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Resolution 19-59 RESOLUTION 19-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING THE POLICIES DISCOURAGING DESTRUCTION OF NATURAL RESOURCES AND SIGNIFICANT TREES PRIOR TO ANNEXATION WHEREAS,the "Policies Discouraging Destruction of Natural Resources and Significant Trees Prior to Annexation" (the "Policies")were originally adopted by Resolution 04-38 on May 18, 2004; and WHEREAS, it has been over 15 years since the Policies were adopted, and the City Council finds that the timeframe for the applicability of the policies should be revised from the effective date of the original Policies to a more limited timeframe; and WHEREAS, updates are needed to reflect code changes that have occurred since the Policies were originally adopted and to better assure any required mitigation will not conflict with future development; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The "Policies Discouraging Destruction of Natural Resources and Significant Trees Prior to Annexation" are amended as shown on attached Exhibit A (new text bolded and double- underlined, deleted text shown with strikcthroug14) Section 2. Effective Date. This Resolution shall take effect upon adoption. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 3rd day of December 2019. AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff NOES: None EXCUSED: None ABSTAIN: None '4" ad Lola/cc 6, Kent Studebaker, Mayor ATTEST: 0/1' 1& Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: Resolution 19-59 Page 1 of 2 „74664e,/ David Powell, City Attorney Resolution 19-59 Page 2of2 RESOLUTION 19-59 EXHIBIT A Proposed revisions are shown in strikeout for deleted text and bold, double-underline for new text. Comment boxes are included explaining the rationale for the revisions. The formatting and comment boxes will be removed for the final draft of the Resolution. POLICIES DISCOURAGING DESTRUCTION OF NATURAL RESOURCES AND SIGNIFICANT TREES PRIOR TO ANNEXATION Purpose: To encourage property owners interested in petitioning the City for annexation to preserve and protect natural resources and significant trees prior to annexation. Background: The City of Lake Oswego has inventoried, evaluated, mapped and developed a protection program for hundreds of acres of stream corridors, wetlands and tree groves within its planning area (LOC Article 50.1650.05.010 and 50.07.004.8). This planning area includes lands outside the City limits but within the City's Urban Services Boundary. In this unincorporated area, the City and other jurisdictions have agreed that the City is the most logical future provider of urban services and, according to state law, should plan for land use and transportation needs in those areas. It is anticipated that, at some point in the future, properties within the City's Urban Services Boundary will eventually seek annexation, typically for future development purposes or to receive City services. Staff Comment: This change updates the reference to the Sensitive Lands code section, which was renumbered when the CDC was reorganized in 2012. On several occasions, the City has received petitions to annex properties within the unincorporated areas of the Urban Service Boundary on which trees have been cut, vegetation removed and streams degraded. Although these actions may not have been regulated by the County, in some cases they would violate City natural resource protection requirements. Removal of natural resources contributes to erosion and water quality issues resulting in degradation of wildlife habitat and siltation buildup in waterways. When such properties are subsequently annexed, the City may become obligated to develop programs and expend funds to mitigate the negative effects of natural resource removal. These types of actions gain additional importance in light of the listing of salmonid species under the Endangered Species Act in the Tualatin and Willamette Rivers and their tributaries, which receive stormwater runoff and other drainage from within the City. In addition, several creeks within the northerly portion of the unincorporated Urban Services Boundary are tributaries of Tryon Creek, which is a fish-bearing stream. The County, the City and private citizens should work together to ensure that their programs and activities are "salmon safe." Page 1 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A Removal of significant trees, whether or not within a protected tree grove, can have a negative effect upon aesthetics and natural processes, and should be discouraged in areas subject to annexation unless the criteria for tree removal under the City Code have been meet. I. Policy for parcels from which trees of a certain size and species have been removed: The City Council declares that it will decline a petition for annexation of a parcel pursuant to ORS 222.125 or 222.170 if a tree of a size and species listed in the procedures below has been removed from the property within 10 years prior to the date the annexation petition is filed with the City following the date of this policy under circumstances that, in the determination of the City Manager, would not have warranted issuance of a permit for the removal of the tree under the criteria of the Lake Oswego Tree Code, unless the property owner: • Mitigates for the removal of the each tree at a 3:1 ratio to the satisfaction of the City Manager by planting-a trees of the same or similar species 15 to 20 feet tall and with a trunk size of 5 to 12 that are a minimum 3-inch caliper at the time of plantings on the same property_The priority locations for planting the mitigation trees shall be within a required setback based on the Comprehensive Plan zone designation for the property, in a legally reserved open space or undevelopable area, or in an area that is separated from the developable remainder of the property by an undevelopable area or feature. in approximately the same location as the removed tfee