09-27-2010 Agenda PacketCITY OF WOODBURN
CITY COUNCIL AGENDA
S EPTEMBER 27, 2 — 7: P.M.
KATHRYN FIGLEY, MAYOR
DICK PUGH, COUNCILOR WARD I
J. MEL SCHMIDT, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
ERIC MORRIS, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements
None.
Appointments:
A. 99E Citizen Advisory Appointments 1
4. PROCLAMATIONS /PRESENTATIONS
Proclamations
None.
Presentations
A. Transit Plan Update 2
B. Chamber of Commerce 2010 WAT Program
5. COMMUNITY /GOVERNMENT ORGANIZATIONS
A. Chamber of Commerce
B. Woodburn School District
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC — This allows the public to introduce items for
Council consideration not already scheduled on the agenda.
"Habra interpretes bisponVes para aqudfas personas que no 6abfan Ingfes, previo acuerbo. Comuniquese
af (503) 980- 2485.
September 27, 2010 Council Agenda Page i
8. CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
None.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A.
Council Bill No. 2839 - An Ordinance Amending the Woodburn
4
Zoning Map to Expand the Neighborhood Conservation Overlay
District (NCOD)
Recommended Action: Adopt the Ordinance
B.
Council Bill No. 2840 - An Ordinance Amending Ordinance
9
2434 (the Animal Control Ordinance) to Provide for Dogs to be
Off -Leash in Designated Areas
Recommended Action Adopt the Ordinance
C.
Council Bill No. 2841 - An Ordinance Amending Ordinance
12
2060 (the Park Regulations Ordinance) to Provide for Off -Leash
Dog Areas
Recommended Action Adopt the Ordinance
D.
Crosswalk Installation at the Intersection of N. Boones Ferry
14
Road, Constitution Avenue, and Tukwila Drive
Recommended Action That Council authorize the installation
of Crosswalk striping east to west on Boones Ferry Road from the
South side of Tukwila Drive to Constitution Avenue.
E.
Acceptance of Public Utility Easement within a Portion of Lot 2,
21
Mid - Valley Plaza, (Tax Lot 051 W08A05400)
Recommended Action That Council accept a portion of a 16
foot Public Utility Easement for City water facilities granted by
Mid - Valley Plaza LLC, property owners of Lot 2, Mid - Valley Plaza,
September
27, 2010 Council Agenda
Page ii
Woodburn, OR 97071 (Tax Lot 051 W08A05400).
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
To review and evaluate, pursuant to standards, criteria and
policy directives adopted by the governing body, the
employment - related performance of the chief executive officer
of any public body, a public officer, employee or staff member
unless the person whose performance is being reviewed and
evaluated requests an open hearing pursuant to ORS 192.660
(2)(i).
16. ADJOURNMENT
September 27, 2010 Council Agenda Page iii
CITY OF WOODBURN
/i
- Department of Economic &
00 1J T J"6"h Y V TR Development Services lncoryorarad f88q
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 Phone (503) 982 -5246 Fax (503) 982 -5244
Date: September 27, 2010
To: Honorable Kathryn Figley, Mayor, and City Council
From: James N.P. Hendryx, Director of Economic &Development Services
Subject: Appointment of a Citizen Advisory Committee to make
recommendations on the Highway 99E Corridor Plan
The City and the Oregon Department of Transportation (ODOT) have signed an
agreement to develop a Highway 99E Corridor Plan to guide future development,
access, and improvements along Highway 99E. The City and ODOT need citizen input
throughout the planning process. The following people have agreed, if appointed, to
serve on a Citizen Advisory Committee for the Highway 99E Corridor Plan.
respectfully submit their names for your consideration.
Janice Webb
Webb Chiropractic
Darcy R u of
AI's Garden Center
Alfredo Paniagua
Los Paniaguitas Produce
David Paradis
Easy Storage
Robert Flinlayson
Food Service of America
Bob May
Woodburn Bowl
Kelly Long
Long Brothers Building Supply
Gerald Curtis
Shalimar Estates
Arnoldo Benavidez
Benavidez Tire & Wheel
Ruby Wolfer
West Coast Bank
Mindy Mayer
McDonald's
Heidi Bischoff
Historic Woodburn Neighborhoods
Association
Additionally, the Planning Commission and City Council will each select one member to
serve on the Citizen Advisory Committee.
