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HomeMy WebLinkAboutOrdinance 5812 03/18/1996 . . . ATTACHMENT 1 ORDINANCE NO, 5812 (Special) AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY (MARATHON SUBDMSION) LOCATED IN WEST SPRINGFIELD, WEST OF RAINBOW DRIVE, SOUTH OF F AIR VIEW, AND EAST OF TAMARACK (TI7S R03W S27 MAP 31, TAX LOT 1300); HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. WHEREAS, certain real property described below was annexed to the City of Springfield by order of Lane County Local Government Boundary Commission under Boundary Commission Final Order Number C SP 95-41 and further described in Exhibit A, and WHEREAS, the annexed property described is located within the boundaries of the Rainbow Water District and must be withdrawn from such district, and WHEREAS, the City of Springfield City Council held a public hearing in the Springfield City Council Chambers on March 4, 1996 in accordance with ORS 222,524, for the purpose of hearing any objections to the withdrawal of the property mentioned from the public service district mentioned and there having been ~ objections raised, and WHEREAS, the withdrawal ordinance must be submitted to the Oregon Department of Revenue on or before March 31, 1996 in order to become effective on July 1, 1996, NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: The council of the City of Springfield does hereby determine that it is in the best interest of the City that the real property described should be withdrawn from the Rainbow Water District in Lane County, Oregon, Section 2: The Common Council of the City of Springfield does hereby determine that the following described real property within the boundaries of the Rainbow Water District is and shall be upon the effective date of this ordinance withdrawn from-the Rainbow Water District in Lane County, Oregon, said property being described as follows: Township 17 South, Range 03 West, Section 27, Map 31, part of tax lot 1300; as more particularly described in Exhibit A (Boundary Commission Final Order No. C SP 95-41), Section 3: It is hereby found and declared that matters pertaining to the withdrawal from Rainbow Water District are matters affecting the public health, safety and welfare of the City of Springfield and this ordinance shall, therefore take effect immediately upon the passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 18th:tay of March, 1996, by a vote of ~ for and ~ against, APPROVED by the Mayor of the City of Springfield this 18th day of March, 1996, A~~ City Recorder I%/~~ Mayor R \SVIEW ~o ~'::. ~ ~ C:l> E ~ \-\ ~ <:) H'='~'C~ o~ F~ (~ '2..~ I. 1 f\~\") \"\\")\')~ ~"e.() 'F~ (\ ~'\ ~E. P\ ~'-I C'"\..'"'\"\ f-\ " b \'\ ~ ~ '{ \~q ~ Ordinance 5812 .Page 2 ATTACHMENT 2 Orego , n April 20, 1995 . LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION Ms. Eileen Stein, Recorder City of Springfield 255 N. 5th Avenue Springfield, Oregon 97477 Dear Ms, Stein: The enclosed final order has been enacted by the Lane County Local Government Boundary Commission and is forwarded in conformance with ORS 199.505. Final Order 1041 (C SP 95 - 41) annexing territory to the City of Springfield (Marathon Subdivision) . Please acknowledge receipt of this final order. Sincerely, p~e'9~ ~ Steven C. Gordon Executive Officer SCG:pt Enclosure cc: Rainbow Water District Randall and Linda Saltmarsh Lance Posey Jerry and Vanessa Thompson LCOG: P:\BCIFOLIPl/I1995\CSP9541. FOt LaJr Saved: April 19. 