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Ord 2289 - Annex islands ORS COUNCIL BILL NO. 2316 ORDINANCE NO. 2289 AN ORDINANCE ANNEXING CERTAIN ISLAND PROPERTIES TO THE CITY OF WOODBURN PURSUANT TO ORS 222.750. WHEREAS, the City ofW oodburn initiated the annexation of all the unincorporated islands surrounded by the City of Woodburn pursuant to the "island" annexation provisions in ORS 222.750; and WHEREAS, Resolution No. 1620 passed by the City Council and approved by the Mayor on March 12,2001, initiated the annexation of the territory, called for a hearing on the proposed annexation and related public facilities and services and land use questions, and directed that notice be given; and WHEREAS, affected property owners were mailed notice of the April 23, 2001 public hearing and notice was published in a newspaper of general circulation; and WHEREAS, said hearing was held on April 23, 2001 and continued to May 14,2001 at which the legal voters of the city, affected property owners, and others were afforded the opportunity to be heard; and WHEREAS, after conducting the hearing and considering all objections with reference to the proposed annexation, the Council finds that: (a) the territory is all within the Urban Growth Boundary as shown in the acknowledged Woodburn Area Comprehensive Plan; (b) each territory to be annexed is completely surrounded by the City of Woodburn; (c) annexation ofthe territory is consistent with the City's Comprehensive Plan and implementing regulations; and (d) it is in the best interest of the city that the territory be annexed; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The real properties described and depicted on Exhibit "A", which are by this reference incorporated herein, of this ordinance are hereby annexed to the City of Woodburn, Oregon Section 2. The Council's annexation decision is based upon and justified by the findings and conclusions ofthe Woodburn City Council which is attached hereto as Exhibit liB" and is by this reference, incorporated herein. Section 3. The City Recorder is directed to give notice of the annexation to affected public utilities and communications carriers, file the annexation with the Secretary of State, and report the annexation to the County Clerk and County assessor within 10 days after the effective date of this ordinance. Page 1 - COUNCIL BILL NO. 2316 ORDINANCE NO. 2289 Approved as to fOrm~ ?va-- ~ 6 - 1- - 200 / City Attorney Date APPROVED: ~ 1:\ ~~ RICHARD JENNIN , M YOR Passed by the Council Submitted to the Mayor June 11, 2001 June 12, 2001 Approved by the Mayor June 12, 2001 Filed in the Office of the Recorder ATTEST: fY\~ ~ Mary Tennant, City Recorder City of Woodburn, Oregon June 12, 2001 Page 2 - COUNCIL BILL NO. 2316 ORDINANCE NO. 2289 EXHffiIT A Page 1 Wal-Mart Annexation Being located in Section 12, Township 5 South, Range 2 West of the WiUamette Meridian, Marion County, Oregon. Beginning at a point on the South right-{)f-way line of West Hayes Street which bears North 88052' 10" West 728.17 feet from the Northwest comer of Lot I, Block 69, WOODBURN SENIOR ESTAlES NO.7, as recorded in Volume 22, Page 42, Book of Town Plats for Marion County, oregon; Thence South 0 I 0 07' 50" West 28.09 feet; Thence North 88052' 10" West 1,~49.41 feet to a point on the Westerly right-of- way line of Stacy Allison Way; Thence North 35055' IT' East, along said line 34.05 feet to a point; Thence South 88052' 10" East 1,329.76 feet to the point of beginning, being the begirming point of the description of the WAL-MART tract as described in Warranty Deed recorded on Reel 1684, Page 753, Deed Records of Marion County, Oregon. Containing 0.9 acres of land Revised May 2, 200 I z .0 en ::i <( ~ (U 0 <( I- en .. <'l ~ .....~ W"'I:. l.O~'<) ~~~ ~ ..:. & a: 09 , , , \it 2 s 2 at. c;~~ U)CLc:) -- .,.~. lMO-ft" . .. J.33H.l~ ...~lW ztl l -"" ....., '0\ \ '0~t'," ~ ~ ~ ~~ - 0.. COil . . NOSM\ . co ~ C> C> <X) ~ C> o U) ~ C> C> l'- r---... 'I, t , . \ t , , , . \ . ' , ' , , , \ , , \ , , \ \ \ ~: ~~ I ~ ':v~ '..,C::> ~~ O~ r<:>-" :Q ~c:> .%~h . c:> . . " ~ ..-.r:> c::> ',~ \ , \ , \ \ , , '. \ , . , ... \ , \ \ . . . . ... , . , , . . I , I , t I I I . . $'0> <~ "''>0 en o C> ro <Xl C> ::>0> aU ..-J <{a U'OU ..... ..... .. .... ... ~.."-"":'. ~.:.: :ii.i~'~ "..: .'t B;~<j. '';~.'>;;;; ~.i!"" ~~:\.,.!..' ,,~ J~'. .tt;_'~';ji~" \:ll.!lIl!aW~t . t.~l'~;\r1'~t~'.. .,'. ~ ~. tO$, "' rCl ~ "":' i CIi Ii w - EXHffiIT A Page 2 2 ! C> C> ("') ~'.l <'Iw~ C> 0.. <'10::... ..- ~ '.i \ .... ---, ""-- ... \ ..... ro,. \.'L, I . ....\ \ " -...... , ,\\ . --, "\ '--..... , -~ ....."1;. c> UJ_ c> g <'~ N <( >. yo- n... .-. ,-./\ '-....... z'-.., { ". '..\. , " ,~. ~ o 0 0 0 0 0 0 0 ~ FIGURE 1 .".~ . . ~- , ." I, . ,". ~,.... ':;1".' c.. . .~l1 r.~.i: .' ~~. I. Van Valkenbwg-Simeonov-Burlingbam Annexation EXHIBIT A Page 3 Located in Section 7 and 8, in Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that tract of land deeded to the Burlingham Partnership by deed recorded on Reel 1268, Page 226 deed records of Marion County, Oregon; Thence Southeasterly along the Southwesterly line of said tract to the Southeast comer of said tract; Thence Northerly along the Easterly line of said tract. also being the East line of OCOBOCK 'S ADDmON, a duly recorded subdivision of Marion County, Oregon, to the South line of lot 8, Block 3, of the W ALll.ALE HOME TRAcrs, a duly recorded subdivision of Marion County, Oregon; Thence along the South line of said lot 8, 533.28' +-, to the East line of said lot 8; Thence North along said East line, 789.06' +-, to the intersection of the South right-of-way line of Oregon State Highway 214 - Mount Hood Avenue; Thence West along said South right-of-way line to the intersection of the Northwesterly line of lot 4, block 3, of said WALILALE HOME lRACfS; Thence Southwesterly along said Northwesterly line, 430.28' +-, to the most Westerly comer of said lot 4 and on the Northerly line oflot 7 of aforementioned OCOBOCK'S ADDITION; Thence West along said Northerly line, 226.72'+-, to the Northwest comerofOCOBOCK'S ADDITION; Thence Southwesterly along the Northwesterly line ofOCOBOCK'S ADDITION to the point ofbegirming. Containing a total of 19.5 acres of land Revised May 2, 200 I ... ...'~-\ .e; ~~~ :.... ., . ., ..,. .~. :;l. ~ <:." ~. -~,~ "- " , ,. .- '. ~ " , .. - ".--:- EXHIBIT A Page 4 ... :)-';'{..~, , :;u>>! lU -J 0 a: 0 ~ a: <( Q.. " oJ .' "I'J'; ~'. ---..----;:.-;;-.;..'"1; 12 '500 ........,....( i[ ... ... ~~ 4',~ "~., . ."<- ." .I' ".~ ''/ '..,,,,,-.,, I _ r' ____ - ;.~; - Ui...I....