F+,
WaODD
i
it L L f p o r it F e t
September 27, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Publics Works Director
SUBJECT: PRESENTATION OF TRANSIT PLAN UPDATE FINAL DRAFT
RECOMMENDATION
That Council approve the Transit Plan Update Final Draft for public dissemination
and to schedule a Public Hearing for October 25, 2010.
BACKGROUND
The City has completed preparation of the Transit Plan Update (Plan) and the
Final Draft is being presented to Council for review and comment. Chapters 1
through 8, presented to Council on June 28, 2010, provided an overview of the
City's public transportation history and existing conditions of the program. City
staff has conducted several Open Houses, Stakeholder Meetings, and surveys to
support the findings presented in the Plan. City staff has provided presentations
to service organizations within the community discussing public transportation
and the function of the Transit Plan Update in formulating future direction for
public transportation in Woodburn.
DISCUSSION
The Transit Plan Update, upon Council approval, will become a part of the City's
adopted Transportation System Plan. Upon Council approval of the Transit Plan
Update Final Draft, staff will circulate the Plan to the public for review. A Public
Hearing will be held on October 25, 2010 for the public to provide comment to
Council regarding the Plan. Upon conclusion of the Public Hearing, Council will
direct staff to adopt, amend as directed, or reject the Plan.
The Plan has been prepared with the intent to assist the City to determine what
the future of public transportation should be in our community. It is the staff's
hope that the Plan will provide a solid basis for Council to determine what the
vision of public transportation will be and outline specific objectives for staff to
accomplish.
Agenda Item Review: City Administrator x
City Attorney x Finance x
6
Mayor and City Council
September 27, 2010
Page 2
The Plan has attempted to identify and prioritize projects that would enhance
the level of service currently being provided. The Plan includes cost estimates of
what projects or modifications to operations will cost to support. The Plan does
look at the feasibility and cost of out - sourcing our public transportation system
as well.
Staff feel that the Plan will well serve the Council as an informational and idea
generating resource for Council in formulating the future of public transportation
in our community.
FINANCIAL IMPACT
The Transit Plan Update is funded by the American Recovery and Reinvestment
Act (ARRA) of 2009 through the Oregon Department of Transportation, Public
Transit Department.
ATTACHMENTS
A copy of the Transit Plan Update Final Draft has been provided in both
electronic and printed copy format to Council.
KI
C L A,
• A
l:
WaODD B U R
September 27, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Director of Economic & Development Services
SUBJECT: Expansion of the Neighborhood Conservation Overlay District
(NCOD)
RECOMMENDATION
Adopt the Ordinance
BACKGROUND
The City, acting at the request of the Woodburn Historic Neighborhoods
Association, proposed to expand the boundaries of the Neighborhood
Conservation Overlay District (NCOD) to include certain properties along
Settlemier Avenue. The Planning Commission conducted a public hearing on
July 22, 2010, and recommended that the City Council approve the request. At
its meeting of September 13, 2010, the City Council approved the request and
directed staff to prepare an ordinance to implement that approval.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
Agenda Item Review: City Administrator x
City Attorney x Finance x
COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO EXPAND THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (NCOD) AS PROVIDED HEREIN.
WHEREAS, the Woodburn Historic Neighborhoods Association petitioned the City
Council to expand the boundaries of the Neighborhood Conservation Overlay District,
and
WHEREAS, the City Council initiated a legislative amendment, and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
the matter and forwarded the proposal to the Council with a recommendation of
approval; and
WHEREAS, the City Council has reviewed the record and conducted a public
hearing and heard all public testimony presented on the matter; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the City Council has considered the proposed expansion of the
Neighborhood Conservation Overlay District as depicted by Exhibit "A" attached
hereto.
