HomeMy WebLinkAboutOrdinance 6253 02/16/2010
ORDINANCENO 62')1
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AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND
WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME
TERRITORY FROM THE RAINBOW WATER AND FIRE DISTRICT
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
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WHEREAS, a request to annex certain territory was submitted on October 23, 2009, said territory being
described as follows:
A portion of 19th Street right -of-way between Township 17 South, Range 03 West, Section 24,
Map 00; and Township 17 South, Range 03 West, Section 24, Map 31 as generally depicted and more
particularly described in and on file in City Case Number C SP 2009 - LRP2009-000 13 and attached
hereto as Exhibit A to this Ordinance; and
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and
ORS Chapter 222 to accept, process, and act on annexations to the City; and
WHEREAS, in accordance with SDC 5.7-125 and ORS 222.111, the City Council initiated the
annexation action by adoption of Resolution 09-23 on June 1,2009, attached hereto as Exhibit B to this
Ordinance; and
WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222 and has
been set for public hearing; and,
. WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area
General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City
limits [SDC 5.7-140.A]; and,
WHEREAS, the annexation is consistent with Policy 10, page II-C-4; Policy 16, page II-C-5; and
Policy 21, page II-C-6, in the Metro Plan [SDC 5.7-140.B] requiring annexation to the City of Springfield as the
highest priority for receiving urban services; and
WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and
efficient manner as required in Metro Plan Policy 8, page II-C-4, and there is a logical area and time within which
to deliver urban services and facilities [SDC 5.7-140.C]; and,
WHEREAS, provision of City urban services to the adjoining property to the west has been arranged
through an Annexation Agreement (Exhibit C) between City staff and the property owner, as described in and on
file in City Case Number LRP2007-00009 [SDC 5.7-140.D], that memorializes the owner's commitment,
agreement, and obligation to meet the City's requirements for the provision of the minimum level of key urban
services and facilities; and,
WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's
recommendation to concurrently annex the subject territory to the Lane County Metropolitan Wastewater Service
District and Willamalane Park and Recreation District, as these special districts are service providers for the City
[SDC 5.7-140.B]; and is consistent with the intergovernmental agreement between Lane County and Springfield
regarding boundary changes dated May 21, 2008; and,
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WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to
concurrently withdraw the annexation territory from the Rainbow Water and Fire District as the Springfield Utility
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Board would provide water utility service directly to the! area after it was annexed to the City [SDC 5.7-160.B];
and,
WHEREAS, on January 19,2010, the Springfield Common Council conducted a public hearing and is
now ready to take action on this application based on the recommendation and findings in support of approving the
annexation request, and the Rainbow Fire and Water District's withdrawal as set forth in the aforementioned Staff
Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public
hearing held in the matter of adopting this Ordinance.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Common Council of the City of Springfield does hereby approve the annexation area to
the City of Springfield, Lane County Metropolitan Wastewater Service District and Willamalane Park and
Recreation District, said territory being described as follows:
A portion of 19th Street right-of-way between Township 17 South, Range 03 West, Section 24,
Map 00; and Township 17 South, Range 03 West, Section 24, Map 31 as generally depicted and more
particularly described in Exhibit A.
SECTION 2: The withdrawal of territory described in Section 1 above from the Rainbow Water and Fire
District shall become effective on June 30, 2010.
SECTION 3: Upon annexation the subject territory will remain public street right-of-way.
SECTION 4: The City Manager or the Development Services Director shall send copies of this Ordinance as
required by SDC 5.7-155.
SECTION 5: This Ordinance shall become effective 30 days from the date of its passage by the City
Council and approval by the Mayor, or upon the date of its acknowledgement as provided by ORS 222.180,
whichever date is later.
ADOPTED by the Common Council of the City of Springfield this 16thlayof Februarv ,2010,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 16thdayof February
,2010.
ATTEST:
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LEGAL DESCRIPTION FOR
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EXHIBIT A-1
EXHIBIT A-2
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Legal Description
A portion of the 19th Street right of way from the intersection with Hayden Bridge Road Southerly; being
more completely described as follows:
Beginning at the Initial Point of Land Partition Plat No. 92-P0306, as filed for public record in the Office
of the Lane County, Oregon Surveyor, in County Surveyor's File No. 31021, on January 4, 1993; thence
on the following five (5) numbered courses:
1) North 000 03' 28" West a distance of 170.00 feet along the Westerly line of the said partition plat to a
point on the North right of way line of Hayden Bridge Road; thence
2) North 890 58' 29" East a distance of35.00 feet along the Northerly right of way of Hayden Bridge
Road to a point; thence
3) leaving the North right of way line of Hayden Bridge Road, crossing the road and along the Easterly
right of way line of 19th Street, South 000 03' 28" East a distance of986.99 feet to a point of curvature in
the easterly right of way; thence
4) leaving the Easterly right of way of 19th Street and crossing it at right angles, South 890 56' 32" West
a distance of35.00 feet to a point on the Westerly line of above said partition plat; thence
5) North 000 03' 28" West a distance of 817.0 1 feet along the Westerly line of above said partition plat to
the point of beginning. '
. Basis of bearing for this description is Partition Plat 92-P0306.
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Attachment 5-4
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EXHBIT B-1
RESOLUTION NO 09-23
A' RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE.
WHEREAS, the City Council is authorized by Section 5.7-125 of the Springfield Development
Code to initiate annexation of contiguous property to the City Limits of.Springfield, and
WHEREAS, the property to be annexed is publicly owned property and rights of way of the State
of Oregon, and
WHEREAS, the territory to be annexed is within the Eugene-Springfield Urban Growth Boundary,
is contiguous to the City of Springfield and can be provided with a full range of key urban services
including sanitary sewer, water, storm drainage, police and fire protection, electrical service, land
use controls, street lights and paved streets, recreational facilities and library.
