The URL can be used to link to this page

Home My WebLink AboutCorrespondence CAO 6/28/2007 ," MEMORANDUM OFFICE OF CITY ATTORNEY DATE: June 28, 2007 TO: Amy Sowa City Recorder FROM: Joe Leahy Office of City Attorney SUBJECT: Scrivener's Error in Legal Des~ription Annexation of Territory to the City of Springfield Nepute, Case No. LRP2007-00017 This office has reviewed the Resolution of Council annexing territory to the City of Springfield as described above. Exhibit A to that Resolution contains a Scrivener's error in the property description. That Scrivener's error is depicted on the attached Exhibit A. (See handwritten notes.) The Scrivener's error is self-evident on the face of the document adopted by Council for two reasons: 1) there is only one address for the property described in the Agenda Item Summary. That address is 1540 Kellogg Road;a nd, 2) the property is described in the Agenda Item Summary and the Resolution as Assessor's Map Identification and Tax Lot No. 17-03-34-22, Tax Lot 800. Both the address and the map and tax lot number describe only one parcel, a specific parcel. That specific parcel is Tax Lot 800. The correct property description for Tax Lot 800 is corrected in the Corrected Property Description attached to this Memorandum. It would be iny recommendation to you that you simply file this Memorandum in your Resolution files, delete the property description which contains the Scrivener's error, and attach to the Resolution designated as "Exhibit A" the Corrected Property Description. The Resolution together with the corrected property description should be utilized in response to any inquiries as well as for processing at the Boundary Commission. JJL:llk Enclosure cc: Steve Hopkins N;\Oty\RESOLUTI\Memo to Sowa RE Scrivener's Error.wpd ~---- _~____!,~g~}JI I[J~~~?Ey=~1I.fi~~te~:O~~I!i:e~QJrdc-' EXHIBIT A PROPERTY DESCRIPTION' 0.",0 \~\"ci1 ,-0..1 ~ , .... \)\"S)('" <,()"'o. o~ ...0' ., " 04 >t ..,)..., ,,>"1 >< 'be . ~.4. ?- .....,.. ~_iI,o'" .0'." ~ e ~ Beginning at a point on the east boundary of Oak Breeze Estates as platted and recorded on' file 75, siides 617 and 618 of the Lane County Oregon pia! files, in Lane County Oregon, said point being the southwest corner of lot 13, Oak Tree Subdivision as' platted and recorded on file 73, slides 781 and 782, of the Lane County Oregon plat files, in Lane County, Oregon; Thence along the southwesterly boundary of said Oak Tree Subdivision, south 89 degrees 57' 45 ,0" ~ 173.17 feet to an angle point in the said southwesterly boundary; ,thence continuing along said southwesterly boundary"amH!s north margin of county road No. 307 (Kellogg Street), said point bemg 10.00' teet tram, when measured at right angles to, the centerline of Kellogg Street; Thence along said north margin, north 79 degrees 04' 20" west167.88 feet to a point on the east boundary of said Oak Breeze Estates; thence leaving said north margin, along the east boundary of said Oak Breeze Estates, north 01 degree 16' 39" east 2436.57 feet to the point of beginning, all in Lane County, Oregon. e..;....>\ 81-4 '1~- -_:: 818 !'- 826:.!J~ . ,l -'-"'"',;n,U{:i,-..-.,'i ..~5 ,: :Jt. "'\'f:~: t" r-p v J .J.~. .' i -2' ... ~ .!' ~ ....... ...'.~ <,;"., ~ '-"', 12.,~.~, ""': ,'~is <6~:.~ ....-'"""~'" ''''::-:~ i "Q~ 11.~- ~~~,;~41-""'~ 817 827 ,815 ~ 616 \~ . ~ ~$ ~ ';i"' ,p?i-.....""'~ -'....~. ';i'..i,,.' \ p~ ;\,~",;,.... ",,"' ,,'. :8 ~ i -,.7 ~ J - ~~~:::.::.::-;~.,:, .(~', '\"r H .;, . j 102K. }1.- ~'u~.. ,29..~ 'f!l ., 1 ,,:} ....,<".- 1 I; ! .- '~;~;,.'. ,,~/ FAIRWAY ;; a,~ O~9-03 ; n 834 i !.JI ~.: li 'f Site J i~ ,....... 3~i ;t' ,"1 r .' ".1," ~ ~I -')4 - r,; J .; ~....--j. _0,_,- I . BJ5 ~, "'836 <;'. '&- - __ I,' ", ' 637 ' L0 --- - ."'" . _ G !... -- ----: ::.: . '~'iJI:" , 'C' '.-RD ~'"O:+-<=. I <,}' \ ,-...."""""". ....:J.~,.' ~""'1--'E>~_,1 ~'i .' , 2 '~~~." ,: _ ,;T'I COUN i'~""-:".~'~-" ; 905 1 1200l . 'y~;;;;RD '"..... <..~ ~, '. ~ ", P>>", No '~' .3 .."~""","..J , '!; 9, ,"';0' . ~.., 07""0- (W q:.: ~3<',~, ~ .,. as !:l.... '-w. ~ ~ -Be+ . .'