Section 2. That the Woodburn Zoning map is hereby amended to expand the
boundary of the Neighborhood Conservation Overlay District as depicted by Exhibit "B"
attached hereto.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 1- COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
5
Filed in the Office of the Recorder
Attest:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 2839
ORDINANCE NO. 2470
EX H I B rr wnrrwnMAf —
Page Of
Proposed NCOD Expansion Area
[
and Current NCOD
s
,
.
,
,
,
r
r. ti
,
,.
I
7
w
D
F+,
WaODD
i
it L L f p o r it F e t
September 27, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Row, Community Services Director
SUBJECT: Animal Control and Park Regulations Ordinance Amendments
RECOMMENDATION
It is recommended that the City Council adopt the attached amendments to
Ordinance 2434 (the Animal Control Ordinance) and Ordinance 2060 (the Park
Regulations Ordinance).
BACKGROUND
These amendments add provisions to the Animal Control Ordinance and the
Park Regulations Ordinance permitting dogs to be off -leash in City designated
off -leash areas. This language is necessary for the City to permit dogs to be off -
leash in the dog park currently under construction at Centennial Park. The dog
park is scheduled to open to the public in fall 2010. This change will also permit
dogs to be off -leash in any future areas so designated by the City.
DISCUSSION
The 2009 Parks and Recreation Master plan recommends that the City consider
the development of both fenced and unfenced off -leash areas throughout
Woodburn. The Centennial Dog Park will be Woodburn first designated off -leash
area. If it proves successful and public demand remains high, the development
of future off -leash areas may be considered.
FINANCIAL IMPACT
None.
Agenda Item Review: City Administrator x
City Attorney x Finance x
COUNCIL BILL NO. 2840
ORDINANCE NO. 2471
AN ORDINANCE AMENDING ORDINANCE 2434 (THE ANIMAL CONTROL
ORDINANCE) TO PROVIDE FOR DOGS TO BE OFF -LEASH IN DESIGNATED AREAS
WHEREAS, the City of Woodburn desires to create designated areas for
dogs to be exercised and socialized off - leash; and
WHEREAS, the City is in the process of completing improvements to
Centennial Park, including the construction of a fenced off -leash dog park;
and
WHEREAS, the City may, from time to time, desire to create additional
designated off -leash dog areas; and
WHEREAS, in order to permit dogs to be off -leash in designated areas, it is
necessary to amend certain portions of the Animal Control Ordinance; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 5A.1 of Ordinance 2434 (the Animal Control
Ordinance) is amended to read as follows:
Section 5. Duties of Animal Keepers.
A. It shall be a violation of this Ordinance for a keeper of an
animal to:
1. Permit an animal to be at large, except dogs in off -
leash dog areas designated by the City Administrator or the
City Administrator's designee.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1 - Council Bill No. 2840
Ordinance No. 2471
10
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2840
Ordinance No. 2471
11
COUNCIL BILL NO. 2841
ORDINANCE NO. 2472
AN ORDINANCE AMENDING ORDINANCE 2060 (THE PARK REGULATIONS
ORDINANCE) TO PROVIDE FOR OFF -LEASH DOG AREAS.
WHEREAS, the City of Woodburn desires to create designated areas for
dogs to be exercised and socialized off - leash; and
WHEREAS, the City is in the process of completing improvements to
Centennial Park, including the construction of a fenced off -leash dog park;
and
WHEREAS, the City may, from time to time, desire to create additional
designated off -leash dog areas; and
WHEREAS, in order to permit dogs to be off -leash in designated areas, it is
necessary to amend certain portions of the Park Regulations Ordinance; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 6.1 of Ordinance 2060 (the Park Regulations
Ordinance) is amended to read as follows:
Section 6. Animals.
(1) Persons owning, keeping or harboring a dog within a park
area are responsible for the dog's behavior and shall comply with
the following regulations:
(a) A dog shall be on a leash not more than (8) feet in
length, or confined in a vehicle at all times, except dogs in
off -leash dog areas designated by the City Administrator or
the City Administrator's designee.
(b) Any dog found by the Municipal Judge to be a
dangerous dog pursuant to Ordinance 2434 (the Animal
Control Ordinance) shall not be permitted.