If in the City's determination there is insufficient space on the property to accommodate all of the required mitigation trees,the property owner shall pay into the City of Lake Oswego Tree Fund the Tree Mitigation Fee as established in the Lake Oswego Master Fees and Charges for each mitigation tree that cannot be accommodated on the property in addition to the restoration fee required, below; • Successfully maintains the replacement trees for at least three years prior to annexation, and commits to maintain the mitigation for at least two years following annexation;and • Pays a restoration fee into the City of Lake Oswego Tree Fund in the amount as established by the Tree Code Fees in the City's Master Fees and Charges of the value of the removed tree. Compliance with this policy shall not be deemed to assure that the City Council will approve the annexation petition. This policy shall not be construed as preventing the Council from exercising its full discretionary authority in granting or denying petitions for annexation as otherwise permitted by Oregon law. This policy applies to annexations that are initiated or requested by the Page 2 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A Staff Comment: Changes the timeframe for applicability of the policy to 10 years prior to annexation per Council direction at the October 15, 2019 study session. Keeping the timeframe for applicability to the date of the adoption of the policy,which was May 18, 2004, creates a longer and longer timeframe as years pass in which staff must determine whether trees were removed from the site in violation of this policy. The change to a 10-year timeframe from the date the annexation petition is filed provides a substantial deterrent to tree removal prior to annexation while maintaining a reasonable timeframe in which staff can determine if trees were removed in violation of this policy. Also changes the tree mitigation requirements to require more mitigation trees,but with a smaller caliper inch size, in order to better assure survival and because the availability of larger caliper mitigation trees,particularly larger caliper native trees, is more limited. Additionally,requires mitigation trees be planted in undevelopable areas such as setbacks or legally reserved areas, if available,rather than in the same general location that the trees were removed from. This reduces the likelihood that the mitigation trees would need to be removed for future development after annexation. If there is insufficient space to accommodate all the mitigation trees on site, the resolution allows for a payment into the Tree Fund instead. Also ties the restoration fee to the tree restoration fee as established by the City's Master Fee and Charges instead of the value of the removed tree,which is more ambiguous. owners of the property to be annexed and that require the consent of owners or electors under ORS Chapter 222. It does not apply to annexations by election under ORS Chapters 222 or 195 or to non-consensual "island" annexations. This policy applies notwithstanding the election requirements of Section 57 of the Lake Oswego Charter, which requires a City-wide vote prior to annexation of parcels within certain portions of the Stafford Area. If the owners of a parcel in that area initiate or request annexation contrary to this policy, the City Council will decline to refer the proposed annexation for a vote under Section 57. Procedure: 1. Upon receipt of an annexation petition, the City Manager will determine whether a tree of a species and size greater than or equal to that listed below has been removed from the site within 10 years prior to the date the annexation petition was filed with the City following the date of this policy: Species Common Name Size (dbh) Quercus garryana Oregon white oak 08" Pseudotsuga menziesii Douglas-fir 18" Thuja plicata Western red cedar 12" Pinus Pondersosa Ponderosa pine 12" Other Deciduous and horticultural tree species 20" Other evergreen and conifer trees 18"Taxus BrevifoliusWcstcrn Ycw Western YewToxus Brcvifolius 05-6" Page 3 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A Staff Comment: Changes the timeframe for applicability for the policy from the date of adoption of the resolution to a 10-year timeframe from the date the annexation petition is filed. Changes the size of the western yew that is subject to this policy from 5"to 6"DBH to reflect the 2016 amendment to the Tree Code,which changed the size of regulated trees from 5"to 6" DBH. 2. If the City Manager determines that such a tree has been removed, the City Manager shall then allow the property owner an opportunity to establish, to the satisfaction of the City Manager, that the circumstances of the removal would have warranted issuance of a tree removal permit under the criteria of the Lake Oswego Tree Code. 3. If the City Manager determines that the property owner has established that the circumstances of the removal would have warranted issuance of a tree removal permit, the City Manager shall inform the Council that the property owner has complied with this policy. 