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HomeMy WebLinkAboutResolution No. 5259/��.�\ City Recorder February 11, 2019 To whom it may concern: Enclosed please a find a copy of the following annexation of land to the City of Eugene: 1. Property identified as: ASSESSOR'S MAP: 17-04-12-20 Tax Lot(s): 2700 (Kempf, Rodney, and Gloria, A18-10) If you need further assistance, please feel free to contact Amy Janisch at 541-682-5699. Sincerely, aet'� J� mt"2't Beth Forrest City Recorder City of Eugene • 125 E. 8th Ave., 2nd Floor • Eugene, OR 97401 • 541-682-SO42 • S41-682-5414 Fax www.eugene-or.gov �, iONi W�M� 20, ►mcm NO MAN Ar PNO �► �� ►meq ,.��� If Ion mm ♦W"MEN024, ON NSA, •I•]: ►474 OP 4w Pc 0 W.P; • • 1 ' WE NO Ml kv, - 1.r 1N1 SIN 100 +OR �I 11111'',i�''Ill 111111 MCIVAI �VAIM WE m DMMODO.H ►ice iNOW MW0,,mmo4- 54 1 M `. M.��-M�M►'w-�-R SMA k WA �*�M�50 pr h WtoAll h"M orvmolmo-miomiji, MA, 14 VIWA- EWE MA, ; f4o, Eugene Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: Map 17-04-12-20, Tax Lot 2700 Address: 301 Dibblee Lane, Eugene, OR 97404 Legal Description: See Exhibit "A", attached hereto and by reference incorporated herein. In the corporate limits of said city, which is owned by the undersigned DATED this Z ria day of NovEr-i6Erz _'2018. RODNEY G. KEMPF X � /� &221-1 Signature GLORIA J. KEMPF STATE OF OREGON ) ) ss County of Lane ) X Signature On this I` day of Nooe., \o - , 2018, before me, the undersigned, a notary public in and for the said county and state, personally appeared the within -named RODNEY G. KEMPF and GLORIA J. KEMPF who are known to me to be the identical individuals described herein and who executed the same freely and voluntarily. Seal: OFFICIAL STAMP REBECCA REY WILTSE NOTARY PUBLIC -OREGON COMMISSION NO. 960447 MY COMMISSION EXPIRES MAY 15, 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public fo Oregon My Commission Expires /may ZZ zoz- February 11, 0 9, Meeting - Item 2C Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: Map 17-04-12-20, Tax Lot 2700 Address: 301 Dibblee Lane, Eugene, OR 97404 Legal Description: See Exhibit "A", attached hereto and by reference incorporated herein. In the corporate limits of said city, which is occupied by the undersigned DATED this l day of�11��/y1t>��'� , 2018. X Print Name Signature STATE OF OREGON ) ) ss County of Lane ) On this _ day of 1�0&-m , 2018, before me, the undersigned, a notary public in and for the said county and state, personally appeared the within -named �Qu'vy c) , who is known to me to be the identical individual described h ein and who executed the same freely and voluntarily. Seal: OFFICIAL STAMP REBECCA REY WILTSE NOTARY PUBLIC -OREGON COMMISSION NO. 960447 MY COMMISSION EXPIRES MAY 15, 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public fo . Oregon My Commission Expires `YI /S'' 0 February 11, 2019, Meeting - Item 2C Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: Map 17-04-12-20, Tax Lot 2700 Address: 301 Dibblee Lane, Eugene, OR 97404 Legal Description: See Exhibit "A", attached hereto and by reference incorporated herein. In the corporate limits of said city, which is occupied by the undersigned DATED this day of wyemseK _'2018. Print Name Signature i STATE OF OREGON ) ) ss County of Lane ) On this day of 2018, before me, the undersigned, a notary public in and for the said county and state, personally appeared the within -named who is known to me to be the identical individual described'Fierein and who executed the same freely and voluntarily. Seal: OFFICIAL STAMP REBECCA REY WILTSE NOTARY PUBLIC -OREGON COMMISSION NO. 960447 MY COMMISSION EXPIRES MAY 15, 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for Oregon My Commission Expires I , yc) w February 11, 2019, Meeting - Item 2C Consent to Annexation Consent is hereby given to the annexation by the City of Eugene, Oregon of the following described real property: Map and Tax Lot: Map 17-04-12-20, Tax Lot 2700 Address: 301 Dibblee Lane, Eugene, OR 97404 Legal Description: See Exhibit "A", attached hereto and by reference incorporated herein. In the corporate limits of said city, which is occupied by the undersigned DATED this Z LD day of N0ye7M8:EK 12018. 