(c) A dog may not deposit solid waste matter on any
improved park property unless the person owning, keeping,
or harboring the dog immediately removes the solid waste.
Page 1 - Council Bill No. 2841
Ordinance No. 2472
12
Approved as to form:
City Attorney Date
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Kathryn Figley, Mayor
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2841
Ordinance No. 2472
13
F+,
WaODD
i
it L L f p o r it F e t
September 27, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Public Works Director
SUBJECT: CROSSWALK INSTALLATION -
INTERSECTION OF N. BOONES FERRY ROAD, CONSTITUTION AVENUE,
AND TUKWILA DRIVE
RECOMMENDATION
That Council approve by motion authorization to install:
1. Crosswalk striping east to west on Boones Ferry Road from the South
side of Tukwila Drive to Constitution Avenue.
BACKGROUND
The Public Works Department has received public complaints /concerns
regarding the lack of a safe pedestrian crossing zone along Boones Ferry Road
near the intersection of Tukwila Drive and Constitution Avenue.
1. Boones Ferry Road identified as a minor arterial per the Woodburn
Transportation System Plan has on average an excess of 2,653 vehicles
per day, creating dangerous pedestrian crossing in this zone. The
nearest crosswalk is 0.28 miles (1,480 LF) south of the proposed new
crosswalk location.
2. Public Works completed a pedestrian counts in the pedestrian peak
hour morning from 7:15 to 8:15 and afternoon from 2:30 to 3:30 for 2
days. (See attached Pedestrian Count Summary (Figure 1 & 2)). Both
the Average Daily Traffic and Pedestrian counts were assessed using a
set if criteria for installation of crosswalks at uncontrolled locations that
the City adopted and is similar to that used by the Marion County.
Based upon this assessment it is recommended to mark a crosswalk in
this location. (See attached City of Woodburn Pedestrian Crossing
Assessment form).
3. Installation of the proposed crosswalk will enhance pedestrian safety.
Agenda Item Review: City Administrator x City Attorney x Finance x
14
Honorable Mayor and City Council
September 27, 2010
Page 2
FINANCIAL IMPACT
Estimated Cost for installation of crosswalk and ADA ramps is $10,000. All
estimated costs include materials and labor, which will be funded from the
Transportation Impact Fee (Fund 376).
Transportation Impact Fee Balance $38,750.00
Misc. Construction Improvements
Boones Ferry Road Ped Crossing $10,000.00
Remaining Balance $28,750.00
Misc. Construction Improvements
Attachments
City of Woodburn Pedestrian Crossing Assessment form
August 31, 2010 Pedestrian Count (Fig. 1)
September 2, 2010 Pedestrian Count (Fig. 2)
15
City of Woodburn Criteria for Installation of Crosswalks at Uncontrolled
Locations
Background:
City of Woodburn often receives requests to install crosswalks on City streets at
locations where vehicular traffic is not controlled by a traffic signal or stop sign.
Step 1: Threshold Criteria:
Crosswalks should not be installed:
A) At any location where, in the engineering judgment of the Public Works
Department, a crosswalk would be unsafe.
B) At uncontrolled locations within 300 feet of a location (such as a traffic signal or
all- way -stop) where a controlled crosswalk is provided.
C) In the absence of adequate facilities (sidewalks, etc) for pedestrians to get to and
from both ends of the crosswalk.
D) At locations without adequate sight distance for all reasonable drivers to be able
to see the crosswalk, see a pedestrian in the crosswalk, and bring their vehicle to
a stop safely before the crosswalk.
E) If the location meets the criteria under El below for the installation of refuge
islands and /or significant warning devices and Public Works staff determine that
these cannot be provided safely.
G) Refuges and /or significant waning devices should be placed in the following
conditions:
Where the speed exceeds 40 mph.
On a roadway with four or more lanes without a raised median or
crossing island that has or is expected to have an ADT of 12,000 or
greater.
Step 2: Inventory
Potential crosswalk locations should be reviewed in the field and documented on the
Inventory Sheet. The Inventory Sheet and any other supporting document should be
attached to the back of this study.