WHEREAS, annexation procedures shall be initiated and followed in accordance with the public
notice and hearing process, criteria of approval and ordinance adoption procedures contained in
Springfield Development ~ode Section 5.7- Annexations.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby announce its intention to
conduct. public hearings to consider annexation of territory generally described as, publicly owned
right-of-way along a portion of 19th Street from the intersection with Hayden Bridge Road
southerly. This property is depicted and more completely described on the attached Exhibits 1
and 2.
Section 2. This Resolution shall become effective upon its adoption by the Council and approval by
the Mayor,
ADOPTED by the Common Council of the City of Springfield this ~ day of June
2009, by a vote of ...Lfor and -U...against.
APPROVED by the Mayor of the City of Springfi
ATT~~~
City Recor r
Date Received:
~ltYIEWtD & APPROYfD
~O FORM
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DA TE: 'S' b.Q \ 0'
LEGAL COUNSEL
OCT 2 3 2009
Original SUbmittaL_,"_.,d~_, .
Attachment 5-5
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EXHBIT B-2
EXHIBIT 1
A portion of the 19th Street right of way from the intersection with Hayden Bridge Road
Southerly; being more completely described as follows:
Beginning at the Initial Pointof land Partition Plat No. 92-P0306, as filed for public
record in the Office of the lane County, Oregon Surveyor, in County Surveyor's File No.
31021, on January 4, 1993; thence North 000 03' 28" West a distance of 170.00 feet
along the Westerly line of the said partition plat to a point on the North right of way line
. of Hayden Bridge Road; th,ence North 89058' 29" East a distance of 35.00 feet along
the Northerly right of way of Hayden Bridge Road to a point; thence leaving t~e North
right of way line of Hayden Bridge Road, crossing the road and along the Easterly right
of way line of 19th Street, South 000 03' 28" East a distance of 986.99 feet to a point of
curvature in the easterly right ~J way; thence leaving the Easteriy right of way of 19th
Street and crossing it at right angles, South 890 56' 32" West a distance of 35.00 feet to
a point on the Westerly line of above said partition plat; thence North 000 03' 28" West
a distance of 817.01 feet along the Westerly line of above said partition plat to the point
of beginning.
Basis of bearing for this description is Partition Plat 92-P0306.
Date Received:
OCT 2 3 2009
Original submittaL....db..
Attachment 5-6
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EXHIBIT C-1
Division of Chief Deputy Clerk
Lane County Deeds and Records
After Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
lO~~.OJ~~g~
1111111111111111111111111111111111111111111111111 $76.00
0107811120090030968007013306/08/2009 03:54:02 PM
RPR-ANNX Cnt=l Stn=6 CASHIER 07
$65.00 $11.00
RESTATED
ANNEXATION AGREEMENT
This Restated Annexation Agreement ("Agreement") is made between the City of
Springfield, an Oregon municipal corporation ("City") and Daniel and Shannon Jackson
("APPLICANT").
This Restated Annexation. Agreement restates and amends the previous Annexation
Agreement entered into by the parties hereto on December 17,2007 and recorded December 21;
2007, Recorder's Reception No. 2007-083844, Lane County Deeds and Records.
RECITALS
A. APPLICANT owns the.parcel(s) ofland legally descdbed in E?iliibit A, the Property, and
shown on the map attached as Exhibit B. The Property is proxiinate to the juri~dictional
limits of the City and i.s subject to annexation by the Lane County Local Government
Boundary Commission or its successor ("Boundary Commission") following minor
boundary change processes. .
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007-
00009, dated February 26, 2007, for Assessor's Map No. 17-03-24-31, Part of Lot 2000
("Property"). .
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission or its successor. The Springfield Common
C01UlCil has adopted Resolution No. 07-57 supporting the annexation,
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan
and is ,zoned LDR (UF-IO) according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Mett:o
Plan Policy 8a and 8b, p.II-CA, and such showing is suppoited,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 clnTently available to the Property with the exception of
public sanitary sewer service, public stormwater management service, and street
connectivity to adjoining 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 of financial 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
.Attachment 2
Page 1 of 11
Attachment 5-8
EXHIBIT C-2
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key urban services, including long-term public sanitary sewer, stormwater, interconnected
transportatian systems and Fire and Life Safety services necessary far an affirmative City
recommendation far the annexation reques~.. .:::.: . . .... .: ' :: :: :'"':''' :.... .' ',:: :,: .:.',:_:..:_'.,.:~:._:';.:':::_,~::;::.:;:.::::.~':::::"::':::U::.::_
F. A public sanitary sewer system with sufficient capacity to serve the Praperty and other
existing and proposed land uses in the vicinity of the Praperty is necessary to. support a
finding that this key urban service is available to. serve the Property.
~.
. An existing public sanitary sewer system and lift statian is located at the comer of
Vera Street and 19th Street. Sufficient capacity exists in this system such that the
Praperty will be allawed to connect. .
. An existing fifteen inch (15") diameter public sanitary sewer extends from the lift
statian to the existing westerly right-of-way of 19th Street. .
. The APPLICANT will be required to extend the above described fifteen inch (15")
public sanitaiy sewer along 19th Street to. the terminus point outside the limits of the
19th Street impravement, which will be determined by the City during the
Subdivi~.~?l11.'~~tative .~l~ r.e~ew ~~.app.~o.~.al' ,. . .
. The APPLICANT will be ~lawed to connect individual sanitaty seWer'Iateralito the' .
fifteen inch (15") public sanitary sewer, and will be required to. provide any laterals
deemed necessary by the City to. pro.vide future service to. adjoining praperties.