1 L , X Print Narnei Signature STATE OF OREGON ) ) ss County of Lane ) On this day of Xb�)Y_f , 2018, before me, the undersigned, a notary public in and for the said county and state, personally appeared the within -named �c � Se`�. , who is known to me to be the identical individual described herein nd who executed the same freely and voluntarily. Seal: OFFICIAL STAMP REBECCA REY WILTSE NOTARY PUBLIC -OREGON COMMISSION NO. 960447 MY COMMISSION EXPIRES MAY 15, 2020 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public for Oregon My Commission Expires /►'zt /S, 2-oac) el f February 11, 2019, Meeting - Item 2C COUNCIL RESOLUTION NO. 5259 APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-12-20, TAX LOT 2700 -LOCATED AT 301 DIBBLEE LANE) PASSED: 8 REJECTED: OPPOSED: ABSENT: CONSIDERED: February 11, 2019 EFFECTIVE DATE: February 11, 2019 RESOLUTION NO. 5259 APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (ASSESSOR'S MAP 17-04-12-20, TAX LOT 2700—LOCATED AT 301 DIBBLEE LANE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on November 14, 2018, by Rodney G. Kempf and Gloria J. Kempf in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex property identified as Assessor's Map 17-04-12-20, Tax Lot 2700, to the City of Eugene. B. The property proposed to be annexed is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property proposed to be annexed is attached to this Resolution as Exhibit B. C. The City's Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director's Findings and Recommendation is attached as Exhibit C. D. On December 28, 2018, a notice containing the street address, the assessor's map and tax lot number for the property, a description of the land proposed to be annexed, and the Planning Director's preliminary recommendation was mailed to the applicant, owners and occupants of property within 500 feet of the perimeter of the subject property, and the Santa Clara Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on February 11, 2019. E. After considering the Planning Director's recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director's Findings and Recommendation which are attached as Exhibit C and are adopted in support of this Resolution, it is ordered that the land identified as Assessor's Map 17-04-12-20, Tax Lot 2700, which is depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, is annexed to the City of Eugene. Resolution - Page 1 of 2 Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation and the automatic rezoning of the land pursuant to EC 9.7820(3) from AG Agricultural with /UL Urbanizable Land and /WR Water Resources Conservation Overlays to AG Agricultural with /WR Water Resources Conservation Overlay shall become effective in accordance with State law. The foregoing Resolution adopted the 11'x' day of February, 2019. ,City Recorder Resolution - Page 2 of 2 NO. BEARING LENGTH Ll S 57°28'0©" W 19*.11' L2 TAX LOT 41 *26'00" W TAX LOT TAX LOT S NORTH 66.00' '900TAX C 0 U N T Y 447 LOT 446 158.25 L5 L6 N N 0.04'20" E 0*04'20" E �44 TAX LOT TAX LOT 448 10 89*35'15" W 82.00 C I T Y 2100 2200 TAX LOT 2300 0 TAX LOT TAX TAX O 445 SCALE: 1 150 FT LOT LOT TAX LOT 2909 2910 101 z40;0 444 to LINE DATA TAB LE poll. I . ..... .... ..... IN 'S W55P34" Ev 722.59 "I NO. BEARING LENGTH Ll S 57°28'0©" W 19*.11' L2 S 41 *26'00" W 66.00' L3 S 2*34'00" E 66.00' L4 N 89-37'14" W 158.25 L5 L6 N N 0.04'20" E 0*04'20" E 36.50' 120.00' L7 N 89*35'15" W 82.00 F— TAX TAX 000 LOT >•- z 14.001 PUBLIC STORM SEWER EASEMENT LOT x 0) 2911 Lj• RECORDED DECEMBER 11, 1995, REC. NO:• • 20' SWR WATER RESOURCE 443 N• 9570639, LANE COUNTY OFFICIAL RECORDS.CONSERVATION SETBACK',' cq3r.- G R I Z Z L Y• lei TAX LOT AV E N U E• A cb 442 cq m m 6nv iliAT& i ArAnnm nc 7*. TAX 'T4X COT 291 WESTERLY TOP OF BANK OF GOAL 5- .(1.0' RESERVE TAX u.) LOT RIPARIAN CORRIDOR SITE #E57 C LOT 2912 A STRIP) EAST SANTA CLARA WATERWAY` 2913 C I T Y Lo ..,... W •• • , •• • , • , •• , •• • , , •• • • • • , • , •• • , •• • • • • • • • • • • • • , • • • • , •. • , •. • , •• • • '• • • •. • •�' REGISTERED N 4 C 0 U N T Y PRO FES SIONAL" • •. , EXl*STlNG'0UTbUIL6lNG�. L.M . - - TAX LOT 2700. •' '.