HomeMy WebLinkAboutItem 29 Agreement to Annex Property to the City of Springfield (Progress Investment Group, LLC - Case No. LRP2007-00003
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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