~ -' rj /) ( J J ! f l,.r -.../ I r. .' il !. , I _. I .' i' II " '0 I.. ..~"'oo.oo..,... . "' _._.~~~~_.. ............ .....r. 3, I , , ---.----..---.-.-.-.. ."Of~ 5200 4 ---- ."....~,,-,.... ~--._~ < ;~- I I I ~:~si;;-,_ ;; $. FIGURE 2 & EXHffiIT A Page 5 Monnier Annexation, 328 Parr Road Being located in Section 13, Township 5 South, Range 2 West of the WiUamette Meridian, Marion County, Oregon. Beginning at a point in the center line of County Road No. 517 ( Parr Road) said point being 540.00 feet North 000 15' East and 1297.85 feet. South 890 41'30" East and 2599.55 feet. South 890 39' East from the most Northerly Northwest comer of the Peter Raymond Donation Land Oaim No. 88, in Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, said point of beginning being also the Northwest comer of that certain tract of land conveyed to E. Urbane Widmer and Beulah Widmer by deed recorded in Volume 498, Page 585, Marion County Deed Records; and running thence North 890 39' West along the ceoterofsaid County Road 6.31 feet.; Thence South 00043'30" West 412.01 feet.; 1bence South 8r 53'40" East 114.06 feet.; Thence North 00021' East 15.50 feet to the Southeast comer of said Widmer tract; Thence North 00021' East along the East line of said Widmer tract 400 feet to the Northeast comer of said Widmer tract, and the center line of said County Road; Thence North 890 39' West along the North line of said Widmer tract in the center of said County Road 105 feet to the point of beginning. Containing a total of 1.1 acres of land 48.26 . eo&. ,C>> ~ EXHmIT A Page 6 (J1 0 0 ~ :> 840.00 ~ 830.00 "- :> "- '-. :-J -.1. ~ .....~ 0 :> ~ 0> '. o. ~ "- ~ 0 -, :> 0 l3o.oC '. OJ )>OJCD '- :n orn~ 0 q:no ::E zoo Zz ~:o u)~ ~o CJ) ~\ " EXHffiIT A Page 7 Gorman Annexation. 2523 Boones Fcny Road Being located in Sectioo 7 Township, 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southeast comer of Lot 9, Elmendorf Acres in Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon, said Southeast comer being the intersection of the West Une ofBoones Feny Road with the North line of Country Club Road; Thence North 870 12' West 180.00 feet along he North line of Country Club Road to an iron pipe; Thence North 09042' East 149.67 feet to an iron pipe; Thence South 850 17' East 195.84 feet to an iron pipe on the West line of said Boones Feny Road; Thence South 16009' West 146.00 feet along said West line to the point of beginning. Containing a total of 0.6 acres ofland ~ , 0 ~ ' -- -- - --- 0 ~\ , 0 , I\) 0 0 I 0 , 0 0 , 0 '8021606W 0 , 2eO.7. 0 -- c::> 0 ~ , 0 , C> 0 c::> C> ~ , C> 0 c::> t 0 , f 0 c::> , 0 ~ , ~ 0 ~ c::> 0 , 0 0 0 0 0 0 ...... 0 ...... n C> 0 ~ C> 0 g 0 0 ~ 0 ...... 0 ~ 0 ~ 0 118.~ I\) 0 1A \ \ 8,..'8 GJOtv" 1 00 0 ~.~ 0 P lJt, p 0 - .11 t; .~- ~ EXHmIT A ~~ Page 8 8 I \.. CONCORD ST co Q) g \.~ <>> N <:) ~ (1180.00 ~eo.oo (1180.00 (1180.00 (11<< 0 87.1<<' '" .\1- 01 (J) ..., at 4." to) m m (J) ..., \ \ \ (J) 8 n U1 m ~ ..., Q) co 60 I\) C> 0 0 C> C> 0 0 8 C> C> ~ Of 100.00 W ~~ 80 ... ...... ~ ~ ~ ~ w w :s C> b ~ m ..., ~ C> - g~ C>~ C> 8 C> 0 8 (lG"OOl O. 0 0 0 8 ;;t I\) to N 8 C> ...... I\) I\) c.> I\) w ~ ~ 0 I\) eo 0 $1.43 ~.OO 00.00 0 uru JAMESTOWN ST ~ '" <D & ~ 0 ~.08 ~ 1I1..c! ee.oo ~.! g :b- 0 .~ () ...... -" -" 0 C> 7J gJg ~~~ '" t;: "'t;: ~ 8 ~8B ~ o~i~O:b- 0 o . 0 8 N~~() ~ ... > ~ en --f Z ~ N 0 0 --f t 0 8<. >: ~ C> ;~i '" ..... ~~~ - CountIy aub Road Annexation EXHIBIT A Page 9 Being located in Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at the intersection point Boones Ferry Road and CountIy Club Road in Marion County, Oregon; Thence North 87043'15" West along the centerline of Country Club Road 1,110 feet more or less to a point; Thence South or 16' 45" West, 30.00 feet to a point on the South right-of-way line of said CountIy Club Road and the Northwest comer of that tract of land conveyed to Richard 1. Vachter by deed recorded on Reel 562 Page 262, Deed Records of Marion County, Oregon; Thence South 8r 43' 15" East along said South right -of-way 151.00 feet to the Northwest comer of that tract of land conveyed to the City of Woodburn by deed recorded on Reel 148, Page 171 Deed Records of Marion County, Oregon; 1bence Southerly 125.00 feet along the West line of said tract to the Southwest comer of said tract; Thence Westerly along the southline of said tract and parallel to the South line of CountIy Club Road 200 feet to the Southeast comer of said tract, also being a point on the West line of that tract of land conveyed to the Church of Jesus Christ Latter Day Saints Corporation by deed recorded on Reel 205, Page 1954, Deed Records of Marion County, Oregon; Thence Southerly 259.53 feet to the Southwest comer of said Church tract; Thence Easterly along the South line of said tract 262.43 feet to the most Southerly Southeast comer of said Church tract; Thence Northerly 120.00 feet along the East line of said Church tract to a comer, Thence South 870 22' 47" East 22 feet more or less to the most Easterly Southeast comer of said tract; Thence North 020 15' 05" East 266.74 feet to the Northeast comer of said Church tract, also being a point on the South line ofCountIy Club Road; Thence along said South line South 87044' 55" East. 213.92 feet to the Northwest comer of that tract of land conveyed to Pacific Northwest Bell Telephone Company by deed recorded in Vol. 640, Page 17, Deed Records 0 fMarion County, Oregon; Thence South 16009' 00" West, 173.82 feet to the Southwest comer of said tract; Thence East along the South line of said tract and extension there of: 225 feet more or less to the centerline of Boones Feny Road; Thence Northerly along said centerline 210 feet more or less to the point of beginning. Containing a total of 4.9 acres of land Revised May 2, 200 1 ~ <! ...... c 8 t III )> ~ 100.00 00 < en (11 m c: <0 ~ Z OJ 00 8 0 C !! c... 0 8 ~ m m 00 0 <0 00 -'" -f ..., w ~, 0 i " 0 . en - -f <0 00 m m N 0 !l 0 '" ~\, \1- at 1 \ \ \ C11 (,)-'" 60 I\) ~ N ()]8 ~ g o b o ... Of 100.00 C> W ~~ C> Z ... -'" C> ~ :s 0 0 t (lG"OOl f W -"'~ 0 m:.,. ~~ 0 ~ 0 01 0 IS 0 ~ uru ~ 3l ~ 8 A N C) 00- gC ...i. ..,.' : - c:> <D (J.J C> C> c:> c::> c::> ! ~ (J.J en f3 c:> . ~ n1 ~ to t k '-:".:.:. ... (,) o o - 8 .. EXHffiIT A Page 10 . ... li t b if o ~ /? FIGURE 5 '-' 0)- o~ -A o o o o 50 ~ o o ~ ~ ~ 8"0 ".27 CJ C C EXHIBIT A Page II Cornwell Annexation, 1060 Boones Feny Road Being located in Section 7, Township 5 South Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that tract of land conveyed to TIlE CORNWELL FAMILY LIMITED PARTNERSHIP by deed recorded on Reel 1720, Page 60 I, Deed Records of Marion County, Oregon, said point being at the centerline of Boone's Ferry Road; Thence Southeasterly 339 feet more or less to the Southeast comer of said tract; Thenc:e North 21 045'4 I "East, 265.51 feet to the Northeast comer of said tract; 1bence Westerly along the north line of said tract 383.62 feet to a point on the centerline of Boone's Feny Road and the Northwest corner of said tract; Thence South 13027' 00" West along said centerline 183.7 feet more or less to the point of beginning. Containing a total of 1.9 acres of land :) -i D n n :l ~ ;:t~{ ;~: .:: , " ' , , , , , , . . . I : c5 i )> ~ ~ ~ 2 o f 2: fg )> EXHIBIT A Page 12 Cot . . . ~ ::j 100.00 (j ~ g t; ~ o - - <;:::. N r..