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HomeMy WebLinkAboutOrdinance 5817 03/18/1996 ATTACHMENT 1 . ORDINANCE NO, 5817 (Special) AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY (ANDERSON LANE APARTMENTS) LOCATED IN WEST SPRINGFIELD, WEST OF ANDERSON LANE, SOUTH OF CENTENNIAL BOULEVARD, AND EAST OF 1-5 (T17S R03W S33 MAPl1, PART OF TAX LOTS 801,802 AND 901); 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 95-10 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and WHEREAS, the annexed property described is located within the boundaries of the Rainbow Water District and must be withdrawn from such district, and WHEREAS, the City of Springfield City Council held a public hearing in the Springfield City Council Chambers on March 4, 1996 in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does hereby determine that it is in the best interest of the City that the real property described should be withdrawn from the Rainbow Water District in Lane County, Oregon.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property within the boundaries of the Rainbow Water District is and shall be upon the effective date of this ordinance withdrawn from the Rainbow Water District in Lane County, Oregon, said property being described as follows: Township 17 South, Range 03 West, Section 33, Map 11, part of tax lots 801, 802 and 901; as more particularly described in Exhibit A (Boundary Commission Final Order No, C SP 95-10), 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 18thday of March, 1996, by a vote of 6 for and ~ against. APPROVED by the Mayor of the City of Springfield this 18th day of March, 1996, . ATTEST: ~ City Recorder - /'3d~Jd/~ Mayor ........ r:-.. f.:::'I\'")~~~,-,0-,,") \< 'C \j' ~ V-..) \":. C:> ,-d-~\ ') \ \ r~ "'" '\"'T:::, pc,~ ~ \ \. L~A\"""l --.) I,,) ::>\~ (>\:\ ..:. ~~\:::.:\"-'~ 'I (~ F-\- ~~ ~ OF C \.\'( \ \ ,'\'-' (-""E,.0.. 20 \ \q,\~ Ordi nance 5817 Page 2 ATTACHMENT 2 . ~n . . . ,July 3, 1995 Ms. Eileen Stein, Recorder City of Springfield 255 N, 5th Street Springfield, Oregon 97477 Dear Ms. Stein: LA N E C 0 U NT Y LOCAL GOVERNMENT BOUNDARY COMMISSION The enclosed final order has been enacted by the Lane County Local Government Boundary Commission and is forwarded in conformance with ORS 199.505. Please note that the effective date of this annexation is January 2. 1996. Final Order 1018 (C SP 95 - 10) annexing territory to the City of Springfield, (Anderson Lane Apartments) Please acknowledge receipt of this final order. Sincerely, ~c,~ Steven C, Gordon Cd Executive Officer SCG: ce Enclosure cc: Rainbow Water District Horizon Construction Gary Putman, PP&L Lane County Owned Lands I.C/lC: 1'.'\lJC\FOI. 1/'1111 'N5ICSI'<i510, [-"(JI. l.lISf SiII'l'd: Milrch 7, 1<i'J5 1B-i~J' " -". ," . ~,......<,..:-) . 125 East 8th Avenue North Plaza Level, rSB Eugene, OR 97401-6807 (503) 687-4425 FAX (503) 68;:-4099 rnl(1() . . . Ordinance 5817 Page 3 .. . LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION FINAL ORDER 1018 ( File CSP 95 - 10 ( In the Matter of Annexing the ( Following Described Territory ( To the City of Springfield Approved: . February 2, 1995 Effective: January 2, 1996 - Legal Description Attached as Exhibit A - WHEREAS, Resolution 94-73 of the City of Springfield was filed on December 14, 1994, for annexation of the territory described in attached Exhibit A and shown on attached map Exhibit B-as modified by the boundary commission at its public hearing of February 2, . 1995-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 February 2, 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 modified and approved the proposal and J:.llade the findings arid 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 2ND DAY OF FEBRUARY, 1995. ,,';'{'.R, 71 / I CJ I)' I Date NOTE: The territory is within the Rainbow Water District and 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 199.5 1O(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. 2. . . . Ordinance 5817 Page 4 < .>, EXHIBIT A BEGINNING at a point monumented by a 5/8 inch iron rod, at the northwest comer of Lot 3 DEVONSHIRE PARK., as platted and recorded in Book 59, Page 5, Lane County Oregon Plat Records, said beginning point also being South 2032' 12" West 3373,53 feet and North 87013'50" West 411.92 feet from the northwest corner of the Robert E, Campbell Donation Land Claim No. 59, in township 17 South, Range 3 West, of the Willamette Meridian; thence along the easterly line of that certain tract of land conveyed to Pacific Power & Light Company by deed Reel 186~D, Instrument No. 56454, Lane Comity Oregon Deed ReCords, North 4001 '17" East 663.99 feet; thence along the southerly right-of-way line of Centennial Blvd. as described in deed to Lane County by Reel 543-R, 'Instrument No. 57693, Lane County Oregon Deed Records, North 82055'05" East 317.67 feet; thence