4. If the City Manager determines that the property owner has failed to establish that the criteria for a tree removal permit would have been met, annexation shall be declined unless the property owner: a. Plants a replacement mitigation trees at a 3:1 ratio of the same or a similar species (as determined by the City Manager) that are a minimum 3-, 15 to 20 feet tall and with a trunk size of 5 to 12 inch caliper at the time of planting dbh, in approximately the same location on the property as the removed tree. The height and trunk size within the above ranges shall be determined by the City Manager, considering the type of tree, its growth rate, availability of replacement trees at various sizes, and the size of the removed tree. The priority locations for planting the mitigation trees shall be within a required setback based on the Comprehensive Plan zone designation for the property, in a legally reserved open space or undevelopable area,or in an area that is separated from the developable remainder of the property by an undevelopable area or feature.The trees shall be planted according to the specifications in the City Tree Planting and Maintenance Guidelines as approved by the City Council. If in the City's determination there is insufficient space on the property to accommodate all of the required mitigation trees, the property owner shall pay into the City of Lake Oswego Tree Fund the Tree Mitigation Fee as established in the Lake Oswego Master Fees and Charges for each mitigation tree that cannot be accommodated on the property in addition to the restoration fee required in 4 c, below; Page 4 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A Staff Comment: Changes the tree mitigation requirements to require more mitigation trees, but with a smaller caliper inch size, in order to better assure survival and because the availability of larger caliper mitigation trees,particularly larger caliper native trees,is more limited. Additionally,requires mitigation trees to be planted in undevelopable areas such as setbacks or legally reserved areas, if available,rather than in the same general location that the trees were removed from. This reduces the likelihood that the mitigation trees would need to be removed for future development after annexation. If there is insufficient space to accommodate all the mitigation trees on site, the resolution allows for payment into the Tree Fund instead. b. Successfully maintains the replacement mitigation tree for at least three years prior to annexation (Successful maintenance includes, without limitation, immediate replacement of any replacement tree that dies or otherwise declines during the maintenance• period); and c. Pays a restoration fee into the City of Lake Oswego Tree Fund in the amount as established by the Tree Code Fees in the City's Master Fees and Charges of the value of the removed tree as determined to the satisfaction of the City Manager in accordance with the methods set forth in the "Guide for Plant Appraisal" published by the International Society of Arboriculture, or such other method as may be deemed appropriate by the City Manager. Staff Comment: Ties the restoration fee to the Tree Restoration Fee as established by the City's Master Fee and Charges instead of the value of the removed tree, which is more In addition to the pre-annexation requirements of Sections 4 a, 4 b and 4 c, above, annexation of the property shall be conditioned upon the following: d. The property owner shall execute an agreement with the City requiring the property owner to maintain the required mitigation (tree replacement), at his or her expense, in a manner consistent with this policy and to the satisfaction of the City Manager for a period of at least two years following the effective date of the annexation.The agreement shall also provide that, if the property owner fails to meet this obligation,the City may enter the property to restore and maintain the mitigation at the property owner's expense; e. The property owner shall record a restrictive covenant against the property, in a form approved by the City Attorney, requiring the mitigation to be maintained for at least two years following the effective date of the annexation in a manner consistent with this policy and to the satisfaction of the City Manager, granting the City the right to enforce the restrictive covenant, and allowing recovery of attorney fees and other enforcement expense by the City; f. The property owner shall grant and record an easement, in the form Page 5 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A approved by the City Attorney, allowing the City access to and use of the property for the purposes of restoring and maintaining the required mitigation during the two-year period; and g. The property owner shall provide the City with a bond, cash deposit or other security acceptable to the City Manager, in a sum deemed by the City Manager to be sufficient to cover the costs of restoration and maintenance of the required mitigation during the two-year period. 5. Any person who owns property within the unincorporated portion of the City's Urban Services Boundary and who proposes to remove a tree may apply for certification by City staff that the proposed removal would qualify for a Lake Oswego Tree Removal Permit if the property were within the City's boundaries. Upon a subsequent annexation petition, the certification shall satisfy the property owner's burden under paragraph 2 of this policy with relation to the removal of the tree. An applicant for a certification under this paragraph shall pay the same fee as established for the corresponding tree removal permit. 6. The City Council will not approve annexation of property where the requirements of this policy have not been met, unless the City Council elects, in its discretion, to exempt the property from this policy. II. Policy for parcels with resources that are inventoried or for which 3 eletcrm°""+'^" i; Staff Comment: The changes to this Section II remove all references to the Lake Oswego Natural Resource Inventory Update(NRIU) Map,which was a map that showed sites that had been identified as potentially containing significant natural resources under Statewide Planning Goal 5 (Natural Resources)but as of the date of adoption of Resolution 04-38 were pending a determination of a whether a Goal 5 resource existed on the site. In 2015,the Council adopted Ordinance 2687,which updated the City's Sensitive Lands Map and resolved all the sites that were previously pending resource determination on the NRIU Map. As a result, it is no longer necessary to refer to the NRIU Map for purposes of the resolution. An additional change to this section deletes a reference to the"City's Natural Resource Coordinator"and replaces it with "Planning Department"because the City has not had