(11 ~O :b. 0 <) ~. ..'.':,f'. :',. . . . . , , . . . , ~ ,Li~;!;1 ~...;~,/,;L:i'~t'~)f'&]~;i~r:>y;~},:\,i./.;,i{;'"F}I';~~t:~~~~E.~ ...." . , EXHffiIT A Page 13 Baglien Annexation. 2580 Boones Feny Road Being located in Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of that certain property conveyed to A. G. Glatt by deed recorded in Volume 178, Page 243 of the Marion County Deed Records which point is North 89038' West, 38.81 chains and South 21004' West 12.385 chains from the North~ comer of Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon, said beginning point is also in the center of the Boones Feny Road; Thence North 210 04' East 170.67 feet along the centerline of said Boones Feny Road; Thence South 66030'30" East 139.34 feet to an iron pipe; Thence South 20042'30" West 117.64 feet to an icon pipe set in the South line of said A.G. Glatt property; Thence North 8r 33' West 147.70 feet along said South line to the point of beginning. Containing a total of 0.5 acres of land o <0 EXHIBIT A Page 14 . ';NfuEPEN~':'-:' ;,. 'COURT ENCE J ,(\N /) \ j ~ y J-\ l- CJ)' >- z o ..J o o NOll; - Tli TAXlOr cd: AREA ASSE; ON MAP OS SS€o WITH IW 060c ~ - ;:;:.. '" ". - ... - ~ .. J" - ~ ::!' 5 50 ~ 153.07 E;<):rz.: ~ O~\'" \\,)~~ ~~.6 ~C'P TRACT K 2700 19.22AC 103 03 ~ \)~ \) o ~J 3 a: 8 :j 130.00 -. - FIGURE 7 A 50 f~ Nauta, Miller, Sauvain, Lindstrom Annexation EXHmIT A Page 15 Being located in Section 7, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon. Beginning at a point on the centerline of Boones Feny Road, also being the Southwest comer of that tract of land conveyed to Donald E Lindstrom by Deed recorded on Reel 1182, Page 37, Marion County Deed Records; Thence South 760 33' East 224.0 feet to the Southeast comer of said tract and a point on the West line ofMllLER FARM SUBDIVISION, a duly recorded plat of Marion County, Oregon; Thence along the West line of said subdivision, North 130 24' 56" East. 308.20 feet to a point; Thence South 870 24 '48" East. 12.14 feet to a point; Thence North Ir 57' 48" East. 282.48 Feet to a point on the Northwest comer of Lot 53 of said subdivision; Thence North 76031' 30" West, 220.60 feet along the Northerly line of that tract of land conveyed to Louis P. and Rhonda L. Nauta by deed recorded on Reel 465 Page 213 of the Marion County Deed Records, to the center line of Boones Feny Road; Thence South 15045'05" West along said centerline, 590.53' +- to the Southwest comer of that tract of land conveyed to Donald E. Lindstrom, the point of beginning. Containing a total of 3.1 acres of land Revised May 2, 200 1 00s1 ....0.. J ::Jj ::J:J '" 0069 ~'il\ ., . , . :0 o ):> o OOlc ~ ;:J ;;; GZ"llZ I S~ u ::> ~ ~ - - 1 , 006 )391/1+ ~'II~ ~'6K 3l. Zl; LBS IO'OOZ OOZ o ro 00 ro~ OOll ------ i ~ OOOl z ~ Laurel Avenue Annexation (WYNN'S ADDmON) EXHIBIT A Page 17 Being located in Section 17, Township 5 South, Range I West of the WiUamette Meridian, Marion County, Oregon. Beginning at the Southwest comer of Lot 9, Block 2 of WYNN'S ADDmON, a duly recorded subdivision of Marion County, Orcgon; Thence North 87000' East along the South line of said subdivision 1,102.41 feet to the Southeast comCf of lot 14; Thence North 030 00' 00" West, 310.00 feet to the North right of way line of Laurel Avenue; Thence North 87000' East, 197.90' +- along said right of way to the Southeast comer oflot 15, block I, WYNN'S ADDITION; l11ence North 03000' 00" West, 239.20 feet to the Northeast comer of lot 15, YNN'S ADDITION; Thence North 89006' 00" West. 684.77 feet to the Northwest comer of that tract land conveyed to Peter and Irene Yakis, Reel 904, Page 156, Deed Records of Marion County, Oregon; Thcnce South 02047' 47" East, 139.97 feet more or less to the Northeast comer of lot 10, WYNN'S ADDITION; Thence along the North line of said lot 10, 128.22 feet to the Northeast comcr thereof; Thence South 320 22' 53" West, 4.05 feet; Thence North 570 40' 05" West, 162.92 feet to a point on the Easterly line of U.S. Highway 99E; Thcnce Southwesterly along said Easterly line, 260.00' +- to the point of beginning. Containing a total of 11.68 acres of land Revised May 2, 200 I EXHffiIT A Page 18 .. II · II : ; ~I . o .... . 1"- # --. R i -' . I ----- ~-.- L_~ ~I. · ~I~<~,u ! .!~ L~\~ I .......... -~ -" ., \ ~~7 '~-"". -.. :.-.1. . I.~ . ,.. . . ".. ~ ~ ."-' ,w ':s:> :-a;, o . - .... N ~l <I 8' ~t ~i ,0 W -~: ;. <j "':~ :1 i ~ .. k :"-" r ~I r .. '" 8' :;;1 w > <( z :J ~ o .... dYrI " 8 ~ FIGURE 9 .." .........c- ..........., 'X ~. .. EXHffiIT A Page 19 Brown Street Annexation Located in Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon, All that property currently outside of the city boundary lying between Brown Street a dedicated public right-of-way, The North boundary of Meadowwood Subdivision a duly recorded Submission, The West Boundary ofthe Meadowpark Subdivision a duly recorded Subdivision and Warren Way a dedicated public right-of-way more particularly described as follows: Beginning at the Northeast comer to the Peter Raymond D. L. c.# 58 Thence Northeasterly along the West line of the Bradford S. Bonney D. L. C. #47 to the Woodburn City Boundary as set forth by the original city charter, being the South line of that boundary, (South line of which begins at the intersection of the centerline of the Oregon and California Railroad (Union Pacific) right-of-way with the North boundary of the Peter Raymond D. L. C. # 58, thence Easterly in a straight line to the point of intersection with the centerline of Highway 99 East and the centerline of the Oregian Railroad (Willamette Valley)); Thence Westerly along said city boundary to a point on the East right of way line of Brown Street; Thence Southeasterly along said right of way to the Northwest comer of Meadowwood Subdivision, a duly recorded plat of Marion County Oregon; thence along the North line of said plat, North 890 37' 38" East, 351.34 feet; Thence South 580 14' 27" East 39.