applicant rimy incur as a result of such
overbuilding requirement. In the case of the oversizing,'example describ~d above, City would
be responsible for the difference between the cost of a 12" pipe installed at prevailing wages
rates and the cost of and 8" pipe installed at rates appli~able if the pipe installation were not
subject to prevailing rate requirements.)
3. The requirements of Section I are base requirements in ordef to secure annexation approval. In the
'event that the Comprehensive plan designation for the property and zoning on the property is
changed prior to submission of any development appficationfor the property, then City will, in
addition to the requirements of Section I, apply the development standards in effect at the time of
such application(s) for the purpose of requiring public street improvements (See Section I DB).
,
'4. 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 the
Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of
the parties hereto, and shall be construed to be a benefiUo aI\d burden upon the Property. This
.Agreement shall be recorded, at APPLICANT's expense, upon its execution in !,he Lane County
Deeds and Records. This Agreement may be assigned by APPLICANT and shall continue to apply
to any assigns or successors in interest to APPLICANT. Execution of this Agreement is a
precondition to the support of the City for annexation ofthe Property described in Exhibit A to the
City. Accordingly, the City retains all rights for enforcement of this Agreement.
5. Limitations on the Develooment. No portion of the Property:'shall be developed prior to the,
approval of a Tentative Site Plan and' any necessary Public Improvement Plans for the wastewater
system, stormwater management system, and transportation'system for the proposed development.
6. ' Mutual Cool'eration. City and APPLICANT shall endeavor to mutually cooperate with each other
in implementing the various matters contained herein.
7. Waiver of Ri!.!ht 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 inequit~ble or
,operate unfairly upon the Property. APPLICANT waives anx 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. I
8. Modification of A!.!reement. This Agreement may only'be modified in writing ~igned by both
parties. Any modifications to this Agreement shall require th~ approval of the Springfield
Common Council. This Agreement shall not be modified such that the minimum level of key
urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.n,C-4 and as required
herein are not provided in a timely manner to the Property.
9.. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
. .springfield Development Code or Springfield Municipal Cod~ which may be applicable to the use
and development of this Property. Nothing herein: shall be construed as City providing or agreeing
"
"
.ANNEXATION AGREEMENT - Page 9 of 12
to provide approval of any building, land use, or other development application or Land and
Drainage A]teration Program (LDAP) permit application submitted by APPLICANT.
APPLICANT is responsible for obtaining, at APPLICANT's expense, a1] State and/or Federal
permits and aily oth'er approvals as may be required.
10. A) Do]an, APPLICANT knows and understands its rights under Dolan v, City of Tillard (5]2
U.S._I]4 S. Ct. 2309, 1994) and by entering into this Agreement hereby agrees that the
obligations of APPLICANT, for payments, financial 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 LMI development and to ihe impacts of the development of the
Property. APPLICANT waives any cause of action it may have pursuant to Do]an v. Citv of
Tillard and cases interpreting the]egal effect of Dolan arising out of the annexation of the property
as currently designated LMI on the Metro Plan and as zoned ZMI (UF-IO) on the Springfield
Zoning map.
B) In the event development applications are submitted after any change in the comprehensive plan
designation and zoning on the property occurred (from LMI to another designation and zoning),
then the' roughly proportional principles of Dolan shall apply to any requirements for public
improvements, which are conditions imposed by the City in excess of the requirements in Section
1.
11. Ballot Measure 37. APPLICANTknows 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,
12. Invaliditv. If any provision of this Agreement shall be deemed .unenforceab]e 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.
13. BOLIIPrevai]inll Walle Rate, The APPLICANT will require, as a condition of any publicly
funded contract for construction of the public improvements'described in Sections 1.3, lA, and 1.5,
that the specifications for such contract shal] contain a provision:
A. complying with the provisions ofORS 279C830, with respect to the payment of the
, prevailing rate of wage;
B, requiring that each and every contractor or subcontractor shall file 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 ORS279C800 - 870, withrespect to such PROJECT.
Date ReCI:'lived:
AUG 1 4 2009
ANNEXATION AGREEMENT - Page 10 of ]2,
Original submittal
q
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.
