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HomeMy WebLinkAboutResolution No. 5277AIM— City Recorder September 23, 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: 17-04-14-44; 17-04-13-33; 17-04-24-22 Tax Lot(s): N/A (Hatton, A19-4) If you need further assistance, please feel free to contact Amy Janisch at 541-682-5699. Sincerely, 6V'a JMtA Beth Forrest City Recorder City of Eugene • 125 E. 8th Ave., 2nd Floor • Eugene, OR 97401 • 541-682-5042 • 541-682-5414 Fax www.eugene-or.gov Eugene HATTON AVENUE Area Annexation Right -Of -Way Annexation -Various Streets AttachmentA 4_ • tum A or% AVE LU F -J 4A WW`7i z 7 Ft, Ill 07 0 kr z E MAYNARD' E Z AY RD AV fw_ 14 f .4i, J, 7'. "I q 1 NIXON!' 1A E HATTON HATTON AVE L 4 LLI 4 A� WL L -1 446 7 HARVEY AVE., HARVEY AV 711� 41f A LU, LU r A 5- r - F777 - Lu, rTAII� 0W. LU Y BRIANA LN > z > f WC LINDNER LN ImL z -'VW > f-� W 4 17,4* I- L A 4 MANIA 71i* fa NA IL 0- z 77=:'2 L S A- e�.a. Aw, GAR 41 kzv, � - - CU TH L 1-b P) I I �,%*l JL0JLJk �J '_.. .- - ROSETTA AVE N TN' %9A4 F NAW L mr— IV i't ry, �rl �/i;l i L7 F71 HattonROWannex Caution: This map is based on imprecise source data, subject to Eugene City Limits change, and for general reference only. Tax1ots Created on 8/8/2019 by City of Eugene Planning Division Ft 0 62.5 125 250 September 23, 2019, Meeting - Item 2B COUNCH, RESOLUTION NO. 5277 RE SOLUTION ANNEXING RIGHTS OFWAYTO THE CITY OF EUGENE (SECTIONS OF: HARVEY AVENUE; MAYNARDAVENUE FROMRIVERROAD WEST; HATTON AVENUE WEST TO PARNELL DRIVE; MANZANA STREET FROM HOWARD SOUTH; AND EVERGREENDRIVE FROMHOWARDAVENUE SOUTH TO ROSETTA AVENUE). PASSED: 8:0 R CTED: OPPOSED: ABSENT: CONSIDERED: September 23, 2019 Ake qw RESOLUTION NO. 5277 RESOLUTION ANNEXING RIGHTS-OF-WAY TO THE CITY OF EUGENE (SECTIONS OF: HARVEY AVENUE; MAYNARD AVENUE FROM RIVER ROAD WEST; HATTON AVENUE WEST TO PARNELL DRIVE; MANZANA STREET FROM HOWARD SOUTH; AND EVERGREEN DRIVE FROM HOWARD AVENUE SOUTH TO ROSETTA AVENUE). The City Council of the City of Eugene finds that: A. An annexation application was submitted on June 25, 2019, by the City of Eugene, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") to annex to the City of Eugene a section of Harvey Avenue; Maynard Avenue from River Road west; Hatton Avenue west to Parnell Drive; Manzana Street from Howard south; and Evergreen Drive from Howard Avenue south to Rosetta Avenue. B. The rights-of-way proposed to be annexed are depicted on the map attached as Exhibit A to this Resolution. The legal descriptions of the rights-of-way proposed to be annexed are 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 September 9, 2019, a notice containing a geographical reference to the rights- of-way, a description of the rights-of-way proposed to be annexed, and the Planning Director's preliminary recommendation was mailed to the applicant, owners and occupants of properties located within 500 feet of the perimeter of the subject portions of right-of-way, and the River Road Community Organization. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on September 9, 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 sections of Harvey Avenue, Maynard Avenue, Hatton Avenue, Manzana Street, Resolution - Page 1 of 2 and Evergreen Drive, which are depicted on the map attached as Exhibit A, and more particularly described in the attached Exhibit B, are annexed to the City of Eugene. Section 2. This Resolution is effective immediately upon its passage by the City Council. The annexation shall become effective in accordance with State law. The foregoing Resolution adopted the 231d day of September, 2019. -City Recorder Resolution - Page 2 of 2 1h Hat.L-on Avenue Area Annexation AVE EXHIBIT A Area of proposed annexation 0 Areas within City of Eugene limits Caution: This map is based on imprecise source data, subject to change, and for general reference only, qW Ft 0 90 180 360 Mav S. 2019 EXHIBIT B w,ertification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: 0 Registered-E�In—d Surveyor Print Name: Date: ,S—G d Seal: REGISTERED PROFESSIONAL LAND SURVEYOR 01 OREGON March 20, 1986 H. TIMOTHY FASSBENDER 2199 RENEWAL DATE: DEC. 31, 2019 EXHIBIT B Harvey Avenue A portion of Harvey Avenue located in the Southwest one-quarter of the