Item 3D: Resolution 5083 Annexing Land to the City of Eugene (River Ridge Golf Complex - A 12-6)

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Attachment C - Application Materials Notice As required by ORS 199.463(1), notice of a public hearing must be published in a newspaper of general circulation not more than 25 days nor less than 15 days before the hearing. In this case, notice of the public hearing was advertised in The Register -Guard on January 13, 2006. A second notice may be published in a newspaper of general circulation or notice of the hearing may be mailed to each owner of land in the affected territory not more than 15 days before the hearing. "Affected territory" as defined by ORS 199.415(3) means the territory described in the petition. The "petition" includes a resolution, order, or any other form of initiatory action for a boundary change [ORS 199.415(14)]. The petition or resolution, as required by ORS 199.490(4) also includes a legal description, which must meet the requirements of ORS 308.225 [OAR 191 -006- 0000(3)]. In this case, notice of the hearing was sent to the affected property owners (Eric and Deborah Jeffries and River Ridge Ltd, owners of the private properties proposed for annexation and initiators of this annexation request) on January 20, 2006. The final notice required by the boundary commission law is the posting of a notice of the public hearing in the affected city, district, or territory at least 15 days before the hearing. In this case, notice of the public hearing was posted in the area of the annexation, at the Eugene city hall, and at the Lane County courthouse on January 18, 2006. In conformance with OAR 191 - 005- 0065(3), these staff notes are incorporated as part of the record of the boundary commission public hearing of February 2, 2006. This annexation proposal was filed with the boundary commission in accordance with ORS 199.490(l)(c), initiated by the property owners —Eric and Deborah Jeffries (tax lot 305) and River Ridge Ltd (tax lot 306). Deborah Jeffries consented on behalf of River Ridge Ltd. The annexation area includes a portion of two privately owned tax lots and portions of N Delta Highway and Ayres Road. The written consents from the owners initiated the annexation request, which included portions of their tax lots and existing road rights -of -way. The proposal was filed on January 3, 2006, and boundary commission action must occur by April 3, 2006 (90- day statutory time frame). When property owners initiate an annexation, the affirmative decision of the boundary commission made at a public hearing is subject, if requested, to a remonstrance within the affected territory. If, within 45 days of the commission's action, 10 percent or 100 whichever is lesser, of the electors in the affected territory sign a remonstrance petition, an election will be conducted within the territory. "Affected territory" as defined by ORS 199 means the territory described in the petition. In this case, it is portions of tax lots 305 and 306, T17S R03W S07 and N Delta Highway and Ayres Road rights -of -way. The end of the 45 -day remonstrance period on this annexation request, if approved, is March 20, 2006. At the time of submittal, there were two electors registered within the annexation area. The proposed annexation area includes a portion of two tax lots (part of tax lots 305 and 306, T17S R043 S07) totaling approximately 29.14 acres in size and N Delta Highway and Ayres Road rights -of -way totaling approximately 2.83 acres (refer to Maps No. IV -F -1 and IV -F -2). The portion of tax lot 305 not included in the annexation serves as access to the River Ridge golf LCLGBC Staff Notes (c Eu 06 - io) — February 2, 2006 Page IV -17-2