DATED this
day of August, 2009.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written. .
APPLICANT
,OWNER
I'
II,
r.OWNER
, OWNER
; OWNER
OWNER
STATE OF OREGON )
)SS.
COUNTY OF LANE )
BE IT REMEMBERED that on this day of August, 2009 before me, the undersigned, a
notary public in and for said County and State, persOnally appeared the within named
whose iden~ity was proved to me on the basis of
satisfactory evidence and who executed the within instrument and acknowledged to me that
executed the: same freely and voluntarily.
:1
. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed illy official seal the day and
year last above written. '
NOTARY PUBLIC FOR OREGON
Date Received:
AUG 1 4 2009
MY COMMISSION EXPIRES'
Original submitt<ll
ANNEXATION AGREEMENT~Page 11 of'l2
CITY OF SPRINGFIELD'
By:
Gino Grimaldi, City Manager
STATE OF OREGON )
) SS.
COUNTY OF LANE )
BE IT REMEMBERED that on this day of . 2009 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within nan1ed
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 lmd
year last above written.
NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIRES
,Date Received:
AU6 I 4 2009
Original Submittal
ANNEXATION AGREEMENT -Page 12 of12
Legal Description of the Wildish Land ,Company portion
. of the ,
Wildish Glenwood Plant Site
Beginning at a point on the easterly right of way of McVay Highway30' feet easteriy of, when
measured at right angles to, the centerline of McVay Highway, said point being SOUTH 1508.26
feet and North 89'59'05" West 8.74 feet from the northwest corner of Section 2 in Township 18
South, Range 3 West of the Willamette Meridian, said point' being the intersection of the easterly
right of way of McVay Highway and the north boundary of Parcel No.5 described in a Bargain
and Sale Deed recorded December 16, 1963 Reception No. 36777 Lane County Oregon Deed
Records; tl),ence along the easierly right of way of McVay Highway South 6'38'45" East 241.24
feet to a point opposite the angle point in the centerline of McVay Highway at engineer's station
107+QO; thence continuing along the easterly right of way of McVay Highway South 5"41'45"
East 1300.25 feet to a point 30 feet easterly of and opposite ~ngineer's station 120+00 P.O.T;
thence North 84' 18'15" East 10.00 Jeet to a point 40 feet easterly of and opposite engineer's
station 120+00 P.O.T.; thence South 5'41 '45" East 200,00 f~et to a point 40 feet easterly of and
opposite engineer's station 122+00 P.O.T.; thence North 84'18'15" East 10.00 feet to a point 50
feet easterly of and opposite engineer's station 122+00 P.O:t.; thence South 5'41 '45" East
200.00 feet to a point 50 feet easterly of and oppositeengine!lr's station 124+00 P.O.T.; thence
North 84'18'15" East 10.00 feet to a point 60 feet easterly of,and opposite engineer's station
124+00 P.O.T; thence South 5'41 '45" East 89.50 feet to a point 60 feet easterly of and opposite
engineer's station 124+89.50 P.C.; thence along the arc ofa 776.20 foot radius curve right (the
chord of which bears South 5"16'33" East 11.38 feet) a distance of 11.38 feet to a point 60 feet
easterly of and opposite engineer's station 125+00 P.O.c.; thence North 85"08'39" East 10.00
feet to a point 70 feet easterly of and opposite engineer's station 125+00 P.O.c.; thence along the
arc ofa 786.20 foot radius curve right (the chord.ofwhich bears South 3'35'57" West 231.19 feet
to a point 70 feet easterly of and opposite engineer's station 127+11.4 P.T.; thence South
12'03'15" West 140.66 feet to a point marking the intersection of the easterly right of way of
Mc V ay.Highway and the easterly right of way of the Union Pacific Railroad, said point being 30
feet from; when measured at right angles to the centerline ofthe Union Pacific Railroad; thence
leaving the easterly right of way of the McVay Highway and: running along the easterly right of
way of the Union Pacific Railroad along the arc ofa 985.04 foot radius curve right (the chord of
which bears South 9'32'23" East 255.72 feetYa distance' of 256.44 feet; thence leaving the
easterly right of way of the Union Pacific Railroad and running South 73'15'42" East 139 feet
morc or less to a point on the low water mark of the left bank of the Willamette River; thence in
a northeasterlydirection downstream along the low water mark of the Willamette River 2745
feet more or less to a point which bears South 89'59'05" East fromJhe point of beginning; thence
North 89'59'05" West 922 feet more or less to' the'point of beginning, all in Lane County
Oregon.