Southwest one-quarter of Section 13 in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the Northwest corner of Lot 1 in Block 5 of Schmitz's Addition as platted and recorded in Book 17, page 25 Lane County Plat Records in Lane County, Oregon; thence Easterly along the south right-of-way line of said Harvey Avenue to the Northeast corner of Lot 2 in Block 5 of said Schmitz's Addition; thence Northerly along the Easterly plat line of said Schmitz's Addition to the Southeast corner of Lot 2 in Block 3 of said Schmitz's Addition; thence Westerly along the northerly right-of-way line of said Harvey Avenue to the Southwest corner of Lot 1 in Block 3; thence Southerly to said Not corner of Lot 1 in Block 5 and being the point of beginning and there ending, all in Lane County, Oregon. Containing 6,700 square feet more or less. Maynard Avenue A portion of Maynard Avenue located in the Southwest one-quarter of the Southwest one-quarter of Section 13 in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the Northeast corner of Lot 15 of Maynard's Addition as platted and recorded in Book 16, page 23 Lane County Oregon Plat Records in Lane County, Oregon, said point also being the intersection of the South right-of-way line of Maynard Avenue and the Westerly right- of-way line of River Road; thence Westerly along the south right-of-way line of said Maynard Avenue to the Northwest corner of Lot 5 of said Maynard's Addition; thence Northerly to the Northeast corner of tax lot 300 of tax map number 17-04-14-44; thence westerly along the north line of said tax lot 300 82.53 feet more or less to the southerly southeast corner of tax lot 200 of tax map number 17-04-14-44; thence Northeasterly along a 45 foot radius curve to the right to the Southwest corner of Lot 4 of said Maynard's Addition; thence Easterly along the northerly right-of-way line of said Maynard Avenue to the Southeast corner of Lot 9 of said Maynard's Addition also being the intersection of the North right-of-way line of Maynard Avenue and the Westerly right-of-way line of River Road; thence Southeasterly to the Northeast corner of Lot 15 of Maynard's Addition and the point of beginning and there ending, all in Lane County, Oregon. Containing 38,850 square feet more or less. EXHIBIT B Hatton Avenue A portion of Hatton Avenue located in the Southwest one-quarter of the Southwest one-quarter of Section 13 and in the Southeast one-quarter of the Southeast one-quarter of Section 14 all in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the Northeast corner of Lot 3 in Block 3 of Schmitz's Addition as platted and recorded in Book 17, page 25 Lane County Oregon Plat Records in Lane County, Oregon; thence Westerly along the South right-of-way line of Hatton Avenue to the Northwest corner of Lot 1 in Block 2 of Windsor Estates as Platted and Recorded in Book 46, Page 24 Lane County Oregon Plat Records in Lane County, Oregon; thence Northerly 55 feet, more or less to the Northerly right-of-way line of said Hatton Avenue; thence Easterly along said Northerly right-of-way line of Hatton Avenue to the West boundary if extended southerly of Huetter Park as platted and recorded in Book 19, Page 20 Lane County Oregon Plat Records in Lane County, Oregon; thence Northerly 5 feet more or less to the Southwest corner of Lot 5 in Block 2 of said Huetter Park; thence Easterly along said northerly right-of-way line of said Hatton to the Southeast corner of Lot 5 in Block 1 of said Huetter Park; thence following the northerly right-of-way line the following courses, Southerly 10 feet more or less; thence Easterly 100 feet more or less; thence Northerly 5 feet more or less to the Southwest corner of Lot 1 in Block 1 of said Schmitz's Addition; thence Easterly along said Northerly right-of-way line of Hatton Avenue to the Southeast corner of Lot 2 in Block 2 of said Schmitz's Addition; thence Southerly to the Northeast corner of Lot 3 in Block 3 of Schmitz's Addition and the point of beginning and there ending, all in Lane County, Oregon. Containing 56,300 square feet more or less. Manzana Street (North) A portion of Manzana Street located in the Southeast one-quarter of the Southeast one-quarter of Section 14 all in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the