\3 feet; Thence South 89035' East, 510.59 feet to the point of beginning. Containing a total 2.\ acres of land more or less :>v ." 0 c.o .. 0 il: ~ 90.24 s: (j) .... A -; ~ 0 I\) 91.85 C C 0 0 IS ..... 0 t ~ ^ .... ~ ~ l\) ~ 8 ~ 0 t; ~ " ~ 0 a. 0 ~ 0 .. '::? ~ (.oJ .A'~ ~ 1D C> ... )> t: EO't;1o 6~ < :1 I\) '-- Ul N ~ ~ 0 m '" C> '--.::::... a Z ~ 94.97 IE'(;& Ot'\l9 t1 C ~ \-- ..... ~ ~ m .... ~ 01 8 U1 <0 \::2g~ t; C> 18 in a a. '" ~c.> ~ (n "0. 1 -... 80,09 6!Hil ~ :::/ !:: Co i.> 0 (II '" 0 ~ 0> I\) ~ c::> 80,06 es'sa -" <..N ~ :::/ I\) ...... S: c::> ...... 0 0 G-J a m ~ a ~ w 89'98 ~ .... :,31 .... ~ '" t;!" ~~ VI ~ ~ en 0 ..., at ~.L8 99.l8 -" (11_ o~ CD o. '" o~ t :a,82 ..,. U1 o ~ 3Hn~l::I , EXHIBIT A 34,92 t: V: Cj) ~ -... W 0. I\) g: - ...... N W ~ w B N il: ~ to) 0 - 0 C> ... 0 .. 0. 0 ff ..... .( EXHIBIT B Page 1 FINDINGS OF FACT AND CONCLUSIONS APPLICABLE COMPREHENSIVE PLAN STANDARDS AND CRITERIA WOODBURN COMPREHENSIVE PLAN D. Annexation Goals and Policies Goals 0-1 The goal is to guide the shape and geographic area of the City within the urban growth boundary so the City limits: A. Define a compact service area for the City; B. Reflect a cohesive land area that is all contained within the City; and C. Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban development. FINDING: The annexation of the islands of unincorporated land within the city limits will create a more cohesive land area that will all be contained within the city. The islands are surrounded on all sides by the city limits and are located within the Urban Growth Boundary. A majority of the islands are already developed with residences and commercial uses. In addition, with the exception of the properties adjacent to Laurel Avenue (a private street), the islands have direct access to city streets. The Laurel A venue properties have access to City streets through the connection of Laurel A venue with Pacific Highway 99W. All of the islands have access to city parks. 0-2. The goal is to clearly establish the intent of each proposed expansion of the City; to assess the proposal's conformance with the City's plans and facility capacity and to assess its impact on the community prior to deeming an annexation application complete. FINDING: Annexation of the islands will bring lands into the City that are receiving "spillover" seNices from the City. These properties use city streets; some of the properties on Laurel Ave. receive City EXHIBIT B Page 2 water services. The City generally provides emergency police responses to these areas. The City parks and library are available to these island areas. The annexation of the islands will generate city tax revenues to support funding for city streets, police protection, library services, and park maintenance. The City's sewer, water and street infrastructure has capacity to service the islanded properties. Annexation of the islands will not increase any service responsibilities that the City does not already provide, but will increase the city's revenues to provide those services. 0-3. The goal is achieve greater utilization of land within the City by: a. Incorporating all of the territory within the City limits that will be of benefit to the City into the City. b. Providing the opportunity for the urban in-fill of vacant and under utilized property that is currently unincorporated and surrounded by the City. c, Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development by incorporating all territory into the City limits that will be of benefit. FINDING: The residents on the islands are currently able to utilize city streets, except the properties adjacent to Laurel A venue, and city parks without paying taxes to the city to support these services. Annexation will enable infill development of those properties that are not fully developed by making City services available. Annexation of the islands will maximize the use of existing City facilities and services and balance the costs of services among the benefited residents. As stated in the previous finding, the annexation of the islands will generate city tax revenues so that the island properties are participating in the sharing the funding for city streets, police protection, library services, and park maintenance. The costs of the city services will be balanced better among all of the benefited residents by the annexation of the islands. The annexation of the islands will eliminate the pockets of currently unincorporated land that is surrounded by the city. EXHIBIT B Page 3 D-4. The goal is to use annexation as a tool to guide: a. The direction, shape and pattern of urban development; b. Smooth transitions in the physical identity and the development pattern of the community; and c, The efficient use and extension of City facilities and services. FINDING: The annexation of the islands will create a more cohesive area within the city limits. The islands currently stand out as pockets of land under county jurisdiction that are completely surrounded by the city limits. Annexation of the islanded properties makes all city facilities and seNices available to them and facilitates the efficient use of the facilities and seNices. D-5. The goal is to balance residential development with public facilities and services and with other types of land use in order to allow the community to maintain its equilibrium as it assimilates growth. FINDING: A majority of the islands are currently developed with residential and commercial uses. The islands, excluding the pocket of unincorporated land adjacent to Laurel A venue, have public facilities and seNices available to them. Policies D-1-1 Annexation policies are extremely important for the City. While it is important that enough land is available to allow for choice in the market place it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. FINDING: A majority of the islands are already developed with residential and commercial uses. The annexation of the pockets of unincorporated land surrounded by the city limits on all sides will not lead to sprawling development. The annexation of the islands will lead to a more cohesive city. D-2-2 Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the City west of Interstate 5, a EXHIBIT B Page 4 detailed Transportation Impact Study with Oregon Department of Transportation involvement will be required. A notification period of 45 days will be provided the Department of Transportation to respond