Step 3: Basic Criteria
Potential crosswalk locations meeting the threshold criteria are then evaluated under
the following criteria. Locations can receive points based on each of the criteria. The
evaluation is based on the total number of points.
16
Criteria 1: Pedestrian Crossing Volume
Pedestrian volumes should be observed in a series of three two -hour studies, taken at
times when pedestrian volume is anticipated to be high. These studies combined should
cover at least four hours of the day. Find the average number of pedestrians per hour
crossing within 100 feet of potential crosswalk.
Points: One point for each pedestrian per hour
Criteria 2: Vehicular Traffic Volume
17
Potential crosswalk locations receive points in this criteria based on the daily vehicular
traffic volume in passenger car equivalents. For this calculations, a truck counts as two
cars. Points are based on the following table:
Roadway Daily Traffic
(Passenger Car Equivalents)
Points
Less than 2,500
1
2,500 to 5,000
2
5,000 to 7,000
3
Over 7,000
4
Pnintq
Criteria 3: Character of Surrounding Area:
This criteria considers the potential of the surrounding area to generate pedestrian
traffic. It is a subjective rating of the trip generators and attractors (houses, apartments,
markets, restaurants, parks, other gathering places, schools, colleges, offices,
employment centers, etc.) within walking distance of the potential crosswalk. It also
considers nearby pedestrian facilities and the `pedestrian culture' of the area. This is a
subjective rating from 0 to 5.
Points:
C�
17
Criteria 4: Accident Data:
A location receives one point for each recorded traffic accident without injury, and three
points for each traffic accident with injury (in the past three years of accident data)
within 100 feet of the proposed crosswalk.
Points:
Criteria 5: Other Extraordinary Factors:
This category should only be used rarely; in the case of factors identified by the
Engineer as extraordinary that support the marking of a crosswalk, from one to five
points could be added under this category. The typical value will be zero.
Points:
Total Points: 27
The recommendation of whether or not to mark the crosswalk is based on the following
table:
Point Total
Recommendation
0 to 16
Deny Marking Crosswalk
17 to 25
No Objection / Engineer's Discretion
26 or above
Mark Crosswalk
If the total number of points results in a recommendation for marking a crosswalk, this
study must demonstrate a minimum pedestrian peak hour utilization of 20 crossings (or
15 or more elderly and /or child pedestrians) before a crosswalk may be marked. This is
based on the 2005 FHWA report on the Safety Effects of Marked Versus Unmarked
Crosswalks at Uncontrolled Locations.
The recommendation should also consider the adequacy of the existing facilities
documented on the inventory sheet and whether additional improvements are required.
18
AUGUST 31,2010 PEDESTRIAN COUNT
CROSSWALK MORNING 7:15 TO 8:10am AFTERNOON 2:30 TO 4:00pm
X -WALK 'A' 4 10
X -WALK 'B' 11 10
X -WALK 'C' 8 1
X -WALK 'D' 2 3
X -WALK 'E' 0 3
TOTAL 23 33
PLOT DATE: 9.15.2010
N
w
- 7 - E
S
VO 1-0 • ODBUR]
Incorporated 4889
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PROJECT TITLE:
TUKWILA DR. & BOONES FERRY RD.
DRAWING NAME:
FIGURE 1
PROJ. N0: 2010 - 027 -31 DESIGNED:
DWG. N0: C -1 DRAWN BY:
DATE: 8 7 3772010 REVIEWED:
SCALE: NTS APPROVED:
d
SEPTEMBER 2, 2010 PEDESTRIAN COUNT
CROSSWALK MORNING 7:10 TO 8:10am AFTERNOON 3:10 TO 4:10pm
X -WALK 'A' 25 5
X -WALK 'E' 0 18
X -WALK 'C' 4 1
X -WALK 'D' 1 3
X -WALK 'E' 3 5
TOTAL 42 32
PLOT DATE: 9.15.2010 N
w
I � E
S
VOODBIUR
Incorporated 1889
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
PROJECT TITLE:
TUKWILA DR. & BOONES FERRY RD.
