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HomeMy WebLinkAboutResolution No. 5394RESOLUTION NO. 5394 A RESOLUTION APPROVING A LOW-INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION FOR PROPERTY LOCATED ON OLIVE STREET IN EUGENE, OREGON (ASSESSOR'S MAP 17-03-31-42, TAX LOT 00300; ASSESSOR'S PROPERTY ACCOUNT NO. 1238557) (APPLICANT OLIVE PLAZA SENIOR HOUSING, LIMITED PARTNERSHIP) The City Council of the City of Eugene finds that: A. Olive Plaza Senior Housing, Limited Partnership (1900 Huntington Drive, Duarte, California, 91010) is the owner of real property located on Olive Street in Eugene, Oregon (Assessor's Map 17-03-31-42, Tax Lot 00300; Assessor's Property Account No. 1238557), more particularly described in Exhibit A attached to this Resolution (the Property). B. Olive Plaza Senior Housing, Limited Partnership (1900 Huntington Drive, Duarte, California, 91010) (the applicant) has submitted an application for an exemption from ad valorem taxes on the Property beginning July 1, 2024, under the City's Low-Income Rental Housing Property Tax Exemption Program (EC 2.937 to 2.940). C. The tax exemption being sought includes 150 one-bedroom units, one of which serves as a common area unit, for a total of 149 low-income rental units and one common area unit. The applicant is seeking tax exemption for the entire Property. D. The Community Development Manager of the Planning and Development Department, as designee of the City Manager, has prepared a Report and Recommendation recommending that the application be approved and the exemption granted. In making that recommendation, the Community Development Manager found that the applicant submitted all materials, documents, and fees required by Section 2.93 8 of the Eugene Code, 1971 (EC), and is in compliance with the policies set forth in Section 5 of the Standards and Guidelines adopted by Resolution No. 5297. In addition, the Community Development Manager found that the applicant has complied with the criteria for approval provided in EC 2.939(4), and the eligibility requirements at Section 2.10 of the Standards and Guidelines adopted by Resolution No. 5297. 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 upon the above findings, the City Council approves the application of Olive Plaza Senior Housing, Limited Partnership for an ad valorem tax exemption under the City's Low-Income Rental Housing Property Tax Exemption Program for the property identified as Assessor's Map 17-03-31-42, Tax Lot 00300; Assessor's Property Account No. 1238557; and more particularly described in Exhibit A attached to this Resolution, which includes 150 one- Resolution -Page l of 2 bedroom units , one of which serves as a common area unit , for a total of 149 low-income rental units and one common area unit. Section 2. The land and units described in Section 1 above are declared exempt from local ad valorem property taxation commencing July 1, 2024, and continuing for a continuous period of 20 years unless earlier terminated in accordance with the provisions of Section 2.940 of the Eugene Code , 1971 , which provides for termination after an opportunity to be heard if: 2.1 Construction or development of the exempt property differs from the construction or development described in the application for exemption, or was not completed by July 1, 2030, and no extensions or exceptions were granted; or 2.2 The applicant fails to comply with provisions of ORS 307.515 to 307.523, provisions of the E ugene Code, 1971 , the Standards and Guidelines adopted by Council Resolution No. 5297, or any conditions imposed in this Resolution. The tax exemption shall be terminated immediately , without right of notice or appeal , pursuant to the provisions of ORS 307.531 in the event that the county assessor determines that a change of use to other than that allowed has occurred for the housing units , or portion thereof, or, if after the date of this approval , a declaration as defined in ORS 100.005 is presented to the county assessor or tax collector for approval under ORS 100.110. Section 3. The City Manager, or the Manager's designee, is requested to forward a copy of this Resolution to the applicant within 10 days from the date of adoption of this Resolution , and to cause a copy of this Resolution to be filed with the Lane County Assessor on or before April 1, 2024. The copy of the Resolution sent to the applicant shall be accompanied by a notice explaining the grounds for possible termination of the exemption prior to the end of the exemption period and the effects of the termination. Section 4. This Resolution is effective immediately upon its passage by the City Council. The foregoing Resolution adopted the 22 nd day of January, 2024. ff(l,7.µ~ Resolution -Page 2 of 2 Exhibit A LEGAL DESCRIPTION OF PROPERTY BEGINNING AT A 1/2 INCH PIPE FOUND MARKING THE INTERSECTION OF THE SOUTH MARGIN OF 11 TH A VENUE WEST AND THE EAST MARGIN OF OLIVE STREET IN EUGENE, LANE COUNTY, OREGON; THENCE SOUTH 00°04' EAST, 179.76 FEET ALONG THE EAST MARGIN OF SAID OLIVE STREET TO A 5/8 INCH IRON PIN 40 FEET NORTH OF THE NORTH MARGIN OF A 12 FOOT ALLEY AS CONSTRUCTED; THENCE NORTH 89°51' EAST, 156.02 FEET ALONG A LINE PARALLEL TO THE CENTER LINE OF 11 TH A VENUE WEST TO A POINT MARKED BY A 5/8 INCH IRON PIN; THENCE NORTH 00°02' WEST, 13.76 FEET ALONG A LINE PARALLEL WITH A MID-LINE MIDWAY BETWEEN THE CENTER LINE OF WILLAMETTE AND OLIVE STREETS AS NOW SURVEYED AND REFERENCED BY THE OFFICE OF THE CITY ENGINEER, EUGENE, OREGON; THENCE SOUTH 89°51' WEST, 27.75 FEET ALONG A LINE PARALLEL WITH THE CENTER LINE OF 11 TH AVENUE WEST TO A POINT MARKED BY A 5/8 INCH IRON PIN; THENCE NORTH 00°02' WEST, 166.00 FEET ALONG A LINE PARALLEL WITH SAID MID-LINE TO A BUCKSHOT EMBEDDED IN THE CONCRETE WALK ON THE SOUTH MARGIN OF 11 TH AVENUE WEST; THENCE SOUTH 89°51' WEST, 128.38 FEET ALONG THE SOUTH MARGIN OF SAID 11 TH A VENUE WEST TO THE TRUE POINT OF BEGINNING, IN EUGENE, LANE COUNTY, OREGON. NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. EXIIIl3IT A