•• '' '.'• '• ' •' '. ' ' o 'DWELLI • 2901 2800 LAND SURVEYOR LOT LOT TAX TAX Lxlsil G' g J L5.*. 60' •16.00'. N 89*42'33" W9 502.17 : ,` /. .J TAX LOT 3600 .12.001 D I B B L E E L4 COUNTY OREGON C I T Y 77= RIGHT—OF—WAY AGREEMENT >7 JULY 113, 2000 LANE TAX MICHAEL R. DAHRENS RECORDED APRIL 4, 19770 TAX TAX >- TAX z LOT LOT LOT z LOT REC. NO. 7718979, LANE TAX LOT 3500 2,501 60052 3407 3408 = 12400 COUNTY OFFICIAL, RECORDS. 0 SILVEA ACRgS 5IRST AMMON RENEWS: 12-31-2019 SITE PLAN FOR: LEGEND ROSEMARY C I T YBLAZER AVE. RIVER LP. 1 CL- < c� V) UJ 999�� Mw i�m WEDGEWOOD ROD &0" GLORIA KEMPF ANNEXATION ��C 0 U N T Y Cl-rY LIMITS LINE AVE. DR. Of LU > URBAN GROWTH CD w GRIZZLY 00000 ......... NAV 1/4 SECTION 12, T17S . R4W, W.M. CHAPEL DR. //77 BOUNDARY (UGB) AVE. -A0 ASSESSORS MAP 17-04-12-20, TAX LOT 2700 FERNDALE R. RIVER LP. 1 DIBBLEE LN. SITE • AFFECTED TERRITORY EUGENE, LANE COUNTY, OREGON TO BE ANNEXED cn Q MEADOWSDr? AREA ACRES AUMLz < y AVE. ui . Ln NOTES n NORTH AVA ST. 1 NO PUBLIC RIGHT OF WAYS ARE W. MYOAK BANTON AVE. WAY Ld Z) INCLUDED IN THE AFFECTED < 7� GERALD AVE. cr- DR. ,j TERRITORY TO BE ANNEXED. MYOAK DR. w TAZ CD z Uj 2. BOUNDARY DATA SHOWN HEREON AZALEA DR. LN. IS PER BOUNDARY SURVEY FILED cn Uj 1 2350 Oakmont Way, Suite 105 Eugene, Oregon 97401 (541) 485-8383 1 JUNE 22, 2018 AS COUNTY IRVING I RD. I HUNSAKER LN. JOB NO. 18-7587 OCTOBER 16, 2018 SURVEYOR'S FILE NO. 44379. VICINITY MAP NOT TO SCALE Exhibit B Legal Description for the Annexation of the Kempf Property to the City of Eugene NW 1/4 of SECTION 12, T17S, R4W, W.M. Lane County Assessor's Map 17-04-12-20, Tax Lot 2700 A parcel of land situated in the Northwest One Quarter of Section 12, Township 17 South, Range 4 West of the Willamette Meridian, in Lane County, Oregon, said parcel being that property described in Bargain and Sale Deed recorded June 18, 2015, Reception No. 2015-028358, Lane County Deeds and Records, and being more particularly described as follows: Beginning at the Northwest corner of that property described in Deed recorded June 18, 2015, Reception No. 2015-028358, Lane County Deeds and Records, said Point of Beginning being West, 2829.05 feet (record = 2829.98 feet) and South, 1303.70 feet (record = 1303.25 feet) and South 89°45'40" East, 1033.56 feet and South 0°04'20" West, 613.04 feet (record = 612.66 feet) from the Northeast corner of the L. Poindexter Donation Land Claim No. 52, Township 17 South, Range 4 West of the Willamette Meridian; from the Point of Beginning run thence South 88055'34'' East, 722.59 feet to an iron pipe; thence North 2°34'00" West, 143.43 feet to the Westerly line of THIRD ADDITION TO RIVERSIDE VISTA, as platted and recorded in Book 44, Page 24, Lane County Oregon Plat Records; thence along said Westerly line South 32°19'35" East, 430.34 feet; thence leaving said Westerly line run South 57°26'00" West, 194.11 feet; thence South 41°26'00" West, 66.00 feet; thence South 2°34'00" East, 66.00 feet to a point on a Boundary Agreement Line as marked on the ground and recorded in Book 200, Page 163, Lane County Oregon Deed Records; thence along said Boundary Agreement Line North 89°42'33" West, 502.17 feet to an iron pin; thence leaving said Boundary Agreement Line and running parallel with and 3.45 feet North of, when measured at right angles to, the North line of a certain tract of land as determined by Circuit Court Case No. 36727, as filed in Volume 95, Page 333, Records of Lane County Oregon, North 89'37'14" West, 158.25 feet to a point on the East line of a certain tract conveyed by Deed from Donald B. and Erma L. Kempf to Lane County, a political subdivision of the State of Oregon, as recorded on Reel No. 237-D, Reception No. 46272, Lane County Oregon Deed Records; thence along the East line of said tract North 0°04'20" East, 36.50 feet to the Northeast corner thereof, said Northeast corner being the Southeast corner of a certain tract of land conveyed by Deed recorded on Reel No. 221, Reception No. 14055, Lane County Oregon Deed Records; thence along the East line of said tract North 0°04'20" East, 120.00 feet to the Northeast corner thereof, thence along the North line of said tract, North 89'35'15" West, 82.00 feet to the Northwest corner thereof; thence North 0°04'20" East, 293.11 feet to the Point of Beginning, in Lane County, Oregon. Containing 8.42 acres, more or less. Bearings and distances in the foregoing description are based on that Boundary Survey by SSW Engineers Inc. filed June 22, 2018 as County Surveyor's File No. 44379. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 11, 2000 MICHAEL R. DAl-1RENS 60052 FiENEVJAL DATE: 12.31.20/9 Exhibit C Planning Directors Findings and Recommendation Annexation Request for Kempf, Rodney and Gloria (City File: A38-10) Application Submitted: November 14, 2018 Applicant: Kempf, Rodney& Gloria Property Included in Annexation Request: Tax Lot 2700 of Assessors Map 1]-04-12-20 Zoning: AG Agricultural with /W R Water Resources Conservation Overlay and /UL Urbanlzable land Overlay Location: 301 Dlbblee Lane Representative: Jason Goshert, SSW Engineers, Inc Lead City Staff: Nicholas Gloello, Ory of Eugene Planning Division, 541£82-5453 EVALUTATION: Based on the Information provided by the applicant, the Oty has determined that this request complies with Eugene Code LEG) Semon 9.7805 Annexation Applicability. As such, It is subject to review and approval In accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval olterla are presented below In bald typeface with findings and condusionsfollowmg each. EC 9.7825(1) The land proposedto beannexed iswithinthe city's urban growth boundary and is: (a) Contiguous to the aty limits; or (b) Separated from the city only by a public right of way or a aspect, bay, lake or other body ofwater. Complies Findings: The annexation area lswlthln the City's urban growth boundary(UGB), and is cntiguouato the City llmrsalong the west and south property lines, consistent with 7NO YES anbsemon (a). EC 9.7825(2) The proposed annexation is consiasentwith applicable polices in the Metro Plan and in aapplicable refinement lane. Complies Findings: Several policies from the Metro Plan provide support for this annexation by encouraging compact urban growth toachieve efficient use of and urban service E] NO YES provisions within the URGE, Inducing the following polities from the Growth Management section (In ltzllctext): Policy B. Land with In the UGB may be convertedfrom urbanlzable to urban only through annexation to a city ween It isfou no that a. A minim um level of key urban facilities an dservlcec can be provided to the area in an orderly andefficient manner. b. There will be a logical area and him e within which to deliver urban servicer andfacillhiar. Conversion of urbanlzable land to urban shall also be consistent with the Metro Plan. (page 11 CA) Po11cy10. Annexation to a city through normal processes shall continue to be the highest priority. (pay ell C 5). vempg Rodney a Gloria (A 18-10) ban tax ml5 PY,I Exhibit C Kempf, Rodney & Gloria (A 18-10) January 2019 Page 2 Policy 15. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. (page 11-C-5) The following policy from the Residential Element of the Metro Plan is also applicable: Policy A.2 Residentially designated land within the UGB should be zoned consistent with the Metro Plan, and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and UGB until rezoned for urban uses. The Metro Plan designates the property to be annexed as appropriate for low-density residential use. The River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject property and also designates the area for residential uses. The property is zoned AG Agricultural with /WR Water Resources Conservation and /UL Urbanizable Land overlays. The current zoning of AG is intended to allow agricultural uses within the UGB until land is converted to urban use. Agricultural uses are considered interim uses until public facilities and services can be provided. In order for this property to further develop as residential property in the future, a zone change to R-1 Low Density Residential will be necessary. The /UL overlay will be automatically removed from the zoning