to the before mentioned proposal prior to final City action. The City shall insure that may necessary improvements to 1-5 or State Highway 214 required by the development of such lands are provided for prior to the issuance of building permits. It is recognized that the Department of Transportation and City will work with developers in transportation issues. Further, the Department of Transportation may not be able to fund such improvements. It is also understood by the affected parties that the proposed 100 acre Light Industrial site south of Highway 214 will be issued no more than two access permits to Highway 214. One of these will be at M.P. 36.2396 (Woodland Avenue between M. P. 36.46689). FINDING: This Annexation goal does not apply because the properties to be annexed are all located east of Interstate 5 and Site plan review, subdivision, and planned unit development approvals are not being requested as part of the annexation of the islands. D-3-3 The City of Woodburn shall actively manage the location, timing, type and amount of land added to the City. FINDING: The purpose of this goal is to manage the growth of the City. Its focus is on the exterior boundary of the City as a goal to protect against "sprawl." The islands the City proposed to annex are internal to the City, not on its outer edges. By adding these islanded areas to the City, intill development may be facilitated. The ten islands of unincorporated land are located throughout the City of Woodburn. The islands total 47 acres. D-4-4 Prior to deeming an annexation application complete, the applicant for an annexation shall participate in a mandatory pre-application meeting with city staff. The purpose of the meeting is to assess conformance with the City's goals, policies, standards and criteria regarding annexation. EXHIBIT B Page 5 FINDING: This annexation goal is not applicable to city-initiated annexations of the islands of unincorporated land because there is no applicant. 0-5-5 A complete annexation petition/application shall be required to include: a. All the territory that will be enclaved by the petition, or b. Document the lack of consent by the enclaved property owners or by the resident electors necessary to include the enclave(s) as part of the consent annexation application. FINDING: This annexation goal is not applicable to the city-initiated annexations of the islands of unincorporated land because the re is no applicant. Oregon State Law allows a City to annex territory completely surrounded by a city. Such territory may be annexed by the passage of an ordinance without any vote in such territory or consent by the owners of land therein and without an election within the city pursuant to Oregon Revised Statute (ORS) 222.750, the "island" annexation statute. Although this goal is not directly applicable to the annexation of the islands it does suggest that islands should not be created and is indirectly supportive of annexing the islands that exist. 0-6-6 Annexation applications that do not conform with the annexation criteria and standards may be considered by the Planning Commission, after a public hearing, for an exception. The Commission may grant an exception based on findings of special circumstances and of substantial conformance with the criteria and standards based on mitigating measures. The City Council may review the Commission's action. FINDING: This policy is not applicable. First, an applicant does not propose the annexation. Second, as demonstrated by these findings the annexation conforms to the annexation criteria and standards. G. Housing Goals And Policies Goal G-1 . The housing goal of the city is to insure that adequate housing for all sectors of the community is provided. FINDING: Not applicable to the annexation of the unincorporated islands. EXHIBIT B Page 6 Policies G-1-1. The City will insure that sufficient land is made available to accommodate the growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the city. It is the policy of the City to assist and encourage property owners, whenever possible, to rehabilitate and renew the older housing in the City. FINDING: This Comprehensive Plan policy is not directly applicable to the annexation of the islands within the city because the City is annexing the islands without changing the comprehensive plan and zone map designations. However, in the future the City expects to apply City plan and zoning designations that will enable urban development. To the extent that the lands are developable or redevelopable the annexation will add to the available lands to accommodate growth of the City G-1-2. It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. FINDING: This Comprehensive Plan policy is not applicable to the annexation of the islands within the city. G-1-3. To insure the new concepts in housing are not restricted unduly by ordinances, the City shall periodically review its ordinances for applicability to the current trends in the housing market. FINDING: This Comprehensive Plan policy is not applicable to the annexation of the islands within the city. G-1-4. To provide for the persons living in the community of a lower income, the City will accept its regional share of low income housing. This policy is not intended to provide an overabundance of low income housing which would encourage undue migration of low income persons. FINDING: This Comprehensive Plan policy is not applicable to the annexation of the islands within the city. EXHIBIT B Page 7 H. Public Services Goals and Policies Goal H-1. Public facilities and services shall be provided at levels necessary and suitable for existing uses. The provision for future public facilities and services in these areas shall be based upon (1) the time required to provide the service, (2) reliability of service, (3) financial cost, and (4) levels of service needed and desired. FINDING: There are a series of detailed maps (Exhibit A) attached to these findings and conclusions showing all of the islanded properties and the locations of the sanitary sewer lines and water lines. A 14-inch water line and a 15-inch sanitary sewer line located in Boone's Ferry Road can serve all the islanded properties fronting on Boones Ferry Road. These lines have adequate capacity to serve the properties to be annexed. There are two islanded properties fronting on Country Club Road. One property is the site of a City well. The sewer extension for the well site is planned, however it does not now need sewer service. The other property contains a church, which is provided sanitary