DRAWING NAME:
FIGURE 2
PROJ. N0: 2010 - 027 -31 DESIGNED:
DWG. N0: C -1 DRAWN BY:
DATE: 9 -2 -2010 REVIEWED:
SCALE: NTS APPROVED:
d
F+,
WaODD
i
it L L f p o r it F e t
September 27, 2010
TO: Honorable Mayor and City Council through City Administrator
FROM: Dan Brown, Publics Works Director
SUBJECT: ACCEPTANCE OF A PUBLIC UTILITY EASEMENT WITHIN A PORTION OF
LOT 2, MID - VALLEY PLAZA, (TAX LOT 051 W08A05400)
RECOMMENDATION
That Council accept a portion of a 16 foot Public Utility Easement for City water
facilities granted by Mid - Valley Plaza LLC, property owners of Lot 2, Mid - Valley
Plaza, Woodburn, OR 97071 (Tax Lot 051 W08A05400).
BACKGROUND
A permanent water line easement was a condition of Building Permit #B09 -212
to provide a looped waterline system and water service to the Carl's Jr.
Development. This easement will allow the City's existing water main to extend
to the west side of Hwy 99E to create the necessary loop to the City's water
system, which is essential for proper volume and quality of water service.
DISCUSSION
The Public Utility Easement is a portion of a 16.0 feet wide by approximately 485
feet long Waterline Easement that is located through the middle of the Mid -
Valley Plaza property. It provides a permanent easement and right -of -way to
construct, reconstruct, operate, and maintain Water Mains, Service Lines and
Appurtenances.
FINANCIAL IMPACT
There is no cost to the City for this Public Utility Easement is donated by the
property owner.
ATTACHMENTS
A Copy of the properly signed public utility easement document is attached.
Agenda Item Review: City Administrator x City Attorney x Finance x
21
AFTER RECORDING RETURN TO:
Woodburn Cit Recorder
Cit of Woodburn
270 Mont Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
Permanent
Mid-Valle Plaza LLC GRANTOR, g rants to the CITY OF WOODBURN, OREGON,
hereinafter called CITY, a permanent easement and ri includin the permanent
ri to construct, reconstruct, operate, and maintain Water Main(s), Service Lines and
Appurtenances on the followin described land:
See attached Exhibit ""A" Le Description of Permanent Easement and
attached Exhibit "B" Sketch for Le Description of Permanent Easement
which are b this reference incorporated herein
It bein understood that said temporar easement is onl for the ori excavation,
construction and installation of the public utilities referenced above and upon the
completion of the construction thereof shall cease to exist, save and except for that portion
hereinbefore described as bein a permanent easement.
GRANTOR reserves the ri to use the surface of the land for an purpose that will
not be inconsistent or interfere with the use of the easement b CITY. No buildin or utilit
shall be placed upon, under, or within the propert subject to the fore easement
durin the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the propert
to its ori condition and shall indemnif and hold GRANTOR harmless a an and
all loss, cost, or dama arisin out of the exercise of the ri g ranted herein.
The true consideration of this conve is Zero ($ 0 and other valuable
consideration, the receipt of which is acknowled b GRANTOR.
GRANTOR covenants to C/TYthat GRANTOR is lawfull seized in fee simple of the
above- premises, free from all encumbrances and that GRANTOR and their heirs
and personal representatives shall warrant and forever defend the said premises and
ever part thereof to CITY a the lawful claims and demands of all persons claimin
b throu or under GRANTOR.
DATED this y of 2" � v
Public Utilit Easements (Permanent)
Pa 1 of 4
22
CORPORATE ACKNOWLEDGEMENT
1
01-4- "_71101UVVt
STATE OF OREGON, Count of Mu4nGmah) ss.
The fore instrument was acknowled before me this d a of
2010 b Mark Wolf, as Mana Member of Mid-Valle Plaza
LLC 'Limited Liabilit Compan and the fore instrument was si and sealed on
behalf of said Limited Liabilit Compan b authorit of its Mana Member and the
Mana Member acknowled said instrument to be its voluntar act and deed.