following annexation approval. With regard to applicable policies of the RR/SC UFP, none of the general "Residential Land Use Policies" at Section 2.2 appear to be directly applicable to the subject request. The "Public Facilities and Services Element' policies of the RR/SC UFP are directed at local government; however, the premise of these policies (regarding the provision of urban services) is the assumption that property within the UGB will be annexed. As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services. The annexation procedures beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is consistent with State law. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and RR/SC UFP refinement plan. EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Complies Findings: Consistent with this criterion, the proposed annexation will result in a boundary in which the minimum level of key urban facilities and services can be ® ❑ NO YES provided in an orderly, efficient, and timely manner as detailed below: Kempf, Rodney & Gloria (A 18-10) January 2019 Page 2 Exhibit C Wastewater There is an 8 -inch public wastewater line terminating at the subject property within Dibblee Lane. As an informational item, there is a waste water assessment for this tax lot which will need to be paid prior to any additional development on this tax lot. Stormwater There is a 24 inch Public stormwater line that runs east to west through the middle of this lot. Records show that the soils are mapped as Type B, indicating fairly good infiltration. Testing may be required at the time of development to demonstrate adequate percolation rates and the applicant must discharge its stormwater runoff from impervious surfaces to an approved point of discharge and demonstrate the downstream capacity for stormwater disposal. Transportation Both Dibblee Lane and Grizzly Avenue terminate along the west property boundary. Both streets are paved, local roads owned and maintained by Lane County Public Works. Access management and street standards will be evaluated at the time of future development. Comments from Lane County Transportation Planning indicate no concerns with the proposed annexation request. Any redevelopment or new development of the property must demonstrate compliance with the requirements of Lane Code Chapter 15. A review for compliance with Lane County road requirements will apply at the time the property is developed. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric EWEB Water staff state no objection to the annexation. EWEB Electric staff also state no objection to the annexation. Water and electric services can be extended to the subject property in accordance with EWEB policies and procedures. Public Safety Police protection can be extended to this site upon annexation consistent with service provision through the City. Fire protection will be provided by the Eugene Springfield Fire. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield to central Lane County and will continue in the same manner upon annexation. Parks and Recreation Parks and recreation programs are provided on a City-wide basis. The inclusion of the subject property in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. Kempf, Rodney & Gloria (A 18-10) January 2019 Page 3 Exhibit C Planning and Development Services Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property upon annexation. Communications A variety of telecommunications providers offer communications services throughout the Eugene/Springfield area. Public Schools The subject property is within Eugene School District 4.1 and is within the district boundary of Awbrey Park Elementary School, Madison Middle School, and North Eugene High School. As access to schools is evaluated on a district wide basis, the property's location within the school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. CONCLUSION: Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed annexation is consistent with the applicable approval criteria. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with State law. Kempf, Rodney & Gloria (A 18-10) January 2019 Page 4