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ORDINANCE NO. 842
AN ORDINANCE PROCLAIMING THE ANNEXATION OF UNION STREET AND 44.27 ACRES LOCATED AT THE SOUTHWEST INTERSECTION OF HIGHWAY 730 AND HIGHWAY 395 AND AT THE SOUTHWEST CORNER OF ROXBURY ROAD AND BUD DRAPER ROAD AND WEST OF THE BEACH ACCESS ROAD AND WANAPA ROAD INTERSECTION AND WITHDRAWING SAID PROPERTY FROM UMATILLA COUNTY SHERIFF’S LAW ENFORCEMENT DISTRICT; ACCEPTING WRITTEN APPLICATION FOR ANNEXATION FROM ALL OF THE OWNERS OF THE AREA AND NOT LESS THAN 50 PERCENT OF THE ELECTORS RESIDING THEREIN; MAKING FINDINGS; SETTING THE FINAL BOUNDARIES OF THE PROPERTY TO BE ANNEXED; AND SETTING THE COMPREHENSIVE PLAN MAP AND ZONING DESIGNATION FOR 44.27 ACRES OF THE ANNEXED PROPERTY
WHEREAS, certain real properties (hereinafter referred to as Property) located southwest of the intersection of Highway 730 and Highway 395 and at the southwest corner of Roxbury Road and Bud Draper Road and west of the Beach Access Road and Wanapa Road within the urban growth area of Umatilla, Oregon is owned by the City of Umatilla; and
WHEREAS, the owner of the Property requested annexation of the Property into the Umatilla city limits; and
WHEREAS, the City of Umatilla has assumed jurisdiction over Union Street (Resolution No. 08-2020; Board Order BCC 2019-059) and request to annex Union Street into city limit to facilitate improvement of Union Street to a City standard; and
WHEREAS, the Umatilla City Planning Commission held public hearings on November 12, 2019 to consider annexation requests ANX-1-2019, ANX-2-2019 and ANX-3-2019, by the applicant to annex the property and recommended approval of the request to the City Council; and
WHEREAS, the Umatilla City Council held public hearings on January 7, 2020 to consider the Planning Commission’s recommendation and adopted the Planning Commission’s findings and conclusions as its own for ANX-1-2019, ANX-2-2019 and ANX-3-2019 in approving the application request.
NOW THEREFORE, THE CITY OF UMATILLA DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The Umatilla City Council does hereby find that:
a. The Property legally described in Section 3 below is within the urban growth area of the City’s Comprehensive Plan.
b. The owner of the Property made written application to the City with the consent of the owners for annexation of the Property and all of the electors residing in the area have consented in writing to this annexation.
c. The Plan and Zoning designations for the Property and for Union Street are described in Section 5 below.
d. It is not necessary to call or hold an election in the City or in the area requested to be annexed or to hold the hearing otherwise required under ORS 222.120.
e. There is no other city, district, or other municipal corporation involved in the annexation.
Section 2. Consent. All of the owners and not less than 50 percent of the electors have consented in writing to this annexation, which are on file with the City, and are hereby accepted.
Section 3. Setting the final boundaries. The final boundaries of the Property hereby annexed are legally described as follows:
Parcel 1 (Commonly known as Tax Lot 100 on Assessors Map 5N2815BC; Tax Account # 133122)
All that portion of the Southwest Quarter of the Northwest Quarter of Section 15, Township 5 North, Range 28 East of the Willamette Meridian, Umatilla County, Oregon, laying Southerly of the Southerly right-of-way line of Highway No. 730 and Westerly of the Westerly right-of-way line of Highway No. 395;
Excepting therefrom that tract of land conveyed to Wilbur L. Duncan, et ux. by deed recorded in Book 184, Page 286, Deed Records;
Also excepting therefrom that tract of land conveyed to James L. Schell, et ux. by deed recorded in Instrument No. 2005-4800537, Office of Umatilla County Records;
Also excepting therefrom any portion lying within the Highway and County Road rights-of-ways.
Parcel 2 (Commonly known as Tax Lot 100 on Assessors Map 5N2815CB; Tax Account # 133140)
Parcel 1, PARTITION PLAT NO. 2001-32 (Instrument No. 2001-3910573, Office of Umatilla County Records) located in the Northwest Quarter of the Southwest Quarter of Section 15, Township 5 North, Range 28 East of the Willamette Meridian, Umatilla County, Oregon.
Parcel 3 (Commonly known as Tax Lot 2600 on Assessors Map 5N2811; Tax Account #164311)
Lot 7, PORT TERMINAL SUBDIVISION, recorded October 14, 2011, Instrument No. 2011-5830649, Umatilla County Records, located in the Southeast Quarter of Section 10 and the Southeast Quarter and Southwest Quarter of Section 11, Township 5 North, Range 28, East of the Willamette Meridian, Umatilla County, Oregon.
Parcel 4 (Commonly known as Tax Lot 2800 on Assessors Map 5N2814; Tax Account #161733)
Lot 12, PORT OF UMATILLA SUBDIVISION, located in the East Half of Section 14 and the Southeast Quarter of Section 11, Township 5 North, Range 28, East of the Willamette Meridian, Umatilla County, Oregon.
Union Street is located is the northwest Quarter of Section 22, Township 5 North, Range 28, E.W.M., Umatilla County.
The urban growth area is amended to exclude the above described property.
Section 4. Proclamation of annexation and withdrawal from Umatilla County Sheriff’s Law Enforcement District. The City Council does hereby publicly declare and officially announce that the property described in Section 3 above is hereby annexed into the city limits of the City of Umatilla, Oregon as authorized under ORS chapter 125, and does hereby declare the said property withdrawn from the Umatilla County Sheriff’s Law Enforcement District.
Section 5. Comprehensive Plan and Zoning Map Amendment. The Comprehensive Plan and Zoning Map designation of the Property shall be the as follows:
Parcel 2 (Tax Lot 100 on Assessors Map 5N2815CB; Tax Account # 133140) shall be the City’s General Commercial (GC) zone.
Parcel 3 (Commonly known as Tax Lot 2600 on Assessors Map 5N2811; Tax Account #164311) shall be the City’s Heavy Industrial (M2) zone.
Parcel 4 (Commonly known as Tax Lot 2800 on Assessors Map 5N2814; Tax Account #161733) shall be the City’s Heavy Industrial (M2) zone.
Union Street shall be the City’s Community Service (CS) designation.
Section 6. Severability. If any provision of this Ordinance is held to be invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision, and to this end the provisions of this Ordinance are severable.
Section 7. Effective date. The effective date of this ordinance shall be 30 days after its passage by the city council and approval by the mayor, or by the council president in the mayor’s absence.
PASSED AND ADOPTED by the City Council this 7th day of January, 2020.
Council members voting yes: Councilor Funderburk, Councilor Roxbury, Councilor Wheeler, Councilor Chavez, and Councilor TenEyck.
Council members voting no: NA
Absent Council members: Councilor Smith
Abstaining Council members: NA
And SIGNED by the Mayor/Council President this 7th day of January, 2020.
Mary Dedrick, Mayor
Nanci Sandoval, City Recorder