HomeMy WebLinkAboutResolution No. 5425COUNCIL RESOLUTION NO. 5425
RESOLUTION ANNEXING A PORTION OF THE RIGHT-OF-
WAY OF GILHAM ROAD TO THE CITY OF EUGENE
(AREA IDENTIFIED AS A PORTION OF THE GILHAM
ROAD RIGHT-OF-WAY BETWEEN DON JUAN AVENUE
AND AYRES ROAD (ASSESSOR'S MAP NO. 17-04-08))
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: October 28, 2024
RESOLUTION NO.5425
RESOLUTION ANNEXING A PORTION OF THE RIGHT-OF-WAY OF
GILHAM ROAD TO THE CITY OF EUGENE (AREA IDENTIFIED AS A
PORTION OF THE GILHAM ROAD RIGHT-OF-WAY BETWEEN DON
JUAN AVENUE AND AYRES ROAD (ASSESSOR'S MAP NO. 17-04-08))
The City Council of the City of Eugene finds that:
A. An annexation application was submitted by the City of Eugene on August 20,
2024, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") for
annexation to the City of Eugene of street right-of-way identified as that portion of the Gilham
Road right-of-way between Don Juan Avenue and Ayres Road (Assessor's Map No. 17-04-08)).
B. The area proposed to be annexed is depicted on the map attached as Exhibit A to
this Resolution. The legal description of the right-of-way 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 are attached to this Resolution as Exhibit C.
D. On September 27, 2024, a notice containing a description of the street right-of-way
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 areas
to be annexed, and the Northeast Neighbors Neighborhood Association. The notice advised that
the City Council would consider the Planning Director's full recommendation on the proposed
annexation on October 28, 2024.
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 street right-of-way identified as that portion of the Gilham Road right-of-way
between Don Juan Avenue and Ayres Road (Assessor's Map No. 17-04-08)), and which is 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 shall become effective in accordance with State law.
The foregoing Resolution adopted the 28111 day of October, 2024.
ity Rec rde
Resolution - Page 2 of 2
SEE SHEET 2
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
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OREGON
January 12, 1999 , 12
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JAMES W. COLTON +43.00 30.50' 215 +43.00
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RENEWAL DATE: DEC. 31, 2025 / / /27.50' +26.00
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2 / 00.00' from the 5E Corner of the
A. B. Stevens Donation Land Claim No,
40, T 17S, R3W, W. M.
LEGEND
AREA TO DE ANNEXED
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SEE SHEET 3
SEE SHEET 2
LEGEND
- AREA TO DE ANNEXED
- CITY LIMITS
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PROFESSIONAL
LAND SURVEYOR
RENEWAL DATE: DEC. 31, 2025
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SEE SHEET
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LEGEND
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- CITY LIMITS
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
RENEWAL DATE: DEC. 31, 2025
0 25 50 100
5CALE f " = 40'
AREA TO BE
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SEE SKEET 3
LEGEND
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CITY LIMITS
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NOT TO SCALE
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
January 12, 1999
JAM ES W. COLTON
58756
RENEWAL DATE: DEC. 31, 2025
Gilham Road (County Road No. 2283)
Legal Description for Annexation
Ayers Road to Don Juan Avenue
A strip of land variable feet in width lying on both sides of the centerline of Gilham Road, in
Section 8, Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon,
as surveyed by Lane County in 2020; the centerline and widths in feet being described as
follows:
Beginning at Engineers' Centerline Station L 21+00.00 POT, said station being North 0°06'26"
East 2,100.00 feet from a 2-3/4 inch Lane County Surveyor's Office brass cap marking the
Southeast Corner of the A.B. Stevens Donation Land Claim No. 40, Township 17 South, Range 3
West of the Willamette Meridian, said centerline station being on the east line of said claim; run
thence North 0°06'26" East, along the east line of said claim, 1363.95 feet to Engineers' Centerline
Station L 34+63.95 POT, said Engineer's Centerline Station being opposite of and at right angles
to the northerly right of way line of Don Juan Avenue, County Road No. 1749, and there ending,
all in Lane County, Oregon.
The widths in feet of the strip of land herein described are as follows:
STATION TO STATION
WIDTH ON WEST
SIDE OF CENTERLINE
L 21+00.00 POT
L 21+43.00 POT
55.66 ft. tapering on a straight
line to 30.50 ft.
L 21+43.00 POT
L 23+09.64 POT
30.50 ft.
L 23+09.64 POT
L 23+09.64 POT
30.50 ft. to 28.86 ft.
L 23+09.64 POT
L 27+89.01 POT
28.86 ft. tapering on a straight
line to 28.64 ft.