OFFICIAL SEAL
MAF3TA !H SAN
ORGON
NOTARY PUBLIC E
cO MMISSION NO. 411572
My C 0 MMISS1014 E XPIRES JAN. 7, 2011 NOTARY PUBLIC FOR OREGON
M Commission Expires. �`'
Cit of Woodburn
270 Mont Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on, behalf of the Cit of Woodburn after
authorization b its Cit Council on
date
Cit Recorder:
Christina Shearer
Public Utilit Easements (Permanent)
Pa 2 of 4
23
I T U"/ f 0 IM Lnno zuRvcYfno fnc.
A PORTION OF A 16' WIDE WATER EASEMENT
EXHIBIT W'
Ma ; 9.. 2 0 10
A PORTION 0; A 16 F00TW [OF WATFA I I V F AS --%-'FNT0Vr-.R A P-107ATIONOF 107 2, 1 N71IF PI AT 0; fv11 D
V,ALLEYP� "VA, RECORDED AS 545-0-W. MAN ON C(-;JNT'Y SURVEY RECORDS. S1,LQUOJUSITUATED IN T6-E
NORTH OW-ATE R OF SECTION 8. TObla'NSH: P 5 SOUTH, 1%kNG E I WEST 0 F THE 'Xi LLA M ETT;:
rvi F RI DIAN, C. 17Y OF 1-N-00MIUR N, COUNTY 0 F MAR - 0 N, STAT17- OF 0 RFGON, It E -, NG N110-1 F 'PAR7 I C, J.A RL Y
DESCRIE,ED A" FOLLOWS:
BEGI AT" YHE NORTHE 161 C0 RN ER Of 1 3, M ID VkLky Palm, 1 -1 E NU NORT H 8715? 14 4 11 WES r
ALONG THE NJ LINE OF SAID LOT 3. A DISTANCE C-- 11158 "CET:
THE SCE LEAVING TIHE NORTH LINE OF '-S4`61D LOT 3 NORTH 71136114" ',%IEST, A D','TA'1.CE OF 11-271 FEET TO
SUUTHEAST MiNER Of A%' EXIST -NG 16 1"OUTWIDE WAIER LINE EASENiEN1 IN I WUlt 01 THE C" Y U1
WOO D 6 U RN. R F CGOR D --- 3 ej -N IM F- .5:7, R AGE 1 456 MA 1 1 014 COUN D IF IF D 11 F COR DS,
THENCE INORT14 02'03'42" EAST ALONG THE EAST LINE OF SAID EXIST NG. 16 -GOTWILDE WA-rn I IN
EASVVIENT, A DISIANE 0; 16.001 EE 1 70 THE NURTHEAS I CORNER I H Eta OF
TI Ir %,'CC SOUTH 79%'*&'1f:,' f AST. Z F)JS TANCE OF 4.55 FE F
TJ I r ",.'CE SO T1 171'3G' 14' EAS 7. A DISTANCE OF W05 F7
I H.L ",CE SOUTH 81 122 , 54 ' LAS T, A MT AI" CE OF 245.29 F EET;
T I it NI I` NO IT I i Ga'59'1 Y* CAST. A D1 STANC7 O 153.32 FF F T,
THE%XE SOUTH 561-4
'40 1" EAST, A DISTANC E OF 26-63 FEET;
THE CE SOUTH 33"S'59" WEST, AOISTANCE OF 61.67 FEET TO A POINT ON THE NORTH LINE OF Al
E>JSIING 16 f001' WA)E WATER LINE bkSEMEN7 IN THE FAVOR OF THE MY OT 'X00D BURN, RECMED
0 N RE 120, PA G E 1456 %te Ali ION CO LJN1Y DEED RE CORDS:
THE %CE NO RTH 56'1+'0 ',-VEST A-GiNG TH NORTH LI NE Of SAI D E STi NG 16 FOOT Iffil) E WATER LI NE
LA,'Z!AENT, A 01STANCE 01 2U.?:) I �Ell TO THE INJORTKI&SI CORNER I HEREOF ' - '
I I "It 'SCE SOUTH 33'43'59`WEST All CNG T 11F WESTEFT(I Y I jNE OF SAID -- XISTING 16 FOOT WIOE '01A, I E R
L tN FASEMENT, A DISTANCE 01; 16 nO PC ET TO T1 ff SGJTHW[S- CC, RN EA T HERE IF;
THE CE SOUTH 63459"11' WEST. A DISTANCE Cr' 1,10.58 FEET.