Bearing used hereon are based on C.S.F. No. 13114 on file iJ the office of the Lane County
Surveyor.
Date Received:
AUG 1 4 2009
~t
Original Submittal
I
Legal Description ortbe Eugene Allen Corporation portion
ortbe '
Wildisb Glenwood PlanfSite
,
Beginning at a pointon the easterly right of way of McVay Highway 30 feet easterly of, when
measured at right angles to, the centerline of McVay Highway, said point being SOUTH 1237.57
feet and North 89059'05" West 40.89 feet from the northwe~t comer of Section 2 in Township 18
South, Range 3 West of the Willamette Meridian; thence along the easterly right of way of
McVay Highway along the arc ofa 1303.24 foot radius curve right (the chord of which bears
South T31 '15" East,39.80 feet) a distance of39.80 feet and South 6038'45" East 232.80 feet to a
point marking the intersection of the easterly right of way of McVay Highway and the north
boundary of Parcel No.5 contained in a Bargain and Sale Deed recorded December 16, 1963
Reception No. 36777 Lane County Oregon Deed Records; thence leaving said Easterly right of
way and running along the north boundary of said Parcel No,. 5 South 89059'05" East 922 feet
more or less to a point on the ordinary low water mark on the left bank of the Willamette River;
thence downstream in a northwesterly direction along the ordinary low water mark of the left
bank of the Willamette River 308 feet more or less to a point marking the intersection of the low
water mark of the left bank of the Wiilamette River and the easterly project of,the south
boundary of that certain tract ofland described in a memorandum ofland sale..contract recorded
October 1,1976 Recep. No. 7651457 Lane County Oregon Deed Records; thence leaving the
low watermark of the left bank of the Willamette Meridian and running along the south
boundary of said last described tract and its easterly projection North 89059'05" West 262 feet
more or less to a point referenced by a 5/8" iron rod with a red plastic 1..D. cap stamped "Poage
Eng. Ref. Comer" which bears South 89059'05" East 1.00 feet; thence North 00010'49" East
69.21 feet; thence North 89059'05" West 50.02 feet; thence South 00010'49" West69.21 feet to a
point referenced by a 5/8 inch iron rod with a yellow plastic 1.D. cap stamped "P.L.S. No. 655";
thence North 89059'05" West 494.37 feet to the point of beginning, all in Lane, County Oregon.
"
Bearing used hereon are based on C.S.F. No. 13114 on file il,l the office ofthe Lane County
, Surveyor.
,
. ~
Date Received:
AUG 14 2009
Original Submittal
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Date Received:
AUG 1 4 2009
Original Submittal
BOARD
WATER DISTRIBUTION MAP
f:;;-'o-
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_~ .,71"
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SANIT AR V S
fOR EWIER STUDV
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Date Received:,
AUG 1 4 2009
Original Submittal
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Date Received:
AUG n 2009
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On' PRO..ECT 113487
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Allr. 1 4 ,nnQ
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I Scale: 1 "= 1 OQ' I Drawing Nome:
I Date: 02/19/09 I 1 6 C
Date Received:
AUG 1 4 2009
~ Springfield Utility Boord
~lK..UJJ) Electrical Division, Springfield,
Oregon
ELECTRICAL
DISTRIBUTION
CITY OF SPRINGFIELD
VICINITY MAP
LRP2009-00009
4851,4857 & 5001 Franklin Blvd
SITE
Map 18-03-02-20
Tax Lot
3000,3100,3200,
3300
And
18-03-02-32 Tax
Lot 3800
North
+
Date Received:
AUG 1 4 2009
Original Submittal