sewer service by the 15-inch sanitary sewer line in Boones Ferry Road via a 6-inch private service connection. The church has City water service from an 8-inch water main in Country Club road. The islanded parcel on the south edge of Parr Road can be served by a 10-inch sanitary sewer line approximately 60 feet south of the parcel. An easement will be needed to access that sewer line. The parcel can be served by a 12-inch water line located in Parr Rd. fronting the parcel to be annexed. The parcel located at Front Street and Hwy 214 has a sanitary sewer line crossing through the island. There is a 8-inch water line near the southwest corner of the property in Front street and a 12- inch water line in Hwy 214 fronting the north boundary of the island. The parcels along Laurel Avenue can be provided sanitary sewer and water services from lines in Pacific Hwy 99E. In the Hwy the City has a 10-inch sanitary sewer line and a 12-inch water line. EXHIBIT B Page 8 These lines can be extended west in Laurel Avenue. Six of the properties in this island are connected to the City's water line via a ~ inch service line. The Public Works Department estimates that the cost to extend the sanitary sewer line from Hwy 99 to the west edge of the islanded area would be approximately $240,000. The cost of extending the sewer line would be the responsibility of the benefited property owners. An LID could be formed to share the costs of construction and Bancroft bonding could be used to finance the costs. According to the Public Works Department, the capacity of the sanitary sewer lines and water lines is adequate to provide service to the islanded properties at the planned for density and intensity under the Comprehensive Plan. The City has a new sanitary sewage treatment system and the water supply system is adequate. Policies H-1. Public Facilities and services shall be appropriate to support sufficient amounts of land to maintain an adequate housing market in areas undergoing development or redevelopment. FINDING: This Comprehensive Plan policy is not applicable to the annexation of the islands within the city. H-2. The level of key facilities that can be provided should be considered as a principal factor in planning for various densities and types of urban land uses. FINDING: This Comprehensive Plan policy is not applicable to the annexation of the islands within the city. L. Growth Goals L-1. The City's goal is to grow to a population of approximately 26,000 by the year 2020. This growth shall be orderly and accompanied by the necessary public services. The growth should be balanced in residential, industrial, and retail sectors of the City. The growth shall not add any additional burdens on the City's taxpayers. EXHIBIT B Page 9 FINDING: As discussed under H-1, the City has necessary sanitary and water services to serve the islands. City street services are already available. Upon annexation of Laurel Avenue, jurisdiction of Laurel A venue will be transferred from the County to the City and the City will maintain the street, including street sweeping. The Finance Department analyzed the fiscal implications of the proposed annexations. Finance staff commented that the value of the property to be annexed is $3,186,371. Applying the City's permanent tax rate of $6.0534 per thousand dollars of value, indicates that the City's property taxes collections will increase $20,819. The annexations are estimated to add 100 people to the City. Assuming 1.5 police personnel per thousand population, this equates to a demand for O. 15 more police staff at a cost of $13,013. Reducing the population served by the Ubrary that is outside the City limits by 100 people will reduce the CCRLS subsidy to the Ubrary by about $500. The annexations are not expected to make a difference in Parks usage because residents currently have access to City parks. Based on population, the demand for Planning services will increase $2,663. The total marginal costs of the annexations will be $16,176 ($13,013+$500+ $2,663). The net impact of the annexation will be an increase in revenue of $4,643, assuming that the benefited property owners on Laurel Ave. will be required to finance the costs of extending sewer and water lines in Laurel Ave. L-2. The goal is to assure that all expansion areas of the City are served by public facilities and services with adequate capacity. Woodburn is a City that strives to provide a consistent level of quality public services and facilities to all parts of the City. As the City grows, new development must support and maintain the services and facilities that equal or exceed those in the remainder of the community. Consideration of proposals that are in variance with City capacity standards and facility master plans shall require findings of appropriate mitigating measures by the Public Works Department. Other public EXHIBIT B Page 10 service providers such as the School District and Fire District also address capacity considerations. FINDING: The findings under H-1 and L-1 demonstrate that this goal is satisfied. L-3, The goal is to achieve and maintain City boundaries that supports the efficient delivery of public services. The urban growth boundary of the City defines the limits of urban development and urban services. In defining the urban service area, the City limits shape the pattern of police patrols, park service areas and the neighborhood residents identify with. The Urban Growth Boundary identifies the ultimate area and shape of the City in the foreseeable future. In order to achieve the efficient delivery of facilities and services, the City must not sprawl as it grows. Rather the City wants to take a pro-active approach and manage growth so that the benefits of a well designed community are achieved. FINDING: The proposed island annexations are within the Urban Growth Boundary and surrounded on all sides by the city limits. The annexation of the islands will not create urban sprawl. Rather, the annexation of the islands will create a more compact area within the city limits. L-4 The goal is to limit the amount of vacant land within the City in order to enjoy the benefits of an orderly development pattern, that reduces the rate that farm land is converted to urban use and the optimum use of public service and utility capacity. There are multiple benefits to the community from managing the amount and location of land available for residential use. Quantitative advantages include more efficient utilization of existing facilities and services that accrue because the