."44 I~ j~~ ~~".' ~ _~.' ':.::"'[ ~3500 ~ 36~0 ;, 3700. ". '~.'0.'~4' " 907. lj. 3JOO: ;," ,...: if ,! ~' .. ; :i)'Wql.. ( CD 'Y~--'l' I- -"" "'-~ u.~: , J:" 3200 ',1LJ 5000 4900 4800 ~ ,""""'t, ,....., '.O,21AC. .,IW q '''>~6 ,,"~"n..' ',a:: /)I -"', 906 J .... . i I- r\ . $,~;>, ~~ 31 00 '~I CI) ~ '",lI' ..J 41 .. _ '" <:-.I\~ " <_._"-- l'joe._L_e.?by.,: (eg~Id~~!ptionREY~~p..' ~c~_____ CORRECTED PROPERTY DESCRIPTION Beginning at a point on the east boundary of Oak Breeze Estates as platted and. recorded on file 75, slides 617 and 618 of the Lane County Oregon plat files, in Lane County Oregon, said point being the southwest corner of lot 13, Oak Tree Subdivision as platted and recorded on file 73, slides 781 and 782, of the Lane County Oregon plat files, in Lane County, Oregon; Thence along the southwesterly boundary of said Oak Tree Subdivision, south 89057' 45.0" east 173.17 feet to an angle point in the said southwesterly boundary; Thence continuing along said southwesterly boundary, and its southerly projection, south 020 50' 04" west 280.57 feet to a point on the north margin of County Road No. 307 (Kellogg Street), said point being 20.00 feet from, when measured at right angles to, the centerline of Kellogg Street; Thence along said north margin, north 790 04' 20" west 167.88 feet to a point on the east boundary of said Oak Breeze Estates; Thence leaving said north margin, along the east boundary of said Oak Breeze Estates, north 010 16' 39" east 248.57 feet to the point of beginning, all in Lane County, Oregon. ~"',..' \ 1'.....,..~t7a..... -., " I III "i'_ I, " m t ; .l:h :/ ~' .1i , ~. ;1 ',,-r -"'- I' -. ~,-.,,- 'r .L0G '''----:-2 " , '~__ - '-RO -.:i~-'~__-.; I ~"';l' . .l'!COU~N~ '. "'~--::"'''':'''''''''' 905 1"'1200.'~ ,. T'y~;:,::t:iD ---. ~~"'1,. ..... l'>->>>NO. .. "",,30, '4~ -"\-,,'(Was ~-- 3500 .~ 44 ,.,~ '"",, 45 -.... 41 f 3600 ~ 3700 3800 ., , (O~ge , '! "-j~ l . 907. : Ii 'f " 8" - ~ ! r<,~l ' . ~, '-.., Y"\:'" tV .'.. 908- ~' , , .~ ,... " . ".' ~ " ~.826 ~~, i~ H~~.~ , " .~::::. ,~.~ , 827 , , Site ..,.... <?: 34-00 (II; .ae+ ~ " Q. ,.....", , rl. 33;':/ .' . , -~. , ~~- _~I ,.... ~~J200 . l1J ':O.21AC. ..IW ....' ,1: a::: * .... d f- ,,'.3100 . (J) " ~.. -~ 5000 4900 4800 4700 , . ~L'''' 4~.~ .. '0 ~~~ -Pag~1 ~--- (JoeE~aJ:lx :1IH",J)ute CO~f1(;ilre~~a::~;- _____ _______________ ---- ----Pae-3' ~_____g___LII RESOLUTION NO. A RESOLUTION INlTlATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS, WHEREAS. the City received an application to annex 1.03 acres into the City of Springfield on April 19, 2007, said territory being described as follows: Township 17 South, Range 36 West, Section 34, Map 22, Tax Lot 800 and more particularly described in Exhibit A of this Resolution. WHEREAS, the territory proposed to be annexed is within the "ugene-Springfield Urban Growth Boundary, and is adjacent to the City Limits; and WHEREAS, the City Council is authorized by ORS 199.490(2)(a)(B) to mlllate 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, WHEREAS, the property owners of the certain territory described in Exhibit A signed a consent to annex (Exbibit B); and, WHEREAS, one registered voter resides within the territory and has signed a consent to annex (Exhibit B); and, WHEREAS, the City Council is authorized by Springfield Development Code 6.030(2)(a) and ORS : 222.1 I I 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 <l:S defined in Eugene-Springfield Metro Area General Plan Policy 8, page Il- 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 are defined. in the Eugene-SPtingfield Metro Area General Plan, page V-3 as wastewater service, stormwater service, solid waste management, water service, fire and emergency n:tedical 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; and WHEREAS, the territory proposed to be annexed can be immediately provided with a minimum level of key urban facilities as described in Attachment 2; 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; and WHEREAS, the City supports the applicant's request for expedited Boundary Commission processing. --_..