South 30000' Eas't, 95.76 feet to the westerly right-of-way line of Anderson Lane; thence along said westerly right-of-way line, South 2032' 12" West 198.38 feet; thence leaving said westerly right-of-way line, North 85006'33" West 221.01 feet; thence South 2038'55" West 136.10 feet; thence South 85008'28" East 221.27 feet to said westerly right-of-way line of Anderson Lane; thence along said westerly right-of-way line, South 2032' 12" West 119.10 feet; thence on a 169.66 feet radius curve right (the chord of which bears South 11054'35" West 55,26 feet); thence on a 169.66 feet radius curve left (the chord of which bears South 11054'35" West 55.26 feet); thence South 2032' 12" West 75,08 feet; thence along the north boundary of said DEVONSHIRE PARK, North 87013'50" West 363.92 feet, to the point of beginning, all in Lane County, Oregon. . Final Order 1018 C SP 95 - 10 Page 1 of 3 3 Ordinance 5817 Page 5 . ALSO: Beg atthe SW cor of Lot 16 of the Devonshire Park, as platted and,recorded in book 59, page 5, LCOPR T17S R03W WM, sd pt also being on the existing Springfield city limits; th alg sd city limits S87026'E 82.18 ft to a pt on the E r/w Ii of the Pacific Highway No. 1-5; th contg , alg sd city limits and Ely r/w Ii NOI033'30"E 814.98 ft); th contg alg sd ,city limits and Ely r/w Ii Nly 172.00 ft; th contg alg sd city limits and Ely r/w Ii Nly 507.00.ft to a pt on the Sly r/w Ii of Centennial Boulevard; th contg alg sd city limits and Sly r/w Ii of Centennial Boulevard N86030'E 395.00 ft mil; th leaving sd city ImitsS82055'05"W 317.67 ft; th S04001'17"W 663.99 ft; th SOlo53'30"W 783.44 ft to the pob, all in Lane County, Oregon. . . Final Order 1018 C SP 95 - 10 Page 3 of 3 4 Ordinance 5817 , Page 6 EXHIBIT B { r. ..... -- ...... ""Uo ~, ..""'~_'" , ~ CJ_..... 'he "* " ...~r;:._~~;.;';;~..:,. IIJ..:... I, . . , ' ~/:;~~~..' ,,' 'I .."'I:::"~;' . , " i~j.. ..'" ...,..' .". 101 _."I....*- -" r~_... :::;, f,t",7~1I , 28 -'.,.",-t- 33 '10', .".r;-- 100 ... . II",03.33~11 N~ -n, Sea..l e . ! /'I ~.... "- :4 -. ,....."., a:: w z >- q a:: J 3 I I -I ,. 913 , 5 . ~ UIII " I !~ 1 ,I l[) r ~ !C. d I \. ~;:..'l: :/,~'~..:' ~ . J ~ ~, .. --\ two ~ f":J'rJ ),t{l/I I Final Order 1018 .' I I C SP ~S - 10 I II Page 1 of 1 0 II '7 t;- I ' I 5 II , . . Ordinance 5817 Page 7 EXHIBIT C 1. , This proposal for annexation was initiated with the boundary commission on December 14, 1994. The annexation was initiated by Springfield City Council Resolution 94-73 I in accordance with provision of ORS 199.490(2)(B). The propo~al was deemed by staff to constitute a valid filing under OAR 191-06.' 2. The City of Springfield requested a delayed effective date of Ianuary 2, 1996, 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 February 2, 1995, (which it would be without the delay) the city's tax base would only. increase by the existing (undeveloped) assessed value instead of the developed value which will be greater. The boundary commission set an effective date of Ianuary 2, 1996. 3. The proposed annexation,. as modified by the boundary cOI11ITlission, involves four tax lots (TI7S R03W S33 Map 11 tax lots 801, 802, 803, and 901) and part of the right-of- way of Anderson Lane contiguous to tax lot 802, totaling 8.04 acres (0.06 acres in road right-of-way). The area is contiguous to the City of Springfield. 4. The land is zonedMDR/UF-lO, medium-density residential with urbanizing fringe overlay, in Lane County and is designate<;l medium-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 199.41 o (3)(c) 5. The boundary commission held a public hearing on February 2, 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, The annexation area is currently in the Willamalane Park and Recreation District and will remain in the district following the annexation effective date. , 7. Rainbow Water District will provide fire and medical services to the annexation area ul1lil the effective date of the annexation, after which it is withdrawn from the district by the City of Springfield in accordance with ORS 222, 8. This proposal is consistent with this standard. . Consider the orderly determination and adjustment of local government boundaries to best meet the needs of Lane County alld Oregon. Consider alternative solutions where Final Order 1018 C SP 95 - 10 Page I of 3 6 . . . Ordinance 5817 Page 8 '., .. 'I .. 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 ~6 meet the future needs of the metropolitan community. 19. The proposal is consistent with this standard. , Reasons: 1. The annexation proposal IS supported by the City of Springfield and the property owner. 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. The proposal is consistent with boundary commission administrative rule policies: LCBC: P:IBCIFOLIEXCl1995ICSP95iO,EXC . Last Saved: .June 28, 1995 Final Order 1018 C SP 95 - 10 Page 3 of 3 7