1995 . .... '. '.'" . , , , .' ',.... ." " "- 125 East 8th A\'enue Nl1rth Plaza Le\'e1, P~1l Eugene, OR 97401-h~():- (5OJ) 687-4425 FAX (503) h87-40lJlJ 1'1 '11~1 1 Ordinance 5812 . Page 3 . LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION Approved: April 6, 1995 Effective: April 6, 1995 ( File C SP 95 - 41 ( In the Matter of Annexing the ( Following Described Territory ( To the City of Springfield, FINAL ORDER 1041 - Legal Description Attached as Exhibit A - WHEREAS, Resolution 94-62 of the City of Springfield was filed on March 1, 1995, for annexation of the territory described in attached Exhibit A and shown on attached map Exhibit B to the City of Springfield, in accordance with ORS 199.490(2)(B); and, WHEREAS, the commission duly published notice of public hearing in accordance with ORS 199.463 and in accordance with the rules of the commission and ORS 199.452(1), conducted a public hearing on April 6, 1995; and, WHEREAS, on the basis of the study of the proposal, which considered economic, demographic, and sociological trends and physical development of the land, and of the public hearing, the commission approved the proposal and made the findings and reasons attached as Exhibit C. . NOW THEREFORE IT IS ORDERED: That the area described be a part of the City of Springfield. ORDERED BY THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION THIS 6TH DAY OF APRIL, 1995. _ ')c~'\" L ~'^ John Lively, Chair \ <( }~J1!3" Date NOTE: The territory is in the Rainbow Water District will remain in the district until after the effective date of the annexation, when it will be withdrawn through separate proceedings by the City of Springfield in accordance with ORS 222, . Upon the effective date of the annexation, in accordance with ORS 199.510(2)(c), the above described territory is hereby a part of the Lane County Metropolitan Wastewater Service District, a county service district organized under ORS 451, which is part of the City of Springfield. (ie: LCBC: P:\BC\FOLIPlII/995\CSP954/.F02 lAst Saved: April 6, /995 2 Ordinance 581:2 Page 4 52 CENTENNIAL LOOP .EUGENE. OREGON 97401 TELEPHONE 343-9855 CHARLES W. GUILE & ASSOCIATES, Co. LAND SURVEYING RESIDENCe: ELMIRA, OREGON TELEPHONE 935.2025 EXHIBIT A Description's for Jerry Thompson Marathon Plat Boundary Beginning at the Northeast comer of the R. E. Campbell and wife Donation Land Claim No. 59, in Township 17 South, Range 3 West of the Willamette Meridian; thence South 745.00 feet; thence South 880 45' 52" West 2230.00 feet; thence South 440.00 feet to the INITIAL POINT; thence South 880 45' 52" West 100.00 feet; thence North 295.00 feet; thence North 880 45' 52" East 100.00 feet; thence South 295.00 feet to the INITIAL POINT, being in Section 27, Township 17 South, Range 3 West oftheWillamette Meridian, in Lane County, Oregon, [Containing 29,493 Square Feet = 0.677 Acres.] . EXCEPTING THEREFROM: Olylmpic Street within the Marathon Plat Beginning at the Northeast corner of the R. E, Campbell and wife Donation Land Claim No. 59, in Township 17 South, Range 3 West of the Willamette Meridian; thence South 745.00 feet; thence South 88045' 52" West 2230,00 feet; thence South 283.85 feet to the TRUE POINT OF BEGINNING; thence South 60,00 feet; thence South 88045' 52" West 100.00 feet; thence North 60.00 feet; thence North 88045' 52" East 100.00 feet to the TRUE POINT OF BEGINNING, in Section 27, Township 17 South, Range 3 West of the Willamette Meridian, in Lane COWlty, OregOl~. [Containing 5999 Square Feet = 0,138 Acres.] August 12, 1994 94-22 94022dO l.wpd 4:52 PM 3 Rc..G1STERr:.O PROFESSIONAL LAND SURVEYOR /C;;-;;>/f ~/[/' 94// :( /f /' ,_ ~/ ,>;( /;? o 5t: eGO,.. ?._- t<:A" e....~ CHA!QES W_ GtW c t:. 72 ...~ /:;:-/) ~..)/I/7;7 -- &'/ 7cY/'/~'S /Jr . Final Order 1041 C SP 95 - 41 Page 1 of 1 . ~~ ~ " ~ ,..-. , ~ " l--.. ~ ~ 10 'piJ;H/L t ' ~ ~ ~ ~ t-.. ... V/<:..l; ~~ . ~ '\ 'P' ~ ~ q " . 700 ~ I j BOO -. .. EXHIBIT B ~ .. - Q\J\~~\J L\ :? ~\lE.~\JE. \10\ - ~ " ::: , ." .(l -I-- E, Cor, elK 7 : AdditIOn to ~ntennlal Gardens t-- C\I ~ o t-- --- 'l) <l ., --- f ,- i -1 ' : --/.6':'~,/",-..,/ \, //.7.L'<' . JII!J:1~5"'IO-.v } \. 80,0' 1102 ~ " " --- 100\ <:l '> to( ~ ~ ~ J ... ~ ~ ~ 10' /d..