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Ordinance 1980COUNCIL BILL N0. 1016 ORDINANCE N0. 1980 AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTIES LOCATED EAST OF N. BOONES FERRY ROAD FROM MARION COUNTY EFU (EXCLUSIVE FARM USE) TO WOODBURN CITY RS (RESIDENTIAL SINGLE FAMILY). WHEREAS, the Woodburn Comprehensive Plan and Zoning Ordinance have established certain land uses within the City of Woodburn's Urban Growth Boundary; and LdHEREAS, annexation and zone change proceedings have been held before the Woodburn Planning Commission and City Council in accordance with applicable Oregon law; NOW, THEREFORE, THE CITY OF 4JOODBURN ORDAINS AS FOLLOWS: Section 1. The involved real property is described as follows: Beginning at a point which is 2129.27 feet North 87° 25' West from the North- east corner of the B. F. Hall Donation Land Claim No. 51 in Section 7, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon; thence South 13° 32' 55" West 1117.06 feet to a point; thence North 88° 29' 10' West to a point on the East line of that parcel conveyed to L. Simon on Reel 66, Page 1633; thence North 13° 32' 55" East along the said Simon East line to the Northeast corner thereof; thence West along the said Simon North line to the East boundary of Boone's Ferry Road No. 69; thence North along the said Boone's Ferry Road East line to the Southwest corner of that parcel conveyed to A. H. Wellman and P. Wellman recorded in Deed Volume 526, Page 708; thence East along the said Wellman South line 234 feet to the Southeast corner thereof; thence North along the said Wellman East line 308.2 feet to the PJorth line of the foresaid B. F. Hall Donation Land Claim; thence South 87° 25' East to the point of beginning. SAVE AND EXCEPT: Beginning at an iron pipe in the North line of the George Leasure Donation Land Claim, at a point 13.37 chains from the Northeast corner of the same in Township 5 South, Range 1 West of the Willamette Meridian, in P~larion County, Oregon; thence North 88° 30' 4Jest along the North line of said Claim 9.32 chains to an iron pipe; thence North 13° 38' East along the East line of George Miller's lot 26.493 chains to an iron pipe in the North line of the B. F. Hall Donation Land Claim; thence South 87° 25' East along the North line of said Hall Claim 9.30 chains to an iron bar; thence South 13° 38' 4Jest 26.345 chains to the point of beginning. Page 1 - COUNCIL BILL N0. 1016 ORDINANCE N0. 1980 Section 2. The above-described real property is hereby annexed into the City of Woodburn pursuant to Oregon Revised Statutes 222.120(2), notice having been duly given and the consent of the requisite land owner having been obtained, such consent which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said annexation was completed without the calling of an election. Section 3. The above-described real property is hereby reclassi- fied from Marion County EFU (Exclusive Farm Use) to Woodburn City RS (Residential Single Family). Section 4. The City Council hereby finds this reclassification and annexation to be in the public interest, to satisfy a public need, and to be in accordance with the Woodburn Comprehensive Plan. Section 5. The Woodburn City Council bases this annexation and reclassification upon findings of fact as follows: 1. The applicant is the sole applicant and the owner of the property. As such, the City is not obligated to seek approval from registered voters of the City of Woodburn. 2. The proposed annexation lies within the Urban Growth Boundary as identified in the City's adopted Comprehensive Plan h1ap. 3. The proposed site is contiguous to the existing City limits of the City of Woodburn. The City has the capability of handling the water, the sewer and storm drainage, and the demands of the proposed uses, as long as the conditions which would be required by the City prior to development are met. 4. The requested zone designation to RS is in compliance with the adopted Comprehensive Plan of the City of Woodburn and the provisions of Section 4.110 of the Woodburn Zoning Ordi- nance requiring newly annexed properties to be classified within that Comprehensive Plan designation. Page 2 - COUNCIL BILL N0. 1016 ORDINANCE N0. 1980 5. The proposed annexation has been reviewed and acknowledged by Marion County as per City Ordinance 1953 and applicable State law. Section 6. The City Administrator, or his designee, is hereby directed to correct the Woodburn Zoning Map and city limit boundary to the classification and boundary change herein made. L~ Approved as to form: c: City Attorney Date Passed by the Council Submitted to the P1ayor Approved by the Mayor APPROVED : ~'.~~:~'°~ ~ `~ ~ %~~-~~~-~~~ NANCY A. Kd KSEY, P~1AYOR June 10, 1987 June 10, 1987 Filed in the office of the Recorder -;~ ATTEST ,,..~>a:F:~~ ~ ,'~~~'~~~..~ s~,.., ~a`~ney ~ rrit~'`Recorder City of Woodburn, Oregon June 10, 1987 Page 3 - COUNCIL BILL N0. 1016 ORDINANCE N0. 1980 Exhibit "A~ ~'ITY ~~ 270 Montgomery Street • April 21, 1987 Mr. Terry Withers 950 Gatch Street Woodburn, OR. 97071 Dear Mr. Withers: w~a~~u~~r Woodburn, Oregon 97071 ® 982-5222 C'F.T2TTF'T~'T1 At this time the City of Woodburn is again proceeding with the process of potentially annexing your property. This action would result in the conversion of your land at some time in the future from its existing land use designation of EFU (Exclusive Farm Use) by Marion County to a City designation of RS (Residential Single Family). Attached is a map that identifies those properties the Planning Commission will consider for incorporation into the City. However, prior to the City carrying out this action your response as a property owner is required. This will assist the City in making a determination as to whether or not to annex your property. Please answer the following question, sign and return in the enclosed self addressed envelope. The City would appreciate your response to this question by April 30, 1987. Do you wish to be annexed to the City? Yes No In closing, the City Council will review the Annexation Proposal and take testimony at some future date of which you will be notified. r ~' ~j f Signature of Property Owner