__._._~ "" ----pag~ Ii Joe leahy -=-ifiile[lute Council reRort.iF-- ......"----- -..,.- ------ ---_.. I --.------ Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: June 4, 2007 Regular Meeting Development Services Steve Hopkins, AlCP x3649 10 minutes . AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (Nepute, Case Number LRP2007-00017) Co~duct a public hearing and adopt the following resolution: A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRJTQRY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVES THE ANNEXATION BY EXPEDITED PROCESS. The Property Owner, John Nepute, has requested annexation of approximately 1.03 acres of property located at 1540 Kellogg Road. The subject territory is described as Assessor's Map Number, 17-03-34-22, Tax Lot 800 and more accurately described in Attachment I, Exhibit A. The site contains one residence. After annexation, the land owner intends to subdivide the property into lots for single family dwellings in conformance with the LDR (Low Density Residential) district. Article 6.030(2) of the Springfield Development Code requires that territories considered for annexation must be provided with '~key urban facilities and services", as defined in Metro Plan Policy 8.a, Page II-B-4. Among these key urbani' services are water, sewer, storm water facilities, streets, eiectricity, parks, fireiemergency services, and schools. Based on analysis and comments from the service providers, staff finds that all key urban services are available to serve the territory. ATTACHMENTS: Attachment 1: Resolution Attachment 2: Informational Attachment Attachment 3: Vicinity Map Anachment 4: Detailed'Area Map Attachinent4: Submittal from Applicant ISSUE STATEMENT: . U~~y: 17 Nepute~oun~~port.d ______ - P~g-e'!] NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF, THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section t: 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 territories being described as follows: Township 17 South, Range 3 West, Section 34, Map 22, Tax Lot 800, and more particularly described 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: The City Council recommends that the Boundary Commission approve .the proposed annexation authorized by ORS 199.466 by expedited process without the study, public hearing and adoption of final orderrequired by ORS 199.461. Section 4: The City Manager shall forward this resolution supporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission. ADOPTED by the Common Council of the City of Springfield this _. day of June, 2007 by a vote of _ for and _ against. APPROVED by the Mayor of the City of Springfield this _ · day of June, 2007. Mayor ATTEST: City Recorder -'~'.--~ """._-,-"'.. . EoiI~i~y.~J?NE;~ut~~Council:~e~oil~ DISCUSSION: The City Council is authorized by ORS 199.490(2)(~)(B) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory to be annexed and' the owners of more than half of the I.and to be annexed, Consent from all the property owner, who is also the registered elector, has been given. Two sanitary sewer laterals have been stubbed to the property line to facilitate future connection; pending annexation. The property to "be annexed is located within the Urban Growth Boundary (DGB) and is adjacent to the Springfield City Limits on all sides. The site already has most city services, including Sl)B wate;r an~' electricity. The site can be served with the minimum range of urban services induding but not limited to police, fire protection, library, parks and'recreation, and schools. . Acquisition of right of way along the subject site's southerly boundary can be acquired when the site is partitioned or further developed. At that time, the site will be improved yvith curb, gutte, and,sidewalk, The City Council Resolution will be forwarded to the Lane County Local Government Boundary Commission. The owners are requesting the Expedited Annexation procedure of the Boundary Commission. I Resolution