&:7' 0. C :;; Si"5"'/O'C' r~~ ~ cP cP (J) 1200 .. -. .. .. , ~ It " JlJ' 1202 ..: ... ,~o. . t /1 I L --,1 ~ ~ ~ '- . '-r f 'C P- () , loa . 100 10" t!"",l 200 ""'- ~c;:-S<~-=-"" I' fZZJ A- hrl('i a h 0 h A reo.-, \1 ,.-03 -?-1-3\ r':: \ 00 << Final Order 1041 C SP 95 - 41 Page 1 of 1 OF9-00, 4 IV<~ ISO' 500 ISO' /'4 ,. . , ~ \- 100 ~ ---' ~ I ~ '" ~ <;) <;) . . . .. ,. ,. Ordinance 5812 Page 6, EXHIBIT C Findings: 1. The annexation proposal was initiated with the boundary commission on, March 1, 1995, by Springfield City Council Resolution 94-62 in accordance with provision of ORS 199.490(2)(B), The proposal was deemed by staff to constitute valid filings under OAR 191-06 , 2. The City of Springfield requested a delayed effective date of January 2, 1998, for this annexation as allowed by ORS 199.495(1). The City of Springfield requested a delayed effective date to capture the value of development in its tax base. If the annexation was effective April 6, 1995, (which it would be without the delay) the city's tax base would only increase by a multiple of the existing (undeveloped) assessed value instead of the developed value which will be greater.. The boundary commission set an effective date of Ianuary 2, 1998 the first '.vorking day after the January holiday did not delay tile effective date, therefore, the annexation is effective April 6, 1995. 3. The proposed::!: 0.68 annexation is part of a one tax lot (TI7S R03W S27 Map 31 part of tax lot 1300) and is contiguous to the City of Springfield. Low-density residential development is proposed for the annexing area. 4. The land is zoned LDRJUF-IO, low-density residential with urbanizing fringe overlay, in Lane County and is designated low-density residential in the Metropolitan Plan. Provide an impartial forum for resolution of local jurisdictional questions. Consider the effects of the boundary change on other units of governments. ORS 199.410(1)(b) and 199.410(3)(c) 5. The boundary commission held a public hearing on April 6, 1995. Notice of the public hearing was given in accordance with ORS 199 provisions. All interested parties were given a reasonable opportunity to be heard. 6. Upon the effective date of the annexation, the area will be annexed automatically to the Lane County Metropolitan Wastewater Service District in accordance with ORS 199.51O(2)(c), The area is currently withi.n the Willamalane Park and Recreation District and will remain within the district after annexation. 7, Rainbow Water District will provide water, fire and medical services to the annexation area until the effective date of the annexation, after which it will be withdrawn from the district by the City of Springfield in accordance with ORS 222. 8, The proposal is consistent with this standard, Final Order 1041 (Revised April 25. 1995) C SP 95 - 41 Page 1 of 3 5 . . . " ..... .. Ordinance 5812 "Page 7 " , . ~ Consider the comprehensive plan's economic, demographic, and sociological trends and projections and its environmental policies, pertinent to the proposal. ,ORS 199.410(3)(d) and 199.462(1) 18. The proposal is consistent with the Metropolitan Plan, The urban growth boundary, land uses, and policies in the Metropolitan Plan were developed to meet' the future needs of the metropolitan community. 19, The proposal is consistent with this standard. Reasons: 1. The proposal is supported by the City of Springfield and the property owners. 2. The proposal is consistent with the LCDC acknowledged Metropolitan Plan, 3. The services required in the Metropolitan Plan are either available or can be provided in a timely manner when needed, 4. This proposal is consistent with boundary commission administrative rule policies. pt: LCBC: P:\BClFOLIEXCl1995\CSP9541.EXC lAst Saved: April 25. 19l]5 Final Order 1041 (Revised April 25, 1995) C SP 95 - 41 Page 3 of 3 6