HomeMy WebLinkAboutResolution 07-36 07/16/2007
RESOLUTION NO 07-36
A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY
OF SPRINGFIELD INCLUDING EXTRA-TERRITORIAL EXTENSION OF SANITARY
SEWER SERVICE TO THE SUBJECT SITE AND REQUESTING THAT THE LANE
COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE
ANNEXATION BY EXPEDITED PROCESS.
WHEREAS, the City received an application to annex 0.45 acres into the City of Springfield
from Betty Trotter, said territory being described as follows:
Township 17 South, Range 3 West, Section 33, Map 11, Tax Lot 600, as more particularly
described and generally depicted in Exhibit A ofthis Resolution.
WHEREAS, the proposal includes an extra-territorial extension for extension of sanitary
sewer serVice to the subject site along and within the full right of way width of Anderson
Lane from the south boundary of subject site to a point 50 feet north of the northerly
boundary, said territory being included in the property more particularly described and generally
depicted in Exhibit A of this Resolution; and,
WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban Growth
Boundary, and is adjacent to the City Limits; and
WHEREAS, the City Council is authorized by ORS 1 99.490(2)(a)(B) to initiate annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to
be annexed and written consent from owners of more than half the land in the territory proposed
to be annexed; and,
WHEREA~, the property owner of certain territory signed a consent to annex (Exhibit B); and,
WHEREAS, no electors reside within the territory; and,
WHEREAS, the City Council is authorized by Springfield Development Code 6.070 and ORS
222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in
the annexation proposal can be provided with the minimum level of key urban facilities and
services in an orderly and efficient manner as defined in Eugene-Springfield Metro Area General
Plan Policy 8, page II-B-4; and where there will be a logical area and time within which to
deliver urban services and facilities; and
WHEREAS, minimum level key urban facilities and services defined in the Eugene-Springfield
Metro Area General Plan, page V -3 as wastewater service, storm water service, solid waste
management, water service, fire and emergency medical services, police protection, city-wide
parks and recreation programs, electric service, land use controls, communications facilities and
services, and public schools on a district-wide basis can be provided; and
WHEREAS, an annexation agreement has been proposed for execution by the City of Springfield
and the applicant which will memorialize the applicant's and the City's commitment and
agreement to the allocation of financial responsibility for those long-term off-site public street,
storm water and sanitary services necessary to serve the property and to meet the City's
requirements for provision ofthe minimum level of key urban services; and
WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's
request for expedited processing to the Lane County Local Government Boundary Commission
when an annexation agreement is ente~ed into by the City of Springfield and Betty Trotter; and
WHEREAS, the City supports the applicant's request for expedited Boundary Commission
processmg.
NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL
OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby recommend approval of
the annexation of the subject territories to the City by the Lane County Local Government
Boundary Commission, Lane County, Oregon, said territory being described as follows:
Township 17 South, Range 3 West, Section 33, Map 11, Tax Lot 600, as more
particularly described and generally depicted in Exhibit A of this Resolution.
Section 2: This resolution shall take effect upon adoption by the Common Council of the City of
Springfield and approval by the Mayor.
Section 3: This Council recommendation is contingent upon the execution of an annexation
agreement satisfactory to the City of Springfield.
Section 4: The City Council recommends that the Boundary Commission expedite this
annexation.
Section 5: The City Manager shall forward this resolution supporting the applicant's request for
expedited processing to the Lane County Local Government Boundary Commission only upon
receipt of the of the executed annexation agreement, entered into by the City of Springfield and
the applicant.
ADOPTED by the Common Council of the City of Springfield this ~th day of July 2007 by a
vote of ~ for and ...L against.
APPROVED by the Mayor of the City of Springfield this -1.Q. th day of July 2007.
ATTEST:
~~
City Recorde
Mayor
REVIEWED & APPROVED
A~ TO FORM
..-.J (:)'>e.Er...., ~ \..~~
DATE:~
OFFICE OF CITY AT ORNEY
RESOLUTION NO. 07-36
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Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. f0r the
Northeast corner of a certain half acre tract: said stone heing according to survey J 8.01 chelins
East of a point 9.78 chains South of the Southeast corner of the Melhlon H. Harlow Donation
Land Claim No. 57, in Township 17 South, Range 3 West, Willamette Meridian, and running
thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E. Campbell
Donation Land Claim No. 59, thence South along said West line ofClnim No. 59, 2.879 chains:
thence East 1.58 chains to the place of beginning, in La'ne County. Oregon.