a Natural Resource Coordinator on staff for many years and the reference should be to the department generally since staffing needs and position titles can change. The City Council declares that it will decline a petition for annexation of a parcel pursuant to ORS 222.125 or 222.170 when: (1) the parcel has previously been inventoried pursuant to the ESEE analysis performed by the City pursuant to the requirements of Statewide Planning Goal 5 and determined to have natural resources that would have been protected if located within the City,or the parcel is designated on the Lake Oswego Natural Resource Inventory Update Map as having Page 6 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A natural resources for which there is a pending determination as to whether the criteria for such protection are met, and (2) the natural resources on the parcel have been removed or otherwise degraded beyond that which would have been clearly permitted under the City natural resource regulations, unless the property owner mitigates the effects of the natural resource removal by restoring the site to the condition which would exist if the site had complied with the City's natural resource regulations from the date of the inventory, or from the date of designation on the Lake Oswego Natural Resource Inventory Update Map, to the date of annexation, and unless the mitigation is successfully maintained by the property owner for a period of at least three years prior to annexation, and the property owner commits to maintaining the mitigation for at least two years following annexation. If the property owner or other applicant for annexation cannot substantiate to the satisfaction of the City Manager the quality and quantity of natural resources that were on the site prior to the removal or degradation, the property owner must establish or enhance natural resources within the mapped natural resources area to a minimum quality and quantity determined by the City Manager, taking into consideration the data and analysis that resulted in the designation of the mapped natural resources area on the site. In the case of annexation petitions for parcels with natural resources designated „n thy, I ake Oswego Natural R„s„uree Inventory I II dat„ neon an analysis of the resources under the criteria of LOC 50.15.020 shall be completed by City staff at the applicant's expense prior to the City Council's consideration of the petition. If, in the determination of the City Manager, the resources meet the criteria for protection under the City's natural resources lation� ation ,ill be declined n nt to this policy u nless miti_ation occurs as provided above. If the City Manager determines that the resources do not meet the criteria for protection, this policy shall not apply. Compliance with this policy shall not be deemed to assure that the City Council will approve the annexation petition. This policy shall not be construed as preventing the Council from exercising its full discretionary authority in granting or denying petitions for annexation as otherwise permitted by Oregon law. This policy applies to annexations that are initiated or requested by the owners of the property to be annexed and that require the consent of owners or electors under ORS Chapter 222. It does not apply to annexations by election under ORS Chapters 222 or 195 or to non-consensual"island" annexations. Page 7 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A This policy applies notwithstanding the election requirements of Section 57 of the Lake Oswego Charter, which requires a City-wide vote prior to annexation of parcels within certain portions of the Stafford Area.} If the owners of a parcel in that area initiate or request annexation contrary to this policy, the City Council will decline to refer the proposed annexation for a vote under Section 57. Procedure: To identify annexing parcels on which natural resources have been degraded and for which the City has conducted natural resources inventory and mapping, the following procedures shall apply: 1. Upon receipt of an annexation petition, City staff will determine whether the site contains inventoried natural resources or contains resources designated on the Lake Oswego Natural Rcsourcc Inventory Update (NRIU) Map. If so, staff will visit the parcel(s) proposed for annexation and compare existing site conditions to the City's site inventory of natural resources, or to the NRIU Map. 2. If it appears that the functions and values of the natural resources on the site have been compromised since the parcel was inventoried e- designated on the NRIU Map beyond that which would be clearly permitted under the City's natural resource regulations: a. For inventoried resources, and for resources designated on the NRIU Map that have been determined to meet the criteria for protection under paragraph 2(b),&Staff will instruct the property owner to develop a mitigation and restoration plan that restores and protects the functions and values of the resource on-site to the same degree as if the site had been protected under the City's natural resource programs from the date of inventory to the date of annexation.The plan shall be prepared by a certified professional (restoration ecologist, biologist, ecologist, etc.) approved by the City Manager. If the property owner or other applicant for annexation cannot substantiate to the satisfaction of the City Manager the quality and quantity of natural resources that were on the site prior the removal or degradation, the mitigation plan must provide for the establishment or enhancement of natural resources within the mapped natural resources area to a minimum quality and quantity determined by the City Manager, taking into consideration the data and analysis that resulted in the designation of the mapped natural resources area on the site. (A property owner who wishes to establish a natural resource "baseline" following inventory and prior to any development activities