amount of by-passed, undeveloped land is reduced. The result includes a more orderly transition in the conversion of farmland to urban uses, conserving agricultural resources in the Urban Growth Boundary to the most practical extent. Furthermore, not only is the investment in unused and underused facilities avoided, but also the operation and maintenance costs are reduced due to a more compact development pattern. EXHIBIT B Page 11 Based on principles of supply and demand, reducing the available supply of residential land slows the rate of development which makes it more manageable. With fewer properties available to develop, the value of existing development and property available to development will increase. With an estimated 16 year inventory of vacant single-family residential land within the City the immediate prospect of increased land costs does not materially detract from the potential benefits of the goal. The land resources within the Urban Growth Boundary define the land available for urbanization. It is prudent for the City to manage the conversion of this area to urban use in a step wise fashion that recognizes benefits of efficient service and facility delivery and a cohesive pattern of community development and identity. Equally important is the sense of identity and bonding that occurs as a City grows that make a community. A City that is built up in a cohesive pattern as it grows avoids the adverse affects of sprawl and leap from development. FINDING: The islands of land proposed to be annexed are completely surrounded by the city limits. A majority of the sites are already developed with commercial and residential uses. The purpose of the proposed annexations is to remove pockets of land completely surrounded by properties that have already been annexed into the city limits. L-5 The goal is to achieve the optimum use of the residential land inventory. Managing the geographic expansion of the City provides an opportunity to initiate the objective of encouraging the inclusion of residential enclaves and the development of infilllots as a higher priority than land on the fringes of the City limits. Annexation provides a point to introduce this concept to the City by applying it to new territory added to the City. Another concept is to intensify development along transit corridors due to enhanced accessibility. Increased density may be considered ,along transit corridors through application of clustering density in PUD's and from more intensive zoning classifications. Annexation provides an opportunity to introduce these concepts into the area by starting with consideration of the requirement in newly annexed areas. The application of minimum densities will be based on target densities that consider transit service, need and community scale. EXHIBIT B Page 12 Target density standards will be established based on specific proposals. In so doing, the City will promote a wider range of living environments and better serve the needs of a diverse population. FINDING: As stated in the previous finding, the islands of land proposed to be annexed are completely surrounded by the city limits. A majority of the sites are already developed with commercial and residential uses. The purpose of the proposed annexations is to remove pockets of land completely surrounded by properties that have already been annexed into the city limits. L-6 The goal is to further the incremental extension of an interconnected street system. An interconnected street system improves the efficiency of movement by providing direct linkages between origins and destinations. It also creates alternative routes. Such a system creates stronger ties among activity centers and makes the development of passed over land more attractive. It is common in most communities that streets in new development are "stubbed." This means a dead end street until the stub is potentially connected by a future phase of development. Annexations provide opportunities to emphasize the ultimate extension and completion of streets. The potential benefit is improved connectivity in the street pattern as the City develops. FINDING: The Public Works Department commented that where improvements such as utility extensions and/or upgrading streets to city standards benefit a specific area, construction of these faeiltiies can be allowed through a Local Improvement District (LID) process. The LID process allows a property owner to share the cost of improvement with all the benefiting property owners. L-7 It is the goal to assure the provision of major streets as shown in the Transportation Systems Plan. The TSP lays out the arterial and collector street extensions and improvements necessary to support approximately a doubling of the population within the City. Due to limitations on the responsibility that developers must exercise regarding offsite transportation impacts, the City shall hold development accountable for major streets within and abutting the development. In addition, the policy of the City is to emphasize development outward in successive steps and phases that EXHIBIT B Page 13 avoid unnecessary gaps in the development and improvement of the major streets. FINDING: Please refer to the previous finding. L-8 The goal is to provide opportunities to fulfill community needs identified by the Council. From time to time the site for a facility to service the community is identified at the edge the City. The City Council shall hold a public hearing on such proposals prior to accepting an annexation application to determine that such facilities are of a community wide scope and that a perimeter location is appropriate. FINDING: Not applicable for the annexation of islands of unincorporated land. L-9 The goal is to reflect the City's development objectives included in the CIP. The Capital Improvement Program (CIP) is the City's process of guiding public investment. Such invest of public funds also serve to leverage private investment that coincide with the City's priorities. In order to leverage the greatest benefit from public projects, special consideration will be considered for compatible and mutually supportive private projects. FINDING: This goal is not applicable because no capital improvements are required to provide seNices to the islanded properties. L-10 The goal is to encourage the high standards of design and flexibility that are enabled by the PUD zone. The Planned Unit Development (PUD) is a planning and design technique that provides greater flexibility in design than is allowed in the application of