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EXTRA TIERR~TOR~AL AREA
Beginning at the Southwest corner of Parcel 3 of Land Partition Plat 2003-P1699
recorded for public record at Reception No. 2003-084617 September 2,2003, Lane
County Deeds and records in Lane County, Oregon; thence Northerly along the East
Right of Way of Anderson Lane, 50 feet; thence leaving the East right of way line of
Anderson Lane at right angles thereto, Westerly 50 feet to the West right of way of
Anderson Lane; thence, thence Southerly along the West right of way of Anderson Lane,
240.01 feet; thence leaving the West right of way of Anderson Lane, at right angle
thereto, Easterly 50 feet to the Southwesterly corn~r of that tract ofland described in a
deed from West Coast Investment Group LLC to Betty Trotter recorded for public record
November 19,2004 at Reception No. 2004-089458, Lane County Deeds and Records in
Lane County, Oregon; thence along the Easterly right of way of Anderson Lane 109.01
feet to the point Of beginning, all in Lane County, Oregon.
EXTRA TERR~TOR~AL AREA
Springfield. OR
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ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Betty Trotter ("APPLICANT").
RECITALS
A. APPLICANT owns the parcel of land legally described in Exhibit A (the "Property"), and
shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commission ("Boundary Commission") following minor boundary change
processes.
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2006-
, 00007, dated January 11,2006, for Assessor's Map No. 170333 11, Lot 00600 (the
"Property") .
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission. The Springfield Common Council has
adopted Resolution No. _ supporting the annexation.
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.070(2) that the Property can be
provided with the minimum level of key urban facilities and services as defmed in the Metro
Plan Policy 8a, p.II-B-4, and such showing is supported by the substantial evidence in the
record of the proceeding on this annexation. City staffhas determined the minimum level of
key urban services is currently available to the Property with the exception of public sanitary
sewer service, public storm water 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 offmancial
responsibility for public facilities and services for the Property and other users of the
facilities, sufficient to meet the City's requirements for the provision of key urban services,
including long-term public sanitary sewer, stormwater management, street improvements
and fire and life safety services necessary for an affrrmative City recommendation for the
annexation request.
F. 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
fmding that this key urban service is available to serve the Property.
After Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Place Bar Code Sticker Here:
Revision Date 12/18/2006
ANNEXA nON AGREEMENT - Page 1 of 7
{
. An existing 8-inch public sanitary sewer ends approximately 45 feet north of the
north property line of the Property. This sanitary sewer system was not intended to
serve the Property or other lands to the south due to its shallow construction.
. Permanent sanitary sewer service is planned to be provided by extending a sanitary
sewer from the existing sewer line at Walnut Place, located approximately 1000 feet
south of the Property, via a northerly extension along Anderson Lane. This new
sewer main shall hereinafter be referred to as the "Sanitary Sewer Main Extension".
. Temporary sanitary sewer service to the Property will be provided by allowing a
connection to the shallow sanitary sewer manhole to the north, with the intent to
connect to the permanent Sanitary Sewer Main Extension to the south, along
Anderson Lane, sometime in the future.
G. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
. An existing public storm water management system is located in excess of 1000 feet
to the south of the Property at Walnut Place. A new public stormwater line is
planned to be constructed in Anderson Lane to serve the Property and other lands in
the future. This new storm water line shall hereinafter be referred to as the
"Stormwater System Extension".
o A stormwater manhole exists approximately 320 feet north of the north line of the
Property, in Anderson Lane, just south of Kellogg Road. However, this system is
too shallow to be extended to serve the Property.
. The APPLICANT has performed a percolation test for the soil on the Property and
proposes to construct properly designed drywells to manage rooftop stormwater
drainage.
H. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
. The Property is adjoined by Anderson Lane on the west. This public street is
currently maintained by Lane County. Anderson Lane is partially improved, with a
strip of pavement with curb and gutter on the west side, but no sidewalks on either
side.
. The right-of-way for Anderson Lane is 50-feet wide along the frontage of the
Property .
. The Springfield Development Code allows that if a property is not contiguous to a
fully improved street frontage, an Improvement Agreement is required for the future
improvement of the street to full urban standards.
I. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
affirmative recommendation for annexation to the Boundary Commission, and in exchange
for the obligations of the City set forth below, APPLICANT shall comply with all
requirements imposed on APPLICANT in this Agreement.
ANNEXATION AGREEMENT - Page 2 of 7
Revision Date 12/18/2006
'}.
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 Partition and Public Improvement Plan approvals, APPLICANT agrees to perform the
obligations set forth in this section.
1.1 Apply for Tentative Partition Plan approval from the City, pursuant to Springfield
Development Code Article 34, to partition the Property within six (6) months of the
effective date of the Boundary Commission's approval of APPLICANT's annexation
request. This section is subject to the requirements of Section 8, below.
1.2 Apply for, and obtain, Partition Plat approval from the City, pursuant to Springfield
Development Code Article 34, for a Partition on the Property within two (2) years,
unless extended by the City, of the date of the Limited Land Use Decision issued by
the City for Partition Plan approval issued pursuant to Section 1.1, above. This
section is subject to the requirements of Section 8, below.
