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HomeMy WebLinkAboutItem 29 Agreement to Annex Property to the City of Springfield (Progress Investment Group, LLC - Case No. LRP2007-00003 Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: July 16, 2007 Regular Meeting CMO John Tamuloni~ 0 x3656 0~ ~ 15 minutes AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: AGREEMENT TO ANNEX PROPERTY TO THE CITY OF SPRINGFIELD (Progress Investment Group, LLC - Case Number LRP2007-00003) ACTION Consider the terms of an agreement between the City and Progress Investment REQUESTED: Group, LLC for annexing about 7.05 acres of property. Should Council approve the annexation agreement, a resolution and full annexation packet for a brief public hearing and Council action would be part of the July 23, 2007 Council agenda. As property owner, Progress Investment Group, LLC, has requested annexation of about 7.05 acres of property located in the 400 block north of International Way, currently vacant but for a filbert orchard. The annexation would facilitate development of three office buildings as a business park development in the Campus Industrial zone. The legal description and map of the property proposed for annexation is in Attachment 1, Exhibit A. The Annexation Agreement has unique aspects because of the location of the property proposed for annexation and its relation to like/y key future transportation system improvements the City may need in Gateway. ATTACHMENTS: Attachment 1: Annexation Agreement DISCUSSION: The property proposed for annexation abuts the current City limits along its south and west boundaries and sits wholly within the Urban Growth Boundary (UGB). Existing utility connections are available to serve this property along its International Way frontage. In accordance with Springfield Development Code Article 6.030(2), the site can be served with key urban facilities and services, including but not limited to City utilities, police, fire protection, library, parks and recreation, and schools. ISSUE STATEMENT: An Annexation Agreement negotiated between the applicant and City staff (Attachment 1) includes conditions for owner-built private transportation improvements and how they will connect to the public system at Maple Island Road's northern roundabout (Section 1.2). The Annexation Agreement also includes Progress' payment required to fund off-site transportation and stormwater improvements (Sections 1.4 and 1.5). Progress intends to build either a 2/3 or full'private street to City standards as a north leg of the roundabout. The City would, through an Option Agreement (Exhibit B of Attachment 1) have the opportunity to acquire in the future the private transportation improvements by compensating Progress for land costs and private road construction. The City's future cost for acquisition would be Progress' actual/and and construction costs inflated annually by 3% during the ten-year Option period. This unique arrangement was based in part on staff working to obtain and retain the opportunity of a key future link in the Gateway area's transportation system while considering how that link adversely impacts Progress' development--the future right-of-way and street represents nearly one-seventh of Progress' entire site. The Public Hearing and City Council action regarding a Resolution for recommending annexation would occur July 23,2007. If approved, the City Council Resolution would be sent to the Lane County Local Government Boundary Commission as an expedited process at Progress' request. ANNEXATION AGREEMENT July 3,2007 for Progress Investment Group This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City"), and Progress Investment Group, LLC ("Progress"). RECITALS A. Progress owns the parcel(s) of land legally described in Exhibit A and shown on the map attached as Exhibit B (the "Property"). The Property is proximate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commission ("Boundary Commission") following minor boundary change processes. B. Progress has submitted to the City an application to annex the Property to the City, Annexation Application Journal No. LRP2007-00003, dated January 22, 2007, for Assessor's Map No. 17-03-15-40; Tax Lot 500. C. Progress wishes to annex the Property to the City and seeks support from the City for the annexation before the Boundary Commission. The Springfield Common Council has adopted Resolution No. _ supporting the annexation. D. The, Property is currently designated as Campus Industrial on the Metro Plan and is zoned Campus Industrial (CI) on 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 required by 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 that the minimum level of key urban services is currently available to the Property with the exception of long-term off-site transportation and long-term off-site stormwater management facilities. The purpose of this Agreement is to memorialize Progress's and the City's commitment and agreement to the allocation of financial responsibility for those off- site public facilities that are necessary to serve the Property and to meet the City's requirements for the provision of the minimum level of key urban services to the Property necessary for an affirmative City recommendation for the annexation request, including long-term off-site transportation and long-term off-site stormwater management facilities After Recording, Return to: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division Place Bar Code Sticker Here: ANNEXATION AGREEMENT - Page 1 of 10 ATTACf.IMENT 1 F. An interconnected transportation system with the existing and proposed land uses in the Gateway area, including the CI, Community Commercial (CC), Mixed Use Commercial (MUC), Medical Services (MS), and Medium Density Residential (MDR) zones"is