which could degrade the natural resources is encouraged to contact the City's Natural Resource Coordinator Planning Department to obtain an Page 8 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A inventory of the quality and quantity of the natural resources existing on the site.)The mitigation plan shall be reviewed and either approved by the City Manager or the City Manager shall make recommendations for improvement to the mitigation plan. 4* In the case of parcels with natural resources designated on the NRIU Map, an analysis of the resources under the criteria of LOC 50.15.020 shall be completed by City staff at the applicant's expense. Following the analysis, the City Manager shall determine whether the resources meet the criteria for protection. If so, mitigation under paragraph 2(a) shall be required to the same extent as though the resources had been inventoried prior to the filing of the annexation petition. 3. If the property owner complies with the mitigation plan as approved by the City Manager prior to annexation, and maintains the mitigation for at least three years prior to annexation, the property owner shall be deemed to have restored the natural resources on the parcel sufficient to be eligible for annexation under this policy. Annexation of the property shall be conditioned upon the following: a. The property owner shall execute an agreement with the City requiring the property owner to maintain the required mitigation, at his or her expense, in a manner consistent with this policy and to the satisfaction of the City Manager for a period of at least two years following the effective date of the annexation. The agreement shall also provide that, if the property owner fails to meet this obligation, the City may enter the property to restore and maintain the mitigation at the property owner's expense; b. The property owner shall record a restrictive covenant against the property, in a form approved by the City Attorney, requiring the mitigation to be maintained for at least two years following the effective date of the annexation in a manner consistent with this policy and to the satisfaction of the City Manager, granting the City the right to enforce the restrictive covenant, and allowing recovery of attorney fees and other enforcement expense by the City; c. The property owner shall grant and record an easement, in the form approved by the City Attorney, allowing the City access to and use of the property for the purposes of restoring and maintaining the required mitigation during the two-year period; and d. The property owner shall provide the City with a bond, cash Page 9 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A deposit or other security acceptable to the City Manager, in a sum deemed by the City Manager to be sufficient to cover the costs of restoration and maintenance of the required mitigation during the two-year period. 4. The City Council will not approve annexation of property where the requirements of this policy have not been met, unless the City Council elects, in its discretion, to exempt the property from this policy. Ill. Policy for parcels where water resources have been deeraded in violation of state or federal law. The City Council declares that it will decline a petition for annexation of a parcel pursuant to ORS 222.125 or 222.170 if, following the date of this policy, a water resource on the parcel has been filled, or has had material removed, or has otherwise been degraded, in violation of any state or federal law or regulation, unless the property owner: • Pays in full all fines, civil penalties and other assessments imposed or otherwise required by any state or federal agency; • Pays in full any damages awarded pursuant to the provisions of ORS Chapter 196 or pursuant to any similar or related statutes or regulations; • Fully complies with any order of any state or federal agency related to the degradation of the water resource; and • Complies with all mitigation or restoration requirements imposed or ordered by a state or federal agency, and successfully maintains the mitigation or restoration for at least three years prior to annexation and commits to maintain the mitigation for at least two years following annexation. For the purposes of this policy, "water resource" shall mean any natural waterway including any bay, stream, lake, wetland or other body of water, whether navigable or non-navigable. Compliance with this policy shall not be deemed to assure that the City Council will approve the annexation petition.This policy shall not be construed as preventing the Council from exercising its full discretionary authority in granting or denying petitions for annexation as otherwise permitted by Oregon law. This policy applies to annexations that are initiated or requested by the owners of the property to be annexed and that require the consent of owners or electors under ORS Chapter 222. It does not apply to annexations by election under ORS Chapters 222 or 195 or to non-consensual "island" annexations. Page 10 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A This policy applies notwithstanding the election requirements of Section 57 of the Lake Oswego Charter, which requires a City-wide vote prior to annexation of parcels within certain portions of the Stafford Area. If the owners of a parcel in that area initiate or request annexation contrary to this policy, the City Council will decline to refer the proposed annexation for a vote under Section 57. Procedure: 1. Upon receipt of an annexation petition, City staff will determine whether the site contained a water resource within 10 years prior to the date the annexation petition is filed with the City prior to the date of this policy, and will visit the site to determine the current condition of the resource. 