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HomeMy WebLinkAboutOrdinance 1426ORDINANCE NO. 146 AN ORDINANCE PROCLAIMING THE ANNEXATION OF THE HEREIN DESCRIBED CONTIGUOUS PARCEL OF REAL PROPERTY TO THE CITY OF CENTRAL POINT, OREGON, WITHDRAWING THE SAME FROM FIRE DISTRICT NO. 3 AND BEAR CREEK VALLEY SANITARY AUTHORITY AND REZONING THE SAME FROM F-R TO R-3, WITH REVISED LEGAL DESCRIPTLON AS REQUESTED BY OREGON DEPARTMENT OF REVENUE WHEREAS, the owner of the property described in Section 1 hereof, owning the whole thereof and representing all of the assessed value thereof, has petitioned for and consented to the annexation of said parcel to the City of Central Point, Oregon, said parcel being contiguous to the city and said consent being in writing and having heretofore been filed with the City Recorder in the manner prescribed by law; and, WHEREAS, said owner having concurrently applied for withdrawal of said property, if annexed, from Jackson County Fire Protection District No. 3 and Bear Creek Valley Sanitary Authority, and for change of zone from County designation F-R (farm residen- tial) to R-3 (high density multi-family); and. WHEREAS, the Planning Commission of the City of Central Point having heretofore considered said applications for annexa- tion, withdrawal and rezoning, and having recommended the same, and WHEREAS, the. City Council by Ordinance No. 1381 adopted on March 27, 1980, dispensed with an election submitting to the registered voters of the city the question of annexing said property and set 7:30 o°clock p.m. on April 10, 1980, in the Council Chambers of the City Hall in said city as the time, date and place of hearing thereon and upon the issue of withdrawal of said property from Jackson County Fire Protection District No. 3 anal Bear Creek Page 1 - Ordinance No. 1426 Valley Sanitary Authority and upon the application for change of zone from F-R (farm residential) to R-3 (high density multi- family; and WHEREAS, notices of said public hearings were published and posted in the manner and for the periods of time required by said ordinance, said public hearings were duly held by and before. the City Council, and all interested persons were given an oppor- tunity to be heard upon said questions; and WHEREAS, following said public hearing and after having considered all of the evidence, the City Council found that said annexation, special district withdrawal and zone change were justi- Pied by the evidence and in the best interests of the city, and the City Council having further made findings of fact and by Ordinance No. 1392. proclaimed the annexation of the parcel of real property described therein, withdrawn the same from Fire District No. 3 and Bear Creek Valley Sanitary Authority and rezoned the same from F-R to R-3 zoning designation; and WHEREAS, following adoption of said Ordinance No. 1392, the city has been notified by the Oregon Department of Revenue that the legal description contained therein was unacceptable by reason of the fact that the same contained exceptions by volume and page, and therefore could not be accepted by the Department of Revenue, and the city has therefore obtained a corrected des- cription from the applicants, now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:. Section 1. That the following described parcel of real Page 2 - Ordinance No. 1426 property situated in Jackson County, Oregon: Commencing at a 1 1/2" galvanized iron pipe located at the Northwest corner of Donation Land Claim No. 58, Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence along the North boundary of said Claim, North 89° 56' 30" East, 1272.92 feet to the Southeast corner of the West half of Donation Land Claim No. 56 of said Township and Range for the true point of beginning; thence along the East boundary of the West half of said Claim No. 56, North 0° 05' 10" West, 428.47 feet to an intersection with the Southwesterly right- of-way line of Interstate Highway No. 5; thence along said Highway right-of-way line, South 42° 03° 40" East, 576.59 feet to intersect the North boundary of said Claim No. 58; thence along said Claim boundary, South 89° 56° 30" West, 385.63 feet to the true point of beginning, containing 1.90 acres, more or less. be, and the same is hereby proclaimed to be, annexed to the City of Central Point, Oregon. Section 2. That the City Recorder shall submit to the Secretary of State of the State of Oregon a copy of this ordinance, a copy of Ordinance No. 1381 and a copy of the complete consent documents signed by the owner of the real property annexed hereby. The Recorder shall also, within ten days of the effective date of this annexation, report this annexation to the County Clerk, County Assessor and County Engineer of Jackson County, Oregon and the Department of Revenue of the State of Oregon, all in the manner required by law. Section 3. That the above described real property annexed to the City of Central Point is hereby withdrawn from Bear Creek Valley Sanitary Authority and Jackson County Fire Protection District No. 3, and, pursuant to ORS 222.520, the City of Central Point assumes and agrees to pay the amount of taxes which other- Page 3 - Ordinance No. 1426 wise would be extended each year against the property withdrawn and the. City shall be reimbursed for any such sums thus paid by the owner of the property withdrawn by this. ordinances The City Recorder shall forthwith file certified copies of the within ordinance with the Jackson County Assessor and the governing bodies of the Bear Creek Valley Sanitary Authority and Jackson County Fire Protection District No. 3. Section 4. The zoning designation of the real property described in Section 1 hereinabove is hereby established as R-3 (high density multi-family) and is changed. thereto from its prior zoning designation of F•-R: (farm residential) e Passed by the Council and signed by me in authentication of its passage this.. 26th day of March 1981° ~j~ Mayor ATTEST; ~~ ~~ __ -- i -`~ r ~~_-~,_ __~.~ City recorder Approved by me thi s ~'-~' ~ day o f fe,,T,L.-f _;_,.ti 1.9 810. r i `~~ Mayor Page 4 - Ordinance Noa 1426