required in order to provide access and a transportation system for the movement of goods, services and modes oftravel to and from the annexed property. G. Maple Island Road, generally loc:ated as depicted in Exhibit A, has been identified by the City as an important north-south transportation corridor necessary to serve existing and future development. To extend Maple Island Road north of International Way for the functional needs of the proposed development requires the acquisition of 60 feet of right-of- way along the western boundary as generally shown in Exhibit A. Progress intends to build either two-thirds (2/3rds) of the necessary street improvements, or the full street improvements necessary to connect and modify the northern roundabout at the south terminus of this segment of Maple Island Road. Connecting this segment of Maple Island Road to the northern roundabout on International Way will require some additional dedication of property by Progress around the roundabout to allow modifications made by the City of the existing roundabout and setback pedestrian ways from the roundabout. The design of the pedestrian ways and the required dedications will be sufficient to operate the roundabout safely and may be considered part of the required setbacks. Moreover, to ensure construction and long-term life of the roadway and utilities, the City requires that Progress provide necessary temporary construction easements and permanent utility and slope easements. The estimated total area required for acquisition is 42,600 square feet for the required 60- foot street right-of-way and the additional area for modifying the roundabout. The City will seek to obtain through negotiations with adjacent property owner, Shorewood Packaging, some of the right-of-way for this new segment of Maple Island Road to the west of Progress's subject site and to develop a full street design within the narrowest right-of- way feasible and suitable to accommodate the functions of the existing Shorewood facilities west of the new Maple Island Road, the proposed new facilities currently proposed on Progress's subject site east of the new Maple Island Road, and transportation requirements anticipated by further development in the vicinity of Maple Island Road. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. · An existing public stormwater management system is located in International Way and has the capacity in its 60" stormwater pipe to accept stormwater from Progress's - subject site. · Stormwater management facilities can be built within Progress's riparian setback areas along Maple Island Slough as allowed under the Springfield Development Code and if built to the City of Springfield standards and approved by the City of Springfield. While somestormwater flow currently is northward to the Maple Island Slough along Progress's property, any proposal for alterations and increased flows ANNEXATION AGREEMENT - Page 2 of 10 A TT ACf. IMENT 1 may require Progress to obtain approvals from any affected property owners and appropriate public agencies controlling such stormwater flows and effluent. I. The City requires Progress to grant either an easement or a donation of the area 50 feet south from the top of the bank of the Maple Island Slough to maintain and protect the riparian area along the top of the slough. The easement will allow the City access to the riparian area to maintain and ensure maintenance of the area for stormwater management. The riparian easement shall be included as qualifying for, as may be required or allowed, the open space requirements of the Springfield Development Code for the development of the Property. J. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. An existing 8-inch public sanitary sewer system is located in International Way along the south boundary of Progress's subject site. · The eventual extension of Maple Island Road north of the International Way roundabout would also include an 8-inch sanitary sewer line and may provide an alternative tie-in point for connecting sanitary sewer lines from Progress's proposed development on the subject site to the City's public system. K. The City is requiring Progress to contribute to the funding of the provision of key urban services that benefit the properties but are located off-site. 1. The City is requiring owners proposing to annex properties in the Gateway Area to make financial contributions to assist in funding off-site transportation improvements. For properties zoned CI, the present required financial contribution shall be equivalent to $45,500 per acre in July 2005 dollars. The actual contribution amount shall be determined by increasing the stated contribution amount by the percentage increase in the Engineering News Record's 20-City Construction Cost Index (ENR 20-City CCI). The base index to be used for this calculation shall be 7422, which is the published index rate for July 2005. M. The City is requiring owners proposing to annex properties in the Gateway Area to make financial contributions to assist in funding off-site stormwater improvements. For properties zoned CI, the present required financial contribution shall be equivalent to $14,150 per acre in July 2005 dollars. The actual contribution amount shall be determined by increasing the stated contribution amount by the percentage increase in the Engineering News Record's 20- City Construction Cost Index (ENR 20-City CCI). The base index to be used for this calculation shall be 7422, which is the published index rate for July 2005. N. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Boundary Commission or its successor, and in exchange for the obligations of the City set forth below, Progress agrees to comply with all requirements imposed on Progress in this Agreement. O. With the proximity of the McKenzie River to the Progress site, there are issues related to the floodplain and floodway that affect the area zoned Campus Industrial, including the Progress ANNEXATION AGREEMENT - Page 3 of 10 A TT ACf. IMENT 1 parcel. For development and site design, Progress will use the requirements of the more restrictive data from the currently applicable FEMA maps and the recent floodplain- floodway study using the Corrected Effective Model (CEM) in the McKenzie River Floodplain Assessment and prepared by David Evans & Associates dated November 6, 2002, for the development of Peace Health's RiverBend Hospital. P. The City will propose including the extension of Maple Island Road onto the City's transportation Systems Development Charges (SDCs) list, which will allow Progress to receive transportation SDCs credits for the construction of part or all of the Maple Island Road extension described in Recital G. Now, therefore, based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree a~ follows: AGREEMENT 1. Obligations of Progress. Consistent with the above recitals, Progress agrees to perform the obligations set forth in this section. the purpose of this Agreement, the "Annexation Date" means the later of (i) the date of approval by the Boundary Commission or successor public agency, approving annexation of the Property to the City and the expiration of any applicable appeal periods, or effective date of the annexation if the Boundary Commission or successor public agency approving annexation provides for a delayed effective date. This section is subject to the requirements of Section 7, below. 1.2 In accordance with Recital G, Progress will take access to its development site from the roundabout on International Way at a location determined by the City Traffic Engineer until such time as the Maple Island Road is improved by Progress at which time Progress shall take access from its private road as an extension of Maple Island Road. Should the City acquire the property and improvements constructed by Progress, the City shall grant Progress two access locations approved by the City of Springfield for safe access. Once the Maple Island Road access is opened, the City may, at its discretion, prohibit future direct access from Progress's development to International Way. To connect this segment of Maple Island Road to the northern roundabout on International Way will require some additional dedication of property by Progress around the north roundabout to allow both modifications of the existing roundabout and setback pedestrian ways from the roundabout. The City design of the pedestrian ways and the necessary dedications will be sufficient to operate the roundabout safely and may be considered part of the required setbacks in the Springfield Development Code. The estimated total area required for acquisition is 42,600 square feet for the required 60-foot street right-of-way and the additional area for modifying the roundabout. ANNEXATION AGREEMENT - Page 4 of 10 A TT ACf. IMENT 1 Progress shall, at its discretion, construct either two-thirds (2/3rds) of the necessary width of the necessary street improvements to the extension of Maple Island Road, or the full street improvements necessary to connect and modify the northern roundabout on International Way at the south terminus of Maple Island Road. Progress will continue to own the property and improvements as a private road and shall utilize such improvements as a private road until the City exercises its option to purchase the necessary property and street improvements in the form and on the terms and conditions set forth in the Option Agreement (the "Option") attached hereto as Exhibit B. 1.3 In accordance with Recital G, Progress shall also provide construction easements as needed for the future public road and any utility construction; suitable permanent public utility easements along the entire length of the right of way, as well as suitable slope easements (typically 4:1) as required by the City where necessary to ensure the long-term stability of the road and any public utilities. 1.4 In accordance with Recital L, Progress shall contribute to off-site transportation improvements an amount equivalent to $276,185.00 (Two Hundred Seventy-Six Thousand One Hundred Eighty-Five Dollars) in July 2005 dollars. The actual contribution amount shall be determined by increasing the stated contribution amount by the percentage increase in the Engineering News Record's 20-City Construction Cost Index (ENR 20-City CCI). The base index to be used for this calculation shall be 7422, which is the published index rate for July 2005. The amount is due to the City for off-site transportation improvements (6.07 acres x $45,500 x ENR 20-City CCI adjustment factor). Such payment shall be due not later than one month after the Annexation Date approval by the Boundary Commission or its successor agency. 1.5 In accordance with Recital M, Progress shall contribute to off-site stormwater improvements an amount equivalent to $85,890.50 (Eighty-Five Thousand Eight Hundred Ninety Dollars and Fifty Cents) in July 2005 dollars. The actual contribution amount shall be determined by increasing the stated contribution amount by the percentage increase in the Engineering News Record's 20-City Construction Cost Index (ENR 20-City CCI). The base index to be used for this calculation shall be 7422, which is the published index rate for July 2005. The amount is due to the City for off-site stormwater improvements (6.07 acres x $14,150 x ENR 20-City CCI adjustment factor). 