intersection of the Southerly right-of-way line of Howard Land and the Westerly right-of-way line of Manzana Street; thence Southerly along the Westerly right-of-way line of said Manana Street to the Southeast corner of Lot 5 in Block 2 of Huetter Park as platted and record in Book 19, Page 20 Lane County Oregon Plat Records in Lane County, Oregon; thence Easterly to the Southwest corner of Lot 5 of Block 1 of said Huetter Park; thence Northerly along the Easterly right-of-way line of said Manzana Street to the intersection of the South right-of-way line of Howard Lane and the Easterly right-of-way line of said Manzana Street; thence Westerly to intersection Southerly right-of-way line of Howard Land and the Westerly right-of-way line of Manana Street being the point of beginning and there ending, all in Lane County, Oregon. Containing 31,500 square feet more or less. EXHIBIT B Manzana Street (South) A portion of Manana Street located in the Southeast one-quarter of the Southeast one-quarter of Section 14 all in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the Northeast corner of Lot 8 of Block 2 of Windsor Estates as platted and recorded in Book 46, Page 24 Lane County Oregon Plat Records in Lane County, Oregon; thence Southerly along the Westerly right-of-way line of Manzana Street to the Southeast corner of Lot 5 of Block 4 of said Windsor Estates; thence Easterly to the Southwest corner of Lot 4 of Block 1 of said Windsor Estates; thence Northerly along the Easterly right-of-way line of said Manzana Street to the Northwest corner of Lot 1 of Block 1 of said Windsor Estates; thence Westerly to the Northeast corner Lot 8 of Block 2 of said Windsor Estates being the point of beginning and there ending, all in Lane County, Oregon. Containing 18,000 square feet more or less. Evergreen Drive A portion of Evergreen Drive located in the Southwest one-quarter of the Southwest one-quarter of Section 13 in Township 17 South, Range 4 West of the Willamette Meridian being more particularly described as follows; Beginning at the Northeast corner of Lot 1 of Maynard's Addition as platted and recorded in Boole 16, page 23 Lane County Oregon Plat Records in Lane County, Oregon; thence Southerly along the Westerly right-of-way line of Evergreen Drive to Southerly Northeast corner of Lot 35 of Rosetta Place as platted and recorded in File 75, Slide 1064-1070 Lane County Oregon Plat Records in Lane County, Oregon; thence Easterly to the Northwest corner of Lot 3 of Woodruff Gardens as plated and recorded in Lane County Official Records 2005-000734 Lane County Deed Records in Lane County, Oregon; thence Northerly along the Easterly right-of-way line of said Evergreen Drive to the Northwest of Lot 19 of said Maynard's Addition; thence Westerly to the Northeast corner of Lot 1 of said Maynard's Addition and being the point of beginning and there ending, all in Lane County, Oregon; Containing 81,605 square feet more or less. Exhibit Planning Directors Findings and Recommendation Annexation Request for Various Right -of -Way (City File: A 194) Application Submitted: lune 25, 2019 Applicant: GM of Eugene Property Included in Annex rtion Request: Sections of the following street rlgbts of way: Harvey Avenue, Maynard Avenue, Hatton Avenue, Man zana Street, and Evergreen Drive. Zoning: None (Street FIghts of Way) Location: Various Right of Way located east of Fiver Road Representative: Donna Stark, City of Eugene Surveyor: Tim Fassbender, City of Eugene Lead City Staff: Dan Halverson, GM of Eugene Planning Division, 541£82-5410 EVALUTATION: Based on the Information provided by the applicant, the GM has determined that this request Muddles with Eugene Code (EC) 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 9.7855. The applicable approval a terla are presented below In bald typeface with findings and conclusions following each. EC 9.1825(1) The land proposed to be annexed iswithin the cil urban growth boundary and is: (a) Comiguous to the aty limits; or (b) Separated from the aty only by a public right of way or a stream, bay, lake or other body of water. Compliez Findings: The an taxation area is within the Gy's urban gro Astir oun dory ITT GM an d is cntguousto the City l lm Its, cc nlstent with an