TIIF%%'Cf W;'ST, A DISTANCE OF 155.21 FEET TO A PC NT GN -H.-F FAST LINF OF SAIDLO7
3:
THEVE NO"kTH E► 4-ST ALOING THE EAST LINE OF SAID L0- 3,,#A D S71j1V%(--E OL- 5.73 FEET TO THE
P0I11JT OF BEG NNI �.G
E I TE- E
SAI D F AS FM F NIT CO N 7 A 1 14 S 6939 SQ, FT 0R 0. 1 �pq AC R;'% LVO R F 0R . F Y; F F I .-L
E- H T
-- N M.tm ctcc�,hain. ON v'. 113il
I&IL:%kil % Ill-. 1 T L, I t j t IL t" 1: 4 . C I I I I
Public Utilit Easements (Permanent)
Pa 3 of 4
24
E
Lu
E
60
0
■
0
x
U J
m
0
U)
1,-'MfDf- X 6.5' FASCA&W
11 J ffl/177 MAP 770 A ("COMPANY Z1176A-L �r4..j7Y(,W1T770/V R ro INC 00 or Atxvz?uRFv
Aoiv WAACR Z/Nf
A 1`01,370N OF LOT 21 MID VALLEY PLAZA., IN THE CITY 01-P IrOODIYURN,
16' Wgf WA 7,FR 1. f Nf j-.A5fWCMr MARION COUNTY, ORZWOW
IN FA MW Of' Orr Or HVW&IRN,
REF- 180 PAGE 1-056
9 7S 5-6 05' Ws SA�P SYR XR e
R&'il 4A2 PA CC 1,x.7
LOY' 2
oo
4,55'
/V O ?
100 1010 Z
0.0 oe
116%
,o 9 , 1)
-o 6
1 0 HWY A CCC55 PgN 7
)FM P�Gr
/V 87:57 w
�3 Z27
1 .,4 r
6687� ��o
81:24 a4 W A
/H A CCrSS PONT
r�
5 87
Pr i 95� PACC
16L67*81Z 20 W&Z'
14. 00
-A
L n AREA
Ep 15' WD E CONSMUC17ON AND e%
69ig S62 Fr
NOR THf 5 7- CORNER
OF I o r i u/0 11qz I r)
AWWWrMANCE L'A5iMr1Vf
Sl-WR AND W,4 MR.
F1 AZA
LOT 3
')J141 SO, F7,
5' KOF Eo4SMF-Nr AOR ODOf SOPES,
FICCMIC C6WWLWM-4R6W,6ASWA7FR,
AND SAMMARY SENC9 rA6fZlnF.5 L;
9&4, P,4ar P.PT. �.,� �, 'S' t'� �r
"Wr A=FS5 POhYr
kQ41,W2r 1 p 4or _ Fgl
45' HOC CCW57RUC170V AIVO VAWTMAoVCC
64SEA& -NT F6W 4FAER AND WA ITR
to Byf- c1r)" or *VOOOURN
RE-Ei ?6: PAGC W.9
;�LGISTERED H' A Y
N
PROFESSIONAL
YC IN
SL ,
L
� V L
LAN 0 j Y 0 IN'
Ap r
XL� SCALE-1 o
CSI ELON
JAN. 18, 1980 OA 60, 1-pol
l)f0,'lFl- A. HOEEKS:TRAj
1899
MTMTUWtDW Lrino
suavoyono mc.
DRA MV DA rt
PR*f PC M^10W AVC.
CIPLIEMNAM. IMM P71320
CHECKED
n/10
SHECT PROXCT No.
60 or PD10-53
A
(D
c
LM
co
a)
E
ui
6.
0
D
a_ CL