. The City will participate in the cost of the construction afthe fifteen inch (IS")
public sanitary sewer thraugh the payment of a portioQ. afthe constructian cost. The
City will reimburse the APPLICANT at the rate of one hundred twenty five dollars
'($125.00) per line8.I foot of the total length of said fifteen inch (15") sanitary sewer,
plus five thousand dollars ($5000.00) for each manhole associated with the
construction of said fifteen inch (15"). sanitary sewer. The to.taIlength ofthe fifteen
inch (15") sanitary sewer and the number of manholes shall be determined based
upo.n the approved Public Improvement Plans which shall be prepar!:ld by the
APPLICANT and approved by the City. The City will participate in the cost of said
construction by means of a single cash contribution, which will be reiinbursed to the
APPLICANT within sixty (60) days of the acceptance of the Public Improvement
Project by the Cammo.n Council. City participation will be limited. to. the "
constructian of the fifteen inch (15") public sanitary sewer and the aSsaciated.
manholes, and will not any include any costs associated with the laterals connected
to said sanitary sewer, including any laterals deemed necessary by the City to
pro.vide future service to adjoining properties. Further, City participation will 'be
limited. to. construction costs only, as per the above quoted unit prices, and not
incidental costs including, but no.t limited to, tho.se costs which are specifically
allacated solely to the APPLICANT and defined in Paragraph 1.3.3 of this
Agreement.
· The APPLICANT will be required to. construct a public gravity sanitary sewer
system to. serve the Praperty, as needed, in ad~tion to. the fifteen mch (15") public
sanitary sewer described above. .
......
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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 Prope~ is also necessary to
support a ,finding that this key urban service is available to serve the Praperty.
Attachment 2
Page 2 of II
Attachment 5-9
EXHIBIT C-3
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. An existing eighteen inch (18") diameter public storm water management system is
located adjacent to the West line of the Property, approximately 240 feet north of the
centerline of Vera Street. Another existing twelve inch (12") diameter.public
stormwater management system is located adjacent to the West line of the Property,
approximately 170 feet south of the centerline of V era Street.
. The APPLICANT will be allowed to connect to either or both of these existing
public stonnwater management systems, but will be required to provide pre-
treatment for 100 % of newly paved surfaces, using such methods as double
chambered catch basins with oil filtration media or a water quality manhole.
Additionally, a minimum of 50% of the non-building rooftc;>p runoff impervious
surfaces on the property shall be treated vegetatively, using methods such as a
bioswaJe. The APPLICANT will be required to maintain the post-developed runoff
rate of flow equal to or below the pre-developed runoff rate of flow.
.
H. An interconnected.tr~sportati6n 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.
. The Property has frontage on 19th Street which is under the jurisdiction of Lane
County. Along this frontage, 19th Street is not improved.
. The APPLICANT will be required to fully improve 19th Street along the property
frontage to a required width of forth-two feet (42') for a collector street. The
APPLICANT will be required to construct a section complete with curb, gutter,
pavement, sidewalks, street lights and street trees, along the frontage of the Property.
. SidewaJks and street trees on the east side of 19th Street will not be required to be
constructed.
· The APPLICANT will also be required to dedicate a strip ofland thirty-five feet
(35') in width adjacent to the west~r1y line of the existing Right-of-way, across the
froq.tage of the Property, to accommodate the improvement and the alignment of 19th
Street and result in a total Right-of way width of sev~nty feet (70').
· The APPLICANT will also be required to dedicate a Right-of-way of sixty feet (60')
through the Property to facilitate the east-west connection of 19th Street with the
existing Vera Street Right-of-way and pavement. The APPLICANT will be required
to construct the easterly extension of Vera Street to an urban standai-d from the West
line of the Property to 19th Street, complete with curb, gutter, pavement, sidewalks,
street lights and street trees.
· The APPLICANT will further be required to provide public access to all proposed
lots within the Property via public Rights-of-way and w:ban standard streets,
complete with curb, gutter, pavement, sidewalk, street lights, and street trees. At the
request of the APPLICANT during the Subdivision Tentative Plan approval process,
the provisions for private streets may be considered. Any provision for said private
streets will be at the sole discretion of the City, and, if allowed, must abide by all of
the Standards and Codes of the City.
· Notwithstanding other requirements of this Agreement, if a subsequent subdivision
application for the subject property will create lots which will allow development of
more than 30 dwelling units, the APPLICANT shall be required to provide a
secondary fire and life safety apparatus access route to the subdivision hi accordance
with Springfield Fire Code Appendix DI07.
Attachment 2
Page 3 of 11
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Attachment 5-10
EXHIBIT C-4
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I. In 0rder to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
affirmative recommendation for annexation to the Conunon Council, and in exchange for
the obligations of the City set forth below, APPLICANT shall cQmply with all requirements
imposed on APPLICANT in this Agreement,
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance
of Subdivision Plat 'and Public Improvement Plan approvals, APPLICANT agrees to
perform the obligations set forth in this section. .
.
1.1 . Apply for, and obtain,-Subdivision Tentative Plan approval from the City, pursuant
to Springfield Development Code Article 35, for a residential subdivision on the
Property within six (6) months, unless extended by the City, ofllie effective date of
the Boundary Commission's, or its successor~s, approval of APPLICANT's
annexation request. This paragraph is subject to the requirements of Paragraph 8,
below.
1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant to
Springfield Development Code Article 35 for a residential subdivision on the
Property within two (2) years, unless extended by the City, of the date of the
Limited Land Use Decision issued by the City fqr Subdivision Tentative Plan
approval issued pursuant to Paragraph 1.1, above. This paragraph is subject to the
requirements of Paragraph 8, ?elow.
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1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, _submittal and approval of the requisite As-
built Plans, and Acceptance ,by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off~site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1 APPLICANT shall construct public sanitary sewer systems to connect to the
Vera Street lift station and to extend the existin,g public sanitary sewer, as
described in Paragraph F of the Recitals of this Agreement.