2. If it appears that, following the date of this policy, within 10 years prior to the date the annexation petition is filed with the City that removal or fill has occurred, or that the functions and values of the water resource have otherwise been compromised, in violation of any state or federal law or regulation, and if the violation has not previously been reported to the appropriate state or federal agency, the violation shall be reported to the appropriate agency by City staff. Staff Comment: Changes the timeframe for applicability of the policy to 10 years prior to annexation per Council direction at the October 15, 2019 study session. Keeping the timeframe for applicability to the date of the adoption of the policy, which was May 18, 2004, creates a longer and longer timeframe as years pass in which staff must determine whether resources were altered on the site in violation of this policy. The change to a 10-year timeframe from the date the annexation petition is filed provides a substantial deterrent to resource alteration prior to annexation while maintaining a reasonable timeframe in which staff can determine if resources were altered in violation of this policy. 3. If it appears to staff that no violation has occurred and no report has been made, or if a report is made but the appropriate state or federal agency determines that no violation has occurred, the City Manager shall inform the City Council that the proposed annexation does not violate this policy. 4. If a report has been made, and the appropriate state or federal agency determines that a violation has occurred, the annexation petition shall be denied unless the property owner: a. Pays in full all fines, civil penalties and other assessments imposed or otherwise required by any state or federal agency; b. Pays in full any damages awarded pursuant to the provisions of ORS Chapter 196, or awarded pursuant to any similar or related Page 11 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A statutes or regulations; c. Fully complies, in the determination of the City Manager, with any order of any state or federal agency related to the degradation of the water resource; and d. Fully complies, in the determination of the City Manager, with all mitigation or restoration requirements imposed or ordered by the state or federal agency, and successfully maintains the mitigation or restoration for at least five years prior to annexation. In addition to the pre-annexation requirements of Sections 4 (a), 4 (b), 4 (c) and 4 (d), above, annexation of the property shall be conditioned upon the following: e. The property owner shall execute an agreement with the City requiring the property owner to maintain the required mitigation, at his or her expense, in a manner consistent with this policy and to the satisfaction of the City Manager for a period of at least two years following the effective date of the annexation. The agreement shall also provide that, if the property owner fails to meet this obligation, the City may enter the property to restore and maintain the mitigation at the property owner's expense; f. The property owner shall record a restrictive covenant against the property, in a form approved by the City Attorney, requiring the mitigation to be maintained for at least two years following the effective date of the annexation in a manner consistent with this policy and to the satisfaction of the City Manager, granting the City the right to enforce the restrictive covenant, and allowing recovery of attorney fees and other enforcement expense by the City; g. The property owner shall grant and record an easement, in the form approved by the City Attorney, allowing the City access to and use of the property for the purposes of restoring and maintaining the required mitigation during the two-year period; and h. The property owner shall provide the City with a bond, cash deposit or other security acceptable to the City Manager, in a sum deemed by the City Manager to be sufficient to cover the costs of restoration and maintenance of the required mitigation during the two-year period. Page 12 of 13—Annexation Policies RESOLUTION 19-59 EXHIBIT A 5. The City Council will not approve annexation of property that does not comply with the preceding requirements, unless the Council elects, in its discretion,to exempt the property from this policy. IV. Obligations Run with the Land. Any obligation of the "property owner" under these policies shall "run with the land" and shall be an obligation of the owner of the property at the time required for performance of the obligation, regardless of any prior transfers of title. V. Public Notice. The City Manager shall publicize the adoption of these policies by providing notice to the news media, local realtors, local arborists and foresters,the Home Builders Association of Metropolitan Portland,the Clackamas County Planning Department, and to those Neighborhood Associations and County Planning Organizations whose boundaries include unincorporated areas within the City's Urban Services Boundary.The City Manager shall encourage the Neighborhood Associations and County Planning Organizations to provide notice of these policies to their membership, and to any realtor that posts signage advertising a property for sale within the unincorporated area. The City Manager shall also provide written notice of these policies to the owners (as listed in the property tax assessment roll) of property within the unincorporated area that have inventoried natural resources, or that have resources designated on the Lake Oswego Natural Resource Inventory Update Map. V1 Replacement of.. xation policy. These policies replace the Interim Policy on Annexation adopted by the City Manager on April 5, 2004. Staff Comment: Before Resolution 04-38 was adopted, the City Manager had adopted an Interim Policy on Annexation regarding tree removal and destruction of resources. This section clarified that the interim policy was replaced by Resolution 04-38. Since Resolution 04-38 has been in effect for more than 15 years now,this section is no longer needed. Page 13 of 13—Annexation Policies