L 27+89.01 POT
L 27+89.01 POT
28.64 ft. to 31.45 ft.
L 27+89.01 POT
L 28+90.00 POT
31.45 ft. tapering on a straight
line to 31.39 ft.
L 28+90.00 POT
L 28+93.95 POT
31.39 ft. tapering on a straight
line to 35.34 ft.
L 28+93.95 POT
L 29+43.95 POT
35.34 ft. tapering on a straight
Line to 35.42 ft.
29+43.95 POT
L 29+48.00 POT
35.42 ft. tapering on a straight
line to 31.36 ft.
STATION TO STATION WIDTH ON WEST
SIDE OF CENTERLINE
L 29+48.00 POT L 34+01.00 POT 31.36 ft. tapering on a straight
line to 3 1. 10 ft.
L 34+01.00 POT L 34+03.95 POT 3 1. 10 ft. tapering on a straight
line to 34.00 ft.
L 34+03.95 POT L 34+63.95 POT 34.00 ft. tapering on a straight
line to 31.07 ft.
STATION TO STATION WIDTH ON EAST
SIDE OF CENTERLINE
L 21+00.00 POT L 21+26.00 POT 26.27 ft. tapering on a straight
line to 26.28 ft.
L 21+26.00 POT L 21+26.00 POT 26.28 ft. to 27.50 ft.
L 21+26.00 POT L 21+43.00 POT 27.50 ft.
L 21+43.00 POT L 21+43.00 POT 27.50 ft. to 26.29 ft.
L 21+43.00 POT L 23+18.65 POT 26.29 ft. tapering on a straight
line to 26.37 ft.
L 23+18.65 POT L 23+18.64 POT 26.37 ft. to 28.82 ft.
L 23+18.64 POT L 27+69.64 POT 28.82 ft. tapering on a straight
line to 28.81 ft.
L 27+69.64 POT L 27+69.62 POT 28.81 ft. tapering on a straight
line to 21.00 ft.
L 27+69.62 POT L 30+39.53 POT 21.00 ft.
L 30+39.53 POT L 31+25.67 POT 21.00 ft. tapering on a straight
line to 19.04 ft.
L 31+25.67 POT L 32+20.50 POT 19.04 ft. tapering on a straight
line to 19.11 ft.
7
STATION TO STATION
L 32+20.50 POT
L 32+20.47 POT
L 32+20.47 POT
L 34+63.95 POT
WIDTH ON EAST
SIDE OF CENTERLINE
19,11 ft. tapering on a straight
line to 28.98 ft.
28.98 ft.
Except Therefrom: All that portion of County Road No. 302 surrendered to the City of Eugene pursuant to
Lane County Board of Commissioners Order No. 87-12-16-1.
The bearings used herein are based on the Oregon Coordinate Reference System (OCRS), Eugene Zone,
NAD83 (CORS 2011), Epoch 2010.00, as shown on County Survey File No. 45271, on file at the Lane
County Surveyor's Office, Lane County, Oregon.
REGISTERED
PROFESSIONAL
JUNE 13, 2003
MIKEAL J. BLOMME
74387
RENEWS. �£C . 3 20ZS
Certification 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:
RegistereIl Land Surveyor
Print Name: ,ill Ke*c- J • a-O&Ltoc(E ,
Date: /Z) 3
Seal:
REGISTERED
PROFESSIONAL
JUNE 13, 2008
MIKEAL J. BLOMME
74387
RENEWS. 15)`C. 3 I 1 ZDZS
Exhibit C
^Mw Planning Director's Findings and Recommendation:
Annexation Request for Gilham Rd
(City File: A 24-13)
Application Submitted: August 20, 2024
Applicant: Jonathan Patrick, City of Eugene Public Works Engineering; 541-682-6854
Property Included in Annexation Request: Gilham Road between Don Juan Avenue and Ayres Road
Zoning: No applicable zoning (public street right-of-way)
Lead City Staff: Brai Black, Assistant Planner, City of Eugene Planning Division; 541-682-5437
EVALUATION:
Based on the information provided by the applicant, the City has determined that this request complies
with Eugene Code (EC) Section 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 criteria are presented below in bold typeface with findings and
conclusions following each.
EC 9.7825(1) The land proposed to be annexed is within the city's urban growth boundary and is:
(a) Contiguous to the city limits; or
(b) Separated from the city only by a public right of way or a stream, bay, lake or other
body of water.
Complies
Findings: The annexation area is within the Urban Growth Boundary and is contiguous to
City limits, consistent with subsection (a).
®
❑
YES
NO
EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in
any applicable refinement plans.