1.6 Provide and be financially responsible, including any construction and maintenance thereof, for the provision of any additional urban facilities and services required as a condition of approval of any land use approval, city permits and/or public improvement plans as necessary to serve the development of the Property. ANNEXATION AGREEMENT - Page 5 of 10 A TT ACf. IMENT 1 2. Obligations of the City. Consistent with the above Recitals, the City agrees to: 2.1 Initiate and support annexation of the Property to the City of Springfield before the Boundary Commission or its successor agency and support Progress's defense of any appeal of a decision of the Boundary Commission annexing the Property to the City. However, the City will not assume any financial responsibility to provide legal counselor fees on appeal. 2.2 Conduct the timely review and decision making of the Site Plan Review, Tree Felling Permit, Drinking Water Protection District Overlay application, Floodplain Overlay application and Public Improvement Plan applications that may be submitted in the future in accordance with City procedures for the development of the Property, provided that Progress shall pay for all required permit fees and costs including those required for peer review and expedited review if the City subsequently agrees to any request by Progress for expedited review of permit applications it may seek. . 2.3 Should Progress construct only two-thirds (2/3rds) of the necessary improvements, the City may build or cause to be built the remaining one-third (1I3rd) width street improvements to Maple Island Road north of the International Way roundabout and make improvements necessary to connect and modify the north roundabout at the south terminus of this segment of Maple Island Road. Connecting this segment of Maple Island Road to the northern roundabout on International Way will use property dedicated by Progress around the roundabout to allow modifications of the existing roundabout and setback pedestrian ways from the roundabout. The City design of the pedestrian ways and the required dedications will be sufficient to operate the roundabout safely and may be considered part of the required setbacks for the Progress development. The .estimated total area required for dedication is 42,600 square feet for the required 60-foot street right-of-way and the additional area for modifying the roundabout. 2.4 Should the City acquire the property and improvements from Progress, the City shall grant Progress two access points from Maple Island Road at no cost to Progress and at two access locations approved by the City of Springfield for safe access. These future access locations may be proposed, specified, and approved in the development review process for the current development as a future substitute for the entrance proposed off the northeast quadrant of the International Way roundabout to Progress's development. Progress would pay for any improvements on Progress property necessary for connecting to Maple Island Road. 2.5 The City will seek to obtain through negotiations with adjacent property owner, Shorewood Packaging, some of the right-of-way for this new segment of Maple Island Road to the west of the Progress subject site and to develop a shared full street design within the narrowest right-of-way feasible-on the Progress site and suitable to accommodate both the functions of the existing Shorewood facilities west of the new Maple Island Road, for the proposed new facilities planned on Progress's subject site east of the new Maple Island Road, and transportation requirements anticipated by further development in the vicinity of Maple Island Road. ANNEXATION AGREEMENT - Page 6 of 10 ATTACf.IMENT 1 2.6 In accordance with Recital I, Progress shall receive a stormwater Systems Development Charge (SDC) credit up to the value of the 50-foot stormwater easement granted to the City or the property dedicated to the City along the top-of- bank for stormwater maintenance purposes in the riparian area of M<:lple Island Slough. 2.7 As described in Recital 0, the City shall propose adding Maple Island Road to the City's SDC eligible project list. The City shall credit Progress up to the full amount of the eligible transportation SDC credits to Progress's proposed development of the Property. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and, as such, shall run with 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 and burden upon the Property. This Agreement shall be recorded upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by Progress and shall benefit any assigns or successors in interest to Progress. Execution of this Agreement is a precondition to the support of the City of the annexation of the Property to the City. Accordingly, the City retains all rights for enforcement of this Agreement. Notwithstanding any other provision of this Agreement, this Agreement shall not be enforceable by the City against Progress or the Property unless and until annexation of the Property to the City has been approved by the Boundary Commission and all applicable appeal periods have expired. If such annexation approval is not obtained for the Property, then the parties shall record an appropriate instrument declaring this Agreement null and void. 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of appropriate City permits. 5. Mutual Cooperation. The City and Progress shall end~avor to mutually cooperate with each other in implementing the various matters contained herein. 6. 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 City CounciL.. This Agreement shall not be modified such that the minimum level of key urban facilities and services as required by Metro Plan Policy 8a and b, p.II-C-4 and as required herein are not provided in a timely manner to the Property. 7. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of state law or regulations of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of the Property. Nothing herein shall be construed as the City providing or agreeing to provide approval of any building, land use, or other development application or land and drainage alteration permit application submitted by Progress. Progress is responsible for obtaining at Progress's cost all state or federal permits and any other approvals as may be required. 8. Dolan. Progress knows and understands its rights under'Dolan v. City of Tigard, 512 U.S. 374,114 S. Ct. 2309 (1994), and by entering into this Agreement hereby waives any requirement ANNEXATION AGREEMENT - Page 7 of 10 A TT ACf. IMENT 1 that the City demonstrate that the public improvements and other obligations of Progress for payments, financial responsibility and reimbursements set forth in Section 1 and 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. Progress further waives any cause of action it may have pursuant to Dolan v. Ciry of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 9. Waiver of Right of Remonstrance. Progress 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. Progress does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to Progress to be inequitable or operate unfairly upon the Property. Progress waives any right to file a written remonstrance against these improvements. Progress does not waive its right to comment upon any propo~ed Local Improvement District (LID) or any related matters orally or in writing. 10. Ballot Measure 37. Progress hereby waives any claims to compensation it may have under Ballot Measure 37 now existing, existing at the date of the Boundary Commission's approval of Progress's annexation request; bills enacted by the legislature or approved through the initiative or referendum process or referred by the legislature which provide claims under Ballot Measure 37 or similar compensation, provided, however, that this waiver does not extend to any Ballot Measure 37 claims that are created by new land use regulations enacted after the date of the Boundary Commission's approval of the annexation request. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of this Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. DATED this Sday of -S""\~ ' 2007. IN WITNESS WHEREOF, Progress and the City have executed this Agreement as of the date first herein above written. STATE OF OREGON COUNTY OF LANE } ss ANNEXATION AGREEMENT - Page 8 of 10 A TT ACf.IMENT 1 BE IT REMEMBERED that on this - .fJCJ11 day of (J 11 ) L,L'2007 before me, the undersigned, a notar public in and for said County and State~ally appeared the within named whose identity was roved to me on the basis of satisfactory evidence and w by me duly sworn, did say that ' 'is/are the ~~J\ l CU) of he wi hin named limited liability company and does acknowl ge said instrument to be the free act and deed of said limited liability company and was signed on behalf of said limited liability company by authority of its members. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~. I(. l. Notary Public for OfFiCIAl SEAL LAURA K CANADAY NOT.A.RY Pl.IBUC.QREa COMMISSION NO. 37_ MY COMMISSION EXPIRES.uUI.., Gino Grimaldi, City Manager REVIEWED & APPROVED AS TO FORM, \ . ~~~ --..J ~\n DATE:~ OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD By: STATE OF OREGON COUNTY OF LANE } ss BE IT REMEMBERED, that on this day of , 2007 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he is the City Manager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES ANNEXATION AGREEMENT - Page 9 of 10 ATTACf.IMENT 1 13xHtBI'T'A LEGAL DESCRIPTION Parcell of Land Partition Plat No. 94-P050l, as filed and platted May 6, 1994, Official .Records of Lane County, Oregon. EXCEPTING THEREFROM that portion conveyed to the City of Springfield by Deed recorded February 21, Z003, Reception No. 2003-015537, Lane County Oregon Deed Records, as follows: Tract B: A portion of Tax Lot 1703 154000500 (Northerly of International Way): Beginning at the Southwest comer of Parcell of Land Partition Plat No. 94-P050l, Plat Records of Lane County, Oregon, filed as County Survey No. 31948, May 6, 1994, in the office of the Lane County Surveyor, Lane County, Oregon; thence North 000 00' 39" Ea~t, a distance of 15.08 feet along the Westerly line of said Parcel 2 to a point; thence with a non-tangent curve turning to the right, with an arc length of 41.25 feet, with a radius of 112.00 feet, with a chord bearing of North 670 5Z' 51" East, and a chord length of 41.0 1 feet to a point of compound curvature; thence with a curve turning to the right, with an arc length of 53.77 feet, with a radius of 65.00 feet, with a chord bearing of ~outh 720 02' 55" East, and a chord length of 52.25 feet to a point of compound curvature; thence with a curve turning to the left, with an arc length of 2229 feet, with a radius of 45;00 feet, with a: chord bearing of South 61022' 39" East, and a chord length of2Z.06 feet to a point of compound curvature; thence with a curve turning to the left, with an arc length of 31.45 feet, with a radius of 150.00 feet, with a chord bearing of South 81058' 41" East, and a chord length of 3 1.39 feet to a point on the Southerly line of said Parcel 2 being also the Northerly right-~f-way line ofInternational Wfrj; thence along the Northerly right-of-way line of International Way, North 89046' 5Z" West, a distance of 138.16 feet to the point of beginning, in the City of Springfield., in Lane County, Oregon. Basis of bearing for the description of both tracts is the cornmon Easterly line of Land Partition Plat No. 94-P0500, Westerly line of Land Partition Plat No. 94-P050 1. ANNEXATION AGREEMENT - Page 10 of 10 A TT ACf.lMENT 1 EXHIBIT B Exhibit B is the Option Agreement to purchase the private road and road right-of-way referenced in the ,Annexation Agreement. A draft of the Option that conforms to the Annexation Agreement terms will be available at the meeting for Council to review. A TT ACf.IMENT 1