1.2.1 APPLICANT agrees and understands that their proposed connection to the
sanitary sewer system is temporary.
1.2.2 APPLICANT is required to participate, in the manner described herein, in the
construction of the Stormwater System Extension, and connect to this new
stormwater system when it becomes available.
1.2.3 APPLICANT is required to participate, in the manner described herein, in the
construction of the Sanitary Sewer Main Extension, and connect to this new
sanitary sewer system when it becomes available.
1.2.4 APPLICANT further agrees that if the temporary sanitary sewer system fails
or the stormwater fails to percolate within the private infiltration facilities,
then APPLICANT is fully responsible to provide alternative sanitary sewer
and/or stormwater facilities to the satisfaction of the City.
1.2.5 APPLICANT further agrees to hold the City harmless for any and all claims
that may arise from any delay of the development of the Property as a result
of the City's performance, or lack thereof, on completing the street, Sanitary
Sewer Main Extension or Stormwater System Extension.
1.2.6 Prior to or concurrent with Partition Plat approval by the City for any portion
of the Property, APPLICANT shall sign Improvement Agreements for each
lot. Said Improvement Agreements will provide for urban standard streets,
sidewalks, street lights, Sanitary Sewer Extension, Stormwater System
Extension, and other public infrastructure as may be deemed necessary by the
City. The Improvement Agreements obligate the owner(s) ofthe Property to
Revision Date 12/18/2006
ANNEXA nON AGREEMENT - Page 3 of 7
{
pay their proportionate share of the cost, as determined by the City, to design
and construct the urban standards improvements.
1.3 Develop on-site and off-site public sanitary sewer conveyance systems as needed to
provide sanitary sewer service to the development as follows:
1.3.1 Subject to City Engineer approval of the requisite Public Improvement Plans,
construct a temporary public sanitary sewer system that connects to the
existing shallow sanitary sewer system to the north of the Property.
1.3.2 APPLICANT shall bear the full cost and obligation to design and construct
the temporary public sanitary sewer system that connects to the existing
shallow sanitary sewer system to the north of the Property, including but not
limited to engineering costs, permit applications and fees, legal costs,
construction and inspection costs, and the preparation of as-built plans.
1.4 Develop on-site and off-site public stormwater management systems as needed to
provide drainage service to the development as follows:
1.4.1 Prior to occupancy approval for any new structure on the Property,
. APPLICANT shall properly design and construct drywells, as approved by
the City, to serve the rooftop drainage of each lot. Said drywells shall be
privately owned and maintained by the APPLICANT or their heirs,
executors, assigns, administrators and successors.
1.4.2 Grant to the City the easements necessary to access, operate, and maintain a
public stormwater management system on the Property, if needed.
Easements for piped portions of the system will be a minimum of 14- feet
wide and may be wider depending upon the 'size and depth of the pipes within
the easement. Easement widths for open channel portions of the system shall
be determined based upon the design width of the channel plus 10 feet on one
side and 25 feet on the other side to accommodate access and maintenance by
City personnel and equipment. Actual easement widths and locations will be
determined during the Partition Tentative Plan review.
1.4.3 APPLICANT shall bear the full cost and obligation to design and construct
the stormwater drywells to serve the rooftop drainage of each lot, including
but not limited to engineering costs, permit applications and fees, legal costs,
construction and inspection costs, and the preparation of as-built plans.
1.5 Develop on-site and off-site public transportation systems to provide transportation
service to the development as follows:
1.5.1 Subject to Partition Plat approval and City Engineer approval of the requisite
Public Improvement Plans, APPLICANT shall sign Improvement
Agreements for each lot to obligate the owner(s) of the Property to pay their
proportionate share ofthe cost, as determined by the City, for the future
ANNEXA nON AGREEMENT - Page 4 of 7
Revision Date 12/18/2006
"
design and construction of Anderson Lane as a fully-improved public street
along the frontage of the Property.
1.5.2 A maximum of one (1) public street connection will be permitted for each
proposed new lot.
1.6 Provide and be fmancially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Partition
Tentative Plan and/or the Public Improvement Plans as necessary to serve the
development of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of
construction shall be estimated. For the purposes of this Agreement, the full cost
shall include design, construction, acquisition of land and/or easements, studies,
permits from all agencies having jurisdiction, attorney's fees, and all other costs
reasonably associated with the implementation of the needed improvements.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Boundary
Commission and support APPLICANT's defense of any appeal of a decision of the
Boundary Commission annexing the Property to the City. However, the City will
not assume any financial responsibility to provide legal counsel on appeal.