.
1.3.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the sanitary sewer systems described in
Paragraph 1.3.1, above.
Attaclunent 2
Page 4 of 11
Attachment 5-11
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EXHIBIT C-5
'1.3.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed sanitary sewer systems that connect to the existing public
systems, including hut not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.3.4 Prior to or concurrent with Subdivision Plat or Public hnprovement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide financial security acceptable to the City for all
costs associated with the above described sanitary sewer system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLI) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or '
used by a public agency shall be estimated based upon the prevailing rate of
wage,"and financial security shall be adequate to provide for the payment of
said prevailing rate of wage.
1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
,Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
stormwl:!,ter management systems to provide drainage service to the development as
. follows:
.
1.4.1
1.4.2
1.4.3
.
APPLICANT shall construct public stormwatermanagement systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswa1e or mechanical filter system and public drainage easement, and into,
the public stonnwater lfues, as described in Paragraph G of the Recitals of
this Agreement.
APPLICANT shall 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.
Grant to the City the easements necessary to access, operate, and maintain a
storm water management system on the Property. Easements for piped
portions of the system will be a minimum of fourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement Easement widths for open channel portions of the system shall be
determined based upon the design width of the channel plus ten feet (10') on
one side and twenty-five feet (25') on the other side to accommodate access
and maintenance by City personnel and equipment. Actual easement widths '
and locations will be determined during the Subdivision Tentative Plan
review.
Attachment 2
Page 5 of 11
Attachment 5-12
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EXHIBIT C-6
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1.4.4 Applicant shall bear th~ full cost and obligation to design and construct the
proposed stonnwatermanagem.ent systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.4.5 . Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above stormwater management system
construction. APPLICANT is directed to Paragraph 12 of this Agreement
concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLI) arid the payment of prevailing rate of wage.
The cost of all construction to be completed which the City inteIpret3 as
. . being occupi~d or used by a public agency shall be estimated based upon the '
prevailing rate of wage, and financial security shall be adequate to proVide
for the payment of said prevailing rate of wage.
!.
1.5 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop o.Q.-site and off-site public
street systems to provide interconnected transportation service to the development as
,follows:
1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct
fully-improved on-site and off-site public street systems to provide for the
logical and orderly extension ofthe following public ~eet.s:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of V era Street from the existing
improved street, located at the West line of the Pr<?perty, through the
property to the East line of the Property and the intersection of V era
Street with 19th Street, as described in Paragraph H of the Recitals of
this Agreement. Also, dedication ofRigbt-of-way and construction to
provide public access to all proposed lots within the Property, as
described in Paragraph H of the Recitals of this Agreement.
1.5.1.2 Dedication ofRight~of-way and construction to facilitate the
connectio~ to and extension of 19th Street along the Applicant's
Property frontages described in Paragraph H of the Recitals of this
Agreement.
.
1.5.2 APPLIC~T shall prepare the studies, plans, permit applications, and other
, supporting documentation necessary to obtain,the permits and other
approvals necessary to construct the transportation systems described in
Paragraph 1.5.1, above.
Attachment 2
Page 6 of 11
Attachment 5-13
EXHIBIT C-7
.
1.5.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed transportation systems, including but not limited to associated
Right-of-way, easements, engineering costs, permit applications and fees,
legal costs, construction and inspection costs, and the preparation of As-built
plans.
1.5.4 APPLICANT has indicated a desire to utilize the City's Reimbursement
District Process for the full street improvements along 19th Street as
described in Paragraph H of the R:ecitals of this agreement. Upon
Subdivision Tentative Plan submittal, the APPLICANT shall notify the City
of such a request, and shall follow the requirements and standards set forth in
the Common Council Ordinance Number 6230 regarding Reimbursement
Districts.
1.
1.5.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above transportation system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLI) and the payment of prevailing rate of wage. The cost of all
construction to be completed. which the City interprets as being occupied,or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and financial security shall be adequate to provide for the payment of
,said prevailing rate of wage.
1.6 Provide and be financially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Subdivision '
Tentative Plan andlor the Public Improvement Plans as necessary to serve the
development of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improve~ents at the time of
construction shall be used. For the purposes of this Agreement, the full cost shall
include design, construction, acquisition ofland and/Qr 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. Oblie:ations of CitY. Consistent with the above Recitals, City agrees to:
~.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 assume any financial responsibility to provide legal
counsel on appeal.
.
2.2 Conduct the timely review and decision making ofthe Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
Attachment 2
Page 7 of 11
Attachment 5-14
..
1.
i
.
EXHIBIT C-8
2.3. ' Participate in the cost of the construction of the fifteen inch (15") public sanitary
sewer in the manner described in Paragraph F of the Recitals of this Agreement.
2.4 Initiate annexation of the un-annexed portion of 19th Street abutting the PROPERTY
frontage at no'cost to the APPUCANT.
3. Covenants Runnine: 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 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 Agreementis 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 ~e sanitary
sewer systems, stonnwater management systems~ and street improvements for the proposed
developm.ent.
5.
Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with. each
other in imp1~enting the,various matters contained herein,
6, Waiver ofRilZht 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
minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a
and 8b, p.ll-C-4 and as required herein are not 'provided in a: timely manner to the Property.
. .
8.
'Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to
the use and development of this Property. Nothing herein shall be construed as City
providing or agreeing to provide approval of any building, land use, or other development
applicatio~ or Land and Dl;ainage Alt~tion ProWam (LDAP) p~it applicatiop. submitt~
Attachment 2
Page 8 of 11
Attachment 5-15
'.
.
..
EXHIBIT C-9
by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all
State and/or Federal pennits and any other approvals as may be required.
9.
Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard (512
U,S._114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT" for payments, 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 development and to the impacts of the development of
the Property. APPLICANT furt~er w.~.ives any cause of action it may have pursuant to
. Dolan v. City of Tigard and cases interpreting the l~gal effect of Dolan arising out of the
actions described herein. . : :.." '.
10.
Ballot Measure 37. APPLICANT knows and understands any rights it may have WIder
Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed
November 2, 2004, APPLICANT for itself and its heirs, executors, assigns, administrators
and successors hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11.
Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforce~biliw or invali4ity shall not affect the enforceability or vaIidity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the
: Agr;e~1?-ent and the rights arid liabilities of the parties her.;;~~ ,~~a.n B~ d.p~~1]11ineQ,:~: ". "
a~ootdancewith the laws of the State of Oregon. :;.:::::::\Ir,;:}.~!,::'; ,:;..';.:::".. ,';,~>:;'~~'~:
. ",' ,,'\,.,,~.:\";::;; \~:('::~\:'>"., .,..: :, ,\';'"
. "
12.
BOLl/Prevailing Wage Rate,
The APPLICANT will require, as a condition of any contract for construction of the public
improvements described in Sections 1.3, 1.4 and 1.5 that the specifications for such contract shall
contain a provision;
A. complying with the provisions ofORS 279C.830, 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 c01p.ply with each aDd every provision of
ORS279C.800-870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates ofw~ge.
DATED this "3 rJ day of-J"" lJ (\ e ,2009. ,-' "..'..
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT:
Attachment 2
Page 9 of11
Attachment 5-16
.
'.
.
EXHIBIT C-1 0
Daniel Jackson
( OWNJ?R)
Shannon Jackson
(OWNER)
STATE OF OREGON
COUNTY OF LANE
} 55
''2.rJ .::r v N~
BE IT REMEMBERED that on this ~ day ofFebmary, 2009 before me, the undersigned,
a notary public in and for said County and State, personally appeared the within named
Daniel)ackson and Shannon Jackson, whose identity was proved to me on the basis of satisfactory
evidence and who executed\the within instrument and acknowledged to me that Daniel Jackson,
and Shannon Jackson executed'the same freely and voluntarily.
, IN" TESTIMONY WHEREOF, I have hereunto set my h~d and affixed ,my official seal the day and
year last above written. .
9( --VVJC'L'J~ .
Notary Public for Oregon
, My Commission Expires: fY'lA-1l.. 3 J , 2.0 I t
. ' OFFlOI~oS~iAD
, i CHRIS p~euc.oREGON
"., / N~cJ~SSION NO. 427460
.}t{ OOMMISSION EXPIRES MAR, 31, 2012
REViEWED & lUJPiW1!ED
AS. TO FORM
~~.-") L~\.~
DA TE; ~S:J2.E I <,)4
GFFIOl Of t1ltv ATTORNEY
By:
. STATE. OF OREGON
} 55
Attachment 2
Page 10 of 11
Attachment 5-17
.
.
.
COUNTY OF LANE
E,XHIBIT C-11
r =Tu.tlC
BE IT REMEMBERED that on this (S_ day ofli0bruGFJ, 2009 before me, the undersigned., a
notary public in and for said County and State, personally appeared the within named., Gi,no ',-,
Grimaldi, whose identity was proved to me on the basis of satisfactory evidence and who by me
duly sworn, did say that he is the City Manager of the within named municipal corPoration and does
acknowledge said instrument to be the free act and deed of said municipal corporation, and that the
seal affixed to said instrument .is the Corporate seal of said municipal corporation, and that said
instrument was signed and sealed in, behalf of said municipal corporation by authority of its
'Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
OFFICIAL SEAL
AMVLSOWA
NOTARY PU8l1C . OREGON
COMMISSION NO. 397942
MY COMMISSION EXPIRES NOV .22, 20lllI
Attachment 2
Page 11 of 11
Attachment 5-18
~~~
Notary Publi or oregon
My Commission Expires: II ~~.-;)()tJ Cj
.
I.
.
EXHIBIT A
February'1272oo7
Branch No. 06-203
EXHIBIT C-12
LEGAL DESCRIPrtON
FOR
ANNEXATION PURPOSES
LANDS OF DANIEL L. AND SHANNON L. JACKSON
(pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000)
SITUATED in lIDincorporated area in Lane C~unty, State of Oregon in the Southwest 1/4 of Section
24. TOWIlShip 17 South, Range 3 West of the Willamette Meridian. and descnoed as follo~s:
)
BEING a portion of the lands that were conveyed to Damel L. and Shannon Batty in that certain.
Special Warranty Deed &it waS recorded May 16, 1990 in Ree11632R at Reception Number
9022540 in the Official Records of Lane County, State of Oregon, said portion being more
particularly described-as follows:.
Commencing at a point 17.42 cbaiDs north of a point where t1i.e East line of the William C. Spencer
Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section
24 and Section 25. T ownsbip 17 South., Range 3 West-oftb.e WillametteMeridian; tbenceNortb. 89"
42' 338 W~st 393.00 feet and North"OO" 06' 16JJ West 225.00 feet to the southwest corner of said
. lands that ws::.re conveyed in the above deed, Which point lies on the existing city limits line of t1ie
City ofSpriugfield and is the TRUE PO'llIT OF BEGINN;INGofthelands being descnoed herein;
. .