Complies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to achieve efficient use of land and urban service
®
0
YES
NO
provisions within the UGB, including the following policies from the Growth
Management section (in italic text):
Policy 1. The UGB and sequential development shall continue to be implemented as an
essential means to achieve compact urban growth. The provision of all urban
services shall be concentrated inside the UGB. (page 11-C-4)
Policy 9. A full range of key urban facilities and services shall be provided to urban
areas according to demonstrated need and budgetary priorities. (page 11-C-5)
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11-C-5).
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
Gilham Rd (A 24-13) October 2024 Page 1
Exhibit C
EC 9.7825(3)
Comolies
YES I NO
frame for annexation may vary, annexation should occur as land transitions
from urbanizable to urban. (page 11-C-5)
As discussed in this subsection, and further detailed under subsection (3) below, the
proposed annexation is consistent with Metro Plan growth management policies.
The proposed annexation of this section of Gilham Road will increase the effectiveness
and efficiency of services provided by the City, and the allocation of municipal resources.
The Willakenzie Area Plan is the adopted refinement plan for the subject street
annexation. Regarding applicable policies within the refinement plan, a portion of the
street annexation is within the Unincorporated Subarea; however, none of those
subarea policies are applicable to the request. The City's proposed street annexation is
consistent with the following policy under the Transportation Element Section:
Policy 1. The transportation network within the Willakenzie area shall be planned and
designed to ensure; a) preservation of existing neighborhoods; b) an adequate
system of arterials and collectors for the efficient movement of through
traffic; and c) the preservation of the use of local streets for local traffic.
The requested annexation supports this policy by annexing right-of-way with the goal of
an eventual jurisdictional transfer of responsibility for the right-of-way to the City of
Eugene; thus, providing clarity on the jurisdictional responsibility for maintenance of the
right-of-way and allowing for future improvements. Planned capital improvements in
this section of Gilham Road will enhance safety for pedestrians and bicyclists and will
serve all users of the transportation system.
Therefore, based on the findings above, the proposal is consistent with the applicable
policies of the Metro Plan and the applicable refinement plan.
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 timelv manner.
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
provided in an orderly, efficient, and timely manner as detailed below:
Wastewater
Wastewater facilities owned and maintained by the City currently exist within the right-
of-way. The proposed annexation will not necessitate any new wastewater service
extensions or affect the ownership and maintenance of the wastewater facilities in
place.
Stormwater
There are existing public stormwater systems, which are currently owned by both Lane
County and the City of Eugene, within Gilham Road. Following annexation, Lane County
will continue to own and maintain County -owned stormwater infrastructure within the
Gilham Rd (A 24-13) October 2024 Page 2
Exhibit C
right-of-way, and the remainder of the public stormwater system will continue to be
owned and maintained by the City of Eugene.
Transportation
The proposed annexation will eventually result in improved functionality of this section
of Gilham Road, due to the scope of planned capital improvement projects in this area.
Gilham Road will continue to operate as a key transportation facility.
Solid Waste
Collection service is provided by private firms. Regional disposal sites are operated by
Lane County. The proposed annexation will have no effect on these services.
Water and Electric
Eugene Water and Electric Board (EWEB) currently has overhead power lines within the
proposed annexation area and a water line within this section of Gilham Road. The
proposed annexation will have no effect on these facilities.
Streets
Gilham Road is classified as a neighborhood collector street and is currently under Lane
County jurisdiction. Following annexation, a jurisdictional transfer will occur to transfer
ownership and maintenance responsibility to the City of Eugene.
Public Safety
Police protection will be provided upon annexation consistent with service provision
throughout the City. Fire protection will continue to be provided by the Eugene
Springfield Fire Department. Emergency medical services are currently provided on a
regional basis and will also 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 area 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 already provided for all areas located within
the Urban Growth Boundary by the City of Eugene.
Communications
Communications infrastructure and services already exist within the street right-of-way.
The proposed annexation will have no effect on these facilities. Any future
communication facilities or infrastructure will require a right-of-way permit and approval
by the Public Works Maintenance Division of the City of Eugene.
Public Schools
The subject annexation area is within Eugene School District 4J. As access to schools is
evaluated on a district wide basis, the annexation area's location within a school district
is sufficient evidence to demonstrate the minimum level of this key urban service is met.
Gilham Rd (A 24-13) October 2024 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 area subject to annexation are included in the application file for reference. The effective
date of the annexation will be set in accordance with State law.
INFORMATIONAL ITEMS:
Approval of this annexation does not relieve the applicant from complying with applicable codes and
statutory requirements.
Gilham Rd (A 24-13) October 2024 Page 4