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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 r~~~ '" 'l , '~~. Exhibit A " '. . 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. " ',>> , \ ;' CXIf roT A A-I /4 -1 NE1 /4 SEC. 33 T.17S. LANE COUN1Y R.3W. W.M. 17 03 33 1 1 ~~,s.,J.$'iJ4.I'~1. f al I I c; 1,-""". , <: q, ~ C!l i ~. cr :::::r;;; . q I"? i~ '0 ii f ~ ~ 1 ~ i <r j"'.- ~ I LINE TABLE co 42.' ...."5lJ'Ot''W U .~.. ".'011I'OI" [ U 4.-H' " ....- ..4"__[ U ..iii' ... ...'.10....' " .... CASl LlI 4.,24' "."1O'OIo( .. ..... "44~''W ~ .. 114"lG"GI'C ~ Ul ..... 11I+4">>"00''\1 I"l ... ...H' I d'lII'U'" V I"l .., ....lI. S .0..... ... 0 ... .lOr S ,,.... \J ,... CO, ,...6l' t~44'lII"C ... 11.:W S "'']1'W' C ~ .., .... 'M" CO, ......, I ""0'7'~.[ ... ,.;w III ".'l't'lIQ"'W UJ ... U.,,. 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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. 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A-12\" ~ ~ ():,<:-- 1 ()' ~ ,1_d'-' '\ 117.4' ~11 I'a 40 "......,1..0 117.... 410 ,0 ~ I . 407 . " ~ a: ~ w" z. " >- ~. <!: a: 8 .". 0#' J;?~:,w .' - I \ '~7 'f~-l':;~ I6VUIII~.11T ~, 7 N ~s',.; I~'" .;/, .we 'LL.. //7.<#' N.I'''.-~'",,- "'M>>'" .r.r " , tI'''~J'w .409 , \ ~ 17 03 33 1 1 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 .~~;";~ ',>> '.. 'l .:~{. Exhibit A , " . ' 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. 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