THENCE leaving said TRUE POINT OF BEGINNING and along said ci~ limits line and west
line of said landS that were conveyed in said deed, NORTH 00" 06' 16n WEST 900 FEET, more or
less, to an angle point in the Urban Growth Boundary of the City of Springfield; THENCE, leaving
said city limits line and said west line of said lands:that were conveyed in said dee~ NORTH 63'
35' EAST 435 FEET7 more or less. along said Urban Growth Boundary to an angle point in said
boundary that lies on the east line of said lands that were conveyed in said deed; THENCE, leaving
said Urban OrowthB9UD.dary and along said east line of said lands that were conveyed in said deed,
sourn 00' 06' 24" EAST 1100 FEET. more orIess, to the southeast comer of said lands that were
conveyed in ~e said deed; AND TBENCE. along the south line of said lands that were conveyed
in the said deedNORTH 89" 42' 33" 'WEST 393.00 FBETRETURNINGto the TRUE POINT OF
BEGINNING and CONTAINlNG 9.0 ACRES, more or less,
Attachment 5-19
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PROFESSIONAL
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Attachment 5-20
EXHIBIT C-13
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TYPE IV - ANNEXATION
STAFF REPORT AND RECOMMENDATION
EXHIBIT 0-1
File Name: 19th Street Annexation
Owner(s)/Applicant(s): City of Springfield
Case Number: C SP 2009 - LRP2009-00013
Proposal Location: Portion of 19th Street north of Yolanda Avenue and including the intersection
with an undeveloped stub of Hayden Bridge Road.
Existing Zoning: Low Density Residential (LDR) with Urbanizable Fringe Overlay (UF-10)
Zoning After Annexation: LDR
Metro Plan Designation: LDR
Refinement Plan Designation: N/A
Application Submittal Date: October 23, 2009
Associated Applications: LRP2007-00009 (Annexation of Adjoining Territory); PRE2009-00026
(Pre-submittal Application)
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
APPLICANT'S DEVELOPMENT REVIEW TEAM
NAME
And Limbird
Jon Driscoll
Cla on McEachern
Gilbert Gordon
Dave Puent
PHONE
726-3784
726-3679
736-1036
726-2293
726-3668
POSITION NAME PHONE MAILING ADDRESS
Applicant City of Springfield 736-1036 225 5th Street
Public Works Department Springfield, OR 97477
Owner Lane County Public Works 682-6936 3040 North Delta Hwy
Eugene, OR 97408
Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures,
without Planning Commission consideration.
Attachment 5-21
.
.
.
EXHIBIT D-2
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all third-
party annexation applications.
Finding: Because the annexation action was initiated by a resolution of City Council, and the annexation
territory is a portion of partially developed road right-of-way that will remain public right-of-way, a
Development Issues Meeting was not conducted.
Conclusion: The requirement in SDC 5.7-120 is met.
Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.8.3 and
ORS 222.111, an annexation application may be initiated by resolution of the City Council.
Finding: The Springfield City Council initiated the annexation action by adoption of Resolution 09-23 on June
1,2009.
Finding: Lane County Transportation has submitted a letter in support ofthe annexation action (Attachment 3).
Conclusion: The application requirements in SDC 5.7-125 have been met.
Site Information: The annexation area includes a linear portion of 19th Street north of y olanda Avenue and
extending to the intersection with a stup of Hayden Bridge Road right-of-way. The dimensions of the linear
public right-of-way proposed for annexation are approximately 35 feet wide by 987 feet long. The subject
annexation area comprises approximately 0.66 acres and it abuts the Springfield City limits along the west
boundary. At present, the public right-of-way is partially developed with a narrow gravel road that is classified
as a Lane County local access road (LAR). The subject annexation territory is intended to remain as public
right-of-way and street frontage improvements can and will be constructed by the abutting property
owners/developers as site development proceeds. The contiguous property to the west has an executed
annexation agreement (Attachment 5, Exhibit C) detailing the property owner/developer's obligations for street
improvements.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,
Springfield Police Department), schools (Springfield School District), roads (Lane County), and Fire (City of
Springfield under contract). Rainbow Water and Fire District provides water and contracts with the City for
provision of fire service to the proposed annexation area. Upon annexation, the City of Springfield will be
entirely responsible for urban services, including electricity, water and fire response to the subject area.
Because the annexation area will remain partially developed public right-of-way, demand for additional urban
services will be negligible.
Notice Requirements (SDC 5.7-130): Consistent with SDC 5.7-130, notice was provided as follows:
Mailed Notice. Notice of the annexation application was mailed December 29,2009, which is at least
14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of
properties located within 300 feet of the perimeter of the affected territory; affected neighborhood
groups or community organizations officially recognized by the city that includes the affected territory;
affected special districts and all other public utility providers; and the Lane County Land Management
Division, Lane County Elections, and the Lane County Board of Commissioners.
Newspaper Notice. Notice of the January 19, 2010 public hearing was published in The Register-
Guard on January 4 and 11,2010.
Posted Notice. Notice of the January 19,2010 public hearing was posted in six public places in the
City, [in three locations along the 19th Street right-of-way; at the Springfield City Hall and in the
Development Services office; and on the City of Springfield website] on January 7, 2010.
Attachment 5-22
.
.
.
EXHIBIT D-3
Finding: Upon annexation of the subject property to the City the current LDR zoning will be retained, but the
Urbanizable Fringe Overlay District (UF-lO) will no longer apply. Due to this change, the Oregon Department
of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings more
than 45 days prior to the public hearing. Notification to DLCD was sent on October 28,2009.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on
the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which
are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation
follows SDC 5.7-140, Criteria.
Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal
conforms to the following criteria:
A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is
1. Contiguous to the city limits; or
2. Separated from the City only by a public right of way or a stream, lake or other body of
water.
Finding: The subject annexation is located within the acknowledged urban growth boundary (UGB) of the
Eugene-Springfield Metropolitan Area General Plan (Metro Plan). The annexation area abuts the Springfield
city limits along the west boundary and therefore meets the statutory definition of contiguity as found in ORS
222.111(1).
Finding: The legal description for the annexation area will be confirmed with the state Department of Revenue
to ensure there are no gaps or overlaps of territory between the existing City limits (located along the west
boundary of 19th Street) and the annexation area.