2.2 Conduct the timely review and decision making of the Partition Tentative Plan and
Public Improvement Plan applications, in accordance with City procedures, for the
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, at APPLICANT's expense, upon its execution
in the Lane County Deeds and Records. Ibis Agreement may be assigned by APPLICANT
and shall benefit any assigns or successors in interest to APPLICANT. Execution of this
Agreement is a precondition to the support of the City for annexation of the Property
described in Exhibit A to the City. Accordingly, the City retains all rights for
enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be developed prior to the
City approval of a Partition Tentative Plan, and Public Improvement Plans for the temporary
sanitary sewer connection to the existing shallow sewer system to the north of the Property.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
Revision Date 12/18/2006
ANNEXATION AGREEMENT - Page 5 of7
6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,
petitions, consents and all other documents necessary to obtain the public facilities and
services described herein as benefiting the Property, under any Improvement Act or
proceeding of the State of Oregon, Lane County or the City and to waive all rights to
remonstrate against these improvements. APPLICANT does not waive the right to protest
the amount or manner of spreading the assessment thereof, ifthe assessment appears to
APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives
any right to file a written remonstrance against these improvements. APPLICANT does not
waive its right to comment upon any proposed Local Improvement District (LID) or any
related matters orally or in writing.
7. Modification of Agreement. This Agreement may only be modified in writing signed by
both parties. Any modifications to this Agreement shall require the approval of the
Springfield Common Council. This Agreement shall not be modified such that the key
urban facilities and services as defined in theMetro Plan Policy 8a., p.II-B-4 and as
required herein are not provided in a timely manner to the property.
8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to
the use and development of this Property. Nothing herein shall be construed as the City
providing or agreeing to provide approval of any building, land use, or other development
application or Land and Drainage Alteration Program (LDAP) permit application submitted
by APPLICANT.
9. APPLICANT knows and understands its rights under Dolan v. City of Ti€!ard and by
entering into this Annexation 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
rougWy proportional to the burden and demands placed upon the urban facilities and
services by the development and to the impacts of the development of the Property.
APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of
Tigard and its progeny arising out of the actions described herein.
10. APPLICANT knows and understands any rights they may ~ave under Oregon Revised
Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2,
2004. APPLICANT for itself and its heirs, executors, assigns, administrators and
successors hereby waives any claim or cause of action they may have under such ORS
provisions against the City.
11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shall not affect the enforceability or validity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the
Agreement and the rights and liabilities of the parties hereto shall be determined in
accordance with the laws of the State of Oregon.
ANNEXATION AGREEMENT - Page 6 of 7
Revision Date 12/18/2006
...,
DATED this ~ day of~\w-y, 200~
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
fIrst herein above written.
APPLICANT
/J~
~~
Betty Trotter
(OWNER)
STATE OF OREGON }
COUNTY OF ~If\..c!.t ss
BE IT REMEMBERED that on this \13 ~ day of ~l'Y' '\o(Yr ,200 kYefore
me, the undersigned, a notary public in and for said County and State, personally appeared the
within named Betty Trotter whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrument and acknowledged to me that
Betty Trotter executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
~C~~ ~. w9u4
Notary Public or Oregon
CITY otiJ
By: ~
.
Gino Grimaldi, City Manager
lD'/ lID /~O o~
My Commission Expires
STATE OF OREGON
COUNTY OF LANE } ss
BE IT REMEMBERED that on this 1'7 -1:1: day of J u..L~ ,2007 before
me, the undersigned, a notary public in and for said County and Stdte, 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.
OFFICIAL SEAL
TERESA J WHITE
NOTARY PUBLIC .,OREGON
COMMISSION NO. 385682
MY COMMISSION EXPIRES.OCT. 16.2008
N~ul~ON
OFFICIAL SEAL
_ AMY LSOWA
: \ NOTARY PUBLIC - OREGON
\" ,./ COMMISSION NO. 397942
,. MY COMMISSION EXPIRES NOV. 2;.1,2009
I (-";;d~d'()b '1
MY COMMISSION EXPIRES
(V): Development Review/DRCI2006/LRP2006/LRP2006-00007, Trotter on Anderson Lane
Revision Date 1211 8/2006
ANNEXA nON AGREEMENT - Page 7 of 7
.~~;";~
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.:~{. Exhibit A
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Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. for the
Northeast corner of a certain hal f acre tract; said stone heing according to survey 18.03 chnins
East of a point 9.78 chains South of the Southeast corner of the Mahlon H. Hnrlo\V Donation
Land Claim No. 57, in Township 17 South, Range 3 West. Willamette Meridian. and running
thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E. Campbell
Donation Land Claim No. 59, thence South along said West line of Claim No. 59.2.879 chains;
thence East 1.58 chains to the place of beginning. in La'ne County. Oregon.
"
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