other techniques, such as the standard subdivision process. The benefits of the PUD techniques include allowing development with mixed uses, housing that is sited based on density with compensating open space, and control of architectural review and common land ownership and management. Consequently, it provides greater opportunities for creative solutions and diversity than the application of traditional ordinance requirements. EXHIBIT B Page 14 FINDING: Not applicable for the annexation of islands of unincorporated land. L-11 The goal is to accommodate industrial and commercial development that provides local employment but does not require special community financial incentives. It is clear that local industrial and commercial development will provide local employment. Such local jobs provide opportunities for local residents and for employees attracted to the Woodburn area. To benefit the community, not only must the development create jobs but is must also operate within the capacity of the City's infrastructure. The City is unwilling to absorb the costs of accommodating new employment that require special financial involvement from the City. FINDING: Not applicable for the annexation of islands of unincorporated land. L-12 The goal is to diversify the local economy. Woodburn seeks to diversity the local economy so that the community will prosper and can weather swings in the business cycle, seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of commercial and industrial enterprises. The variety of enterprises will not only provide insulation from negative business factors but a choice in employment opportunities that in turn allows for the diversification in income types. FINDING: Not applicable for the annexation of islands of unincorporated land. M. Growth and Urbanization Policies M-1. To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services should be in accordance with the master plans in this Comprehensive Plan. FINDING: All needed services are already available. satisfied. This criterion is M-2. To insure that the City's growth does not exceed its ability to provide public services, the City shall adopt a growth control ordinance, similar to the Limited Growth Ordinance now in effect. When and if the growth control is used, the City shall reexamine the public facilities plan and EXHIBIT B Page 15 determine at that time if it is in the public interest to expand facilities to accommodate the additional growth. FINDING: This policy is not applicable to an annexation decision. It directs the City to adopt an ordinance. M-3. The City's public facilities now being built are to be paid for by the system development charges from the anticipated growth. To insure that the City's growth does not fall short of the expected growth rate, the City would only take necessary measures to stimulate growth under extreme circumstances. FINDING: This policy is not applicable. M-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. FINDING: The islands to be annexed are surrounded on all sides by the city limits and located within the Urban Growth Boundary. The islands of unannexed property M-7. All land use actions within the urban growth area and outside the city limits shall be consistent with the City's Comprehensive Plan and the County's land use regulations. FINDING: As demonstrated by these findings, addressing the applicable goals and policies of the comprehensive plan, the annexation of the islanded properties is consistent with the City's Comprehensive Plan policies. There are no County land use regulations that apply to the annexation of the islands. M-8. In order to promote consistency and coordination between the City and County, both the City and County shall review and approve amendments of the City's Comprehensive Plan which apply to the portion of the urban growth area outside the city limits. Such changes shall be considered first by the City and referred to the County prior to final adoption, If the County approves a proposed amendment to the City's plan, the change shall be adopted by ordinance, and made a part of the County's plan. EXHIBIT B Page 16 FINDING: The City is not proposing amendments to the City's Comprehensive Plan. This policy is not applicable. M-9. The area outside the urban growth boundary shall be maintained in rural and resource uses consistent with the Statewide Land Use Planning Goals. FINDING: The proposed annexation of the islands does not affect the area outside the urban growth boundary. This policy is not applicable. M-10. The City and County shall strive to enhance the livability of the urban growth area and to promote logical and orderly development therein in a cost effective manner. The County shall not allow urban density uses within the Urban Growth Boundary prior to annexation to the city unless agreed to in writing by the City. City sewer and water facilities shall not be extended beyond the city limits, except as may be agreed to in writing by the City and County. The City shall be responsible for preparing the public facilities plan. FINDING: This policy is not applicable. M-11. Conversion of land within the boundary to urban uses shall be based on a consideration of: a. Orderly, economic provision for public facilities and services; b. Availability of sufficient land for the various uses to insure choices in the market place; c. LCDC Goals; d. Further development of vacant and under utilized residential land within the City's buildable land inventory before annexing additional territory for conversion to residential use at urban densities; and d. Applicable provisions of the Marion County and City Comprehensive Plans. FINDING: The City finds that these criteria do not apply to these annexations because the island areas are already "urban" not "urbanizable" lands. Consequently, no conversion to urban use is occurring or will occur as a result of the annexation. The islanded areas are developed with urban uses, except for the island located at Front Ave and Hwy 214. EXHIBIT B Page 17 All sewer and water lines necessary to provide service to the island areas are available. Properties on Laurel Avenue will need to extend a sewer lateral west in Laurel Avenue from Hwy 99E. The provision of services is orderly and economic, in that the City has done all that the City needs to do to make sewer and water available to the islanded lands. These findings have addressed the applicable provisions of the City's Comprehensive Plan which has been acknowledged by the Land Conservation and Development Commission (LCDC).