Conclusion: The proposal meets this criterion.
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC)
in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged
UGB of the Metro Plan. Territory within the UGB ultimately will be within the City of Springfield.
Finding: The Metro Plan recognizes that, ultimately, all territory within the UGB will be annexed to an existing
city (Policy #10, page II-C-4; Policy #16, page II-C-5; and Policy #21, page II-C-6). Springfield is the unit of
government identified in the Metro Plan to provide urban services to annexed territory.
Finding: The Metro Plan recognizes that as annexations to the City occur, existing special service districts
within the UGB will be dissolved (Policy #18, page II-C-6). The continued annexation of properties and public
street rights-of-way to the City of Springfield is consistent with the Metro Plan, which will result in the
elimination of several special districts within the urbanizable area.
Finding: The annexation area is within the Rainbow Water and Fire District. The water district also has service
arrangements with Springfield for provision of fire response to unincorporated areas of north Springfield. After
the public hearing and if determined by the City Council that withdrawal is in the best interest of the City, the
annexation area will be withdrawn from the Rainbow Water and Fire District consistent with ORS 222.510,
222.520, and 222.525 and Springfield Utility Board will provide water service directly to the annexation area.
Attachment 5-23
.
.
.
EXHIBIT D-4
Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of
the City, the annexation area will be annexed into the Lane County Metropolitan Wastewater Service District as
authorized by an Intergovernmental Agreement (IGA) between the City of Springfield and Lane County. This
special district was formed to provide the financing for the regional wastewater treatment plant serving
wastewater users within the City of Springfield.
Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of
the City, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized by
an intergovernmental agreement between the City of Springfield and Lane County. The park district provides
park and recreation facilities and services to territory within the City of Springfield.
Finding: The subject road right-of-way is not located in an adopted Refinement Plan area, and there are no
proposed changes to the current LDR zoning.
Conclusion: The proposal meets this criterion.
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,
and
Finding: The Metro Plan recognizes annexation as the highest priority for extending the minimum level of key
urban facilities and services to urbanizable areas (Policies #8 and #10, page II-C-4).
Finding: The territory requested for annexation will take advantage of urban service delivery systems that are
already in place or can be logically extended to serve this area. In addition to urban utilities, the following
facilities and services are either available or can be extended to this annexation area:
Water - SUB Water provides water service to incorporated areas of north Springfield. Upon annexation, the
19th Street right-of-way is not expected to require water service, but future water line extensions may be
expected within the subject area as development proceeds on adjacent properties. Existing water infrastructure
within the vicinity will be maintained by the affected utility providers.
Electricity - SUB Electric provides service to developed properties in this area of Springfield. Upon
annexation, the subject territory is not expected to require additional electrical service. However, power line
installations may be expected within the road right-of-way as development proceeds on adjacent properties.
Existing electrical system infrastructure within the adjacent public rights-of-way will be maintained by the
affected utility providers.
Police Services - Springfield Police Department currently provides service to areas of north Springfield that are
already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department
and Lane County Sheriff's Department. Upon annexation, this area will receive Springfield Police services on
an equal basis with other properties inside the City.
Fire and Emergency Services - Fire protection is currently provided to the annexation area by the City of
Springfield Fire & Life Safety under contract with Rainbow Water and Fire District. Upon annexation, the City
will continue to provide fire and emergency services to the subject territory. The nearest Springfield fire station
(Fire Station #3) is located on 28th Street at the intersection with Centennial Boulevard.
Emergency medical transport (ambulance) services are provided on a regional basis by Eugene, Springfield, and
Lane Rural FirelRescue to central Lane County. The annexation area will continue to receive this service
consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by
the three regional ASA providers to provide backup coverage for each other's jurisdictions.
Attachment 5-24
.
.
.
EXHIBIT D-5
Parks and Recreation - Park and recreation services are provided to the City of Springfield by the Willamalane
Park and Recreation District. Indoor recreation facilities, such as the Willamalane Park Swim Center, Lively
Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center will be
available to residents (if any) and property owners as new development occurs. It is not expected that the
requested annexation area will generate an appreciable number of new residential units, owing to the industrial
land use designation. The park district offers various after-school and other programs for children at schools
and parks throughout the community. Also available are pathways and several categories of parks, including
community parks, sports parks, special use parks, and natural area parks. The closest developed neighborhood
park to the requested annexation area is Page Park at 1300 Hayden Bridge Road. Other existing and future
parks in the vicinity include Harvest Landing and Pierce Park (currently undeveloped).
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park
and Recreation District consistent with City policy, if the City Council determines that annexation to the special
district is in the best interest of the City.
Schools - Springfield School District serves the north Springfield area. Existing schools - Yolanda Elementary,
Briggs Middle, and Springfield High School serve the neighborhood, including the subject annexation area.
However, because the subject area is proposed to remain public right-of-way it is not expected the annexed
territory would generate any population, including school children.
Sanitary Sewer - The annexation area can be served by extension of an existing public sanitary sewer line that
terminates at the westerly edge of the 19th Street right-of-way boundary. The existing 15-inch sanitary sewer
line flows to a sanitary sewer lift station located at the comer of 19th Street and ( future) Vera Drive. As
development proceeds on the adjoining properties, future sanitary sewer connections and upgrades may be
required as described in the Annexation Agreement signed by the contiguous property owner.
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Lane County
Metropolitan Wastewater Service District, if the City Council determines that annexation to the special district is
in the best interest of the City.
Stormwater - There are no existing stormwater facilities within or abutting the subject annexation area. Future
development of the adjoining land to the west will provide for extension of stormwater service from the current
stormwater lines in Vera Drive. The annexation area will require appropriate stormwater management
techniques in accordance with City standards and as described in the Annexation Agreement signed by the
contiguous property owner.