has cl n(a). ❑NO TES EC9.7825(2) The proposed annexation is consistent with applicable polices in the Metro Plan and in arty applicable refinement plans. Complies Findings: Several policies from the Metro Plan provide support for this annexation by encouraging efficient use of land and urban service provisions within the UGB, Including NO YES the following policies from the Growth Management section (In Italic text): Policy 1: The UGB andseFuentiol development shall continue to be Implement=ed as an essential means to achieve compact urban growth. TheprovANon cf all urban servicer shall be concentrated Inside the UGB. Policy 8: Afull range cf Ary urbonfaccities andsrvlces shall beprovldedto urban crass according to demonstrated need ondbudgetary priorities. (page 11{y) Poll Annexation to o city through normal processes shall continue to be the highest priority. (page 11 C 5). qry of algae xmon A necation (A 13 41 Agri Y13 EYE Exhibit C City of Eugene Hatton Annexation (A 19-4) August 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 River Road - Santa Clara Urban Facilities Plan (RR/SC UFP) is the adopted refinement plan for the subject road sections. With regard to applicable policies of the RR/SC UFP, a portion of the street annexation is within the River Road/Howard subarea; however, none of these subarea policies are applicable to the request. As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies. 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. The following policies from the River Road and Santa Clara Goals, Findings, Objectives, and Policies section are also relevant to the request: Objective 2. Capitalize on existing public expectations by providing further public services which will allow the River Road and Santa Clara areas to achieve urban densities. Objective 3. Deliver a full range of urban services to the River Road and Santa Clara areas through annexation. Annexation of these various sections of Right -of -Way will create clear boundaries for police and other City services, which increases the effectiveness and efficiency of these services. In the current case, parking regulations on these sections of roads cannot be enforced by the City. Annexation will also allow for future city road improvements, parking enforcement, and services that will benefit residents and businesses in the area. 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 ® ❑ NO YES boundary in which the minimum level of key urban facilities and services can be provided in an orderly, efficient, and timely manner as detailed below: Wastewater The various rights -of -ways are not subject to wastewater connections, since rights-of- way do not trigger wastewater services. A public wastewater system is already located City of Eugene Hatton Annexation (A 19-4) August 2019 Page 2 within the all right-of-way segments proposed for annexation. Stormwater Manzana Street, Evergreen Drive and Hatton Avenue rights -of -ways have existing stormwater lines ranging from 15" to 48" in diameter. Any future street drainage improvements will be subject to city standards and specifications at the time of improvement. Transportation These sections of Right -of -Way will continue to operate as before, and no impact will occur from the annexation. 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 Eugene Water and Electric Board (EWEB) and Water staff confirm that water and electric services are available to the property. Public Safety Police protection will be extended upon annexation consistent with service provision through the City. Fire protection will be provided by 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. 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. Communications This is not relevant as the road sections will not be developed with residential or commercial uses. Public Schools This is not relevant as the road sections will not be developed with residential or commercial uses. City of Eugene Hatton Annexation (A 19-4) August 2019 Page 3 Exhibit C 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 areas subject to annexation are included in the application file for reference. The effective date is set in accordance with State law. City of Eugene Hatton Annexation (A 19-4) August 2019 Page 4