Streets - The subject annexation area is a partially developed local access road currently improved with a
narrow gravel surface. The portion of 19th Street requested for annexation represents the public street frontage
for at least three properties, one of which is already annexed and planned for future residential development
(Map 17-03-24-31, Ptn. Tax Lot 2000). It is expected that developable portions of Tax Lot 2000 will derive
access from 19th Street, and therefore street improvements would be expected concurrently with development of
the property. Provision for future 19th Street improvements is detailed in the Annexation Agreement signed by
the contiguous property owner.
Solid Waste Management - The City and Sanipac have an exclusive franchise arrangement for residential
garbage service inside the City limits. Upon annexation, solid waste disposal service can be provided by
Sanipac. It is not expected the street right-of-way will generate a need for solid waste service on its own, but it
will facilitate extending the service to adjacent residential developments.
Communication Facilities - Various providers offer both wired and wireless communication services in the
Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to
provide service to future development in this area.
Attachment 5-25
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.
.
EXHIBIT 0-6
Land Use Controls - The annexation area is within Springfield's portion of the urban growth boundary.
Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has
planning and building jurisdiction for this property. The City will continue to administer land use controls after
annexation.
Finding: The minimum level of key urban facilities and services, as defined on page V-3 of the Metro Plan, are
either immediately available or can be provided within a reasonable future time frame as needed. The
Annexation Agreement signed by the contiguous property owner details the timing and delegation of financial
responsibility for provision of key urban services to the annexation area, including street improvements.
Conclusion: The proposal meets this criterion.
D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement or
other mechanism approved by the City Council.
Finding: The owner of contiguous property to the west has executed an Annexation Agreement that outlines the
City and Applicant's responsibilities for provision of key urban services and other considerations. Future
improvements to 19th Street are detailed in the Agreement.
Conclusion: The proposal meets this criterion.
DIRECTOR'S RECOMMENDATION: Approve the annexation of the subject territory to City of
Springfield, Lane County Metropolitan Wastewater Service District, and Willamalane Park and
Recreation District, and withdraw the requested annexation area from the Rainbow Water and Fire
District.
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
Finding: The City Council held a Public Hearing on January 19,2010 for the subject annexation request. Based
on the staff analysis and recommendation, and on testimony provided at the Public Hearing, the City Council
approved the annexation area (portion of 19th Street located between Map 17-03-24-00 and Map 17-03-24-31)
per Ordinance No. _, totaling approximately 0.66 acres.
Zoning (SDC 5.7-150): The annexation area is within a region of north Springfield designated as Low Density
Residential (LOR) in the Metro Plan. The current zoning for contiguous properties to the east is LDR with
Urbanizable Fringe Overlay District (LDR/UF-1O). The contiguous property to the west is zoned LDR and lies
inside the City limits.
Finding: Upon the effective date of the annexation, the UF-lO overlay is automatically removed and the subject
territory retains the zoning of the contiguous property to the west (LOR), which is consistent with the Metro
Plan designation.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): If the annexation is approved by the City
Council on January 19, 2010 and granted a second reading on February 16, 2010, the Ordinance will become
effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around
March 18, 2010), or upon final acceptance by the State - whichever date is later.
Finding: City Council gave second reading to Ordinance _ on
effective consistent with SDC 5.7-155 and ORS Chapter 222 on
,2010. The Ordinance became
,2010.
Attachment 5-26
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EXHIBIT D-7
Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may occur
concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to
the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed
territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the
City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal
shall be provided in the same manner as the annexation notice in Section 5.7-150.
Finding: The annexation area is within the Rainbow Water and Fire District. Consistent with SDC 5.7-160,
notice was provided, a public hearing was held, and the City Council determined that withdrawal from the
Rainbow Water and Fire District was in the best interest of the City. The withdrawal decision was codified in
Ordinance No.
Exhibit:
A. Assessor's Map showing property requested for annexation (redlined) and numbered survey courses
contained in legal description
Attachment 5-27
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.
.
POINT OF BEGINNING,
INrraL POI"'" Of
LAND PAffiTTlON PUlT
NO, 92-P030e
NOTE:
NUMBERED COURSES
COINCIOE WITH COURSE
NUMBERS SHOWN ON THE
LEGAL DESCRIPTION FOR
THE Al'PROPRlATE TRACT,
~
EXHIBIT A
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I' STRlP
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HAYDEN BRIDGE STUB
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(CO. RD, 681) ~
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Attachment 5-28
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EXHIBIT D-8
.
.
.
EXHIBIT 0-9
Legal Description
A portion of the 19th Street right of way from the intersection with Hayden Bridge Road Southerly; being more
completely described as follows:
Beginning at the Initial Point of Land Partition Plat No. 92-P0306, as filed for public record in the Office of the
Lane County, Oregon Surveyor, in County Surveyor's File No. 31021, on January 4, 1993; thence on the
following five (5) numbered courses:
I) North 000 03' 28" West a distance of 170.00 feet along the Westerly line of the said partition plat to a point
on the North right of way line of Hayden Bridge Road; thence
2) North 890 58' 29" East a distance of 35.00 feet along the Northerly right of way of Hayden Bridge Road to a
point; thence
3) leaving the North right of way line of Hayden Bridge Road, crossing the road and along the Easterly right of
way line of 19th Street, South 000 03' 28" East a distance of 986.99 feet to a point of curvature in the easterly
right of way; thence
4) leaving the Easterly right of way of 19th Street and crossing it at right angles, South 890 56' 32" West a
distance of 35.00 feet to a point on the Westerly line of above said partition plat; thence
5) North 000 03' 28" West a distance of 817.01 feet along the Westerly line of above said partition plat to the
point of beginning.
Basis of bearing for this description is Partition Plat 92-P0306.
Attachment 5-29