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COUNCIL BILL NO. 3192 ORDINANCE NO. 2605 AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO DESIGNATE ZONING OF APPROXIMATELY 39.21 ACRES OF ANNEXED TERRITORY KNOWN AS THE OREGON GOLF ASSOCIATION ( OGA) PROPERTY WITH NO STREET ADDRESS, LOCATED ALONG THE EAST SIDE OF BOONES FERRY ROAD NE NORTH OF HAZELNUT DRIVE, MARION COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY RS), PUBLIC AND SEMI- PUBLIC ( P/ SP), AND RIPARIAN CORRIDOR AND WETLANDS OVERLAY DISTRICT ( RCWOD)) ZONING DISTRICTS WHEREAS, the subject property is owned by Tukwila Partners, of which the authorized representative is W. Trent Withers, and Oregon Golf Association c/ o Members Club Inc., of which the authorized representative is Tim Stetson, and is legally described in Exhibit " Al" and mapped in Exhibit " A2", which are affixed hereto and by this reference incorporated herein; and WHEREAS, the subject property is composed of Marion County Tax Lots 051 W06D000502 ( primary), 500, & 800 and 051 W06DC00201 & 300; and WHEREAS, consistent with Oregon Revised Statutes ( ORS) 222. 1 1 1 ( 2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 22- 02); and WHEREAS, because the subject property is already within the Woodburn Urban Growth Boundary ( UGB), having existing Comprehensive Plan map land use designations of Low Density Residential over area other than the existing golf course and Open Space and Parks over the golf course; and WHEREAS, the landowners through the applicant requested that, consistent with Woodburn Development Ordinance ( WDO) 5. 04. 01 the City designate the area within the annexed territory that is other than the existing golf course as Residential Single Family ( RS), which is one of two zoning districts that are consistent with the Comprehensive Plan per its Policy Table 1, and the area within the annexed territory that is the golf course as Public and Semi- Public ( P/ SP)( ZC 22- 02); and WHEREAS, the Riparian Corridor and Wetlands Overlay District ( RCWOD) is applicable based on WDO 2. 05.056, the applicant having requested and the City designating it where applicable along the piped drainage and west Page - 1 - Council Bill No. 3192 Ordinance No. 2605 ---PAGE BREAK--- tributary leading to Mill Creek and as legally described in Exhibit " 137" and mapped in Exhibit " 138"; and WHEREAS, the zoning designations are contingent upon annexation of the subject property to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, the applicant intends to develop the territory into the Marion Pointe Planned Unit Development ( PUD); and WHEREAS, on June 23, 2022, the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on July 25, 2022, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance ( WDO) 5. 04. 01 C; and WHEREAS, the City Council agenda item cover staff memo mentioned that zoning designation follows annexation and that an RS & P/ SP districts and RCWOD zoning designations conform to the Comprehensive Plan land use map designation; and WHEREAS, per the Woodburn City Charter, Section 34, an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2604 being considered contemporaneously with this request, the Woodburn Zoning Map is amended designating the zoning on the subject property described in Exhibits " 131" & " 133" and mapped in Exhibits " 132" & " 134" as Residential Single Family (RS), in Exhibits " 135" & " B6" as Public and Semi- Public ( P/ SP), and in Exhibits " 137" & " B8" as Riparian Corridor and Wetlands Overlay District ( RCWOD). Ste, Zy 2 Approved as to form: u 2 City A orney i4Z'G Nt` C at Page - 2 - Council Bill No. 3192 Ordinance No. 2605 ---PAGE BREAK--- r, Approved: Eric Sw Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Z ATTEST: PLP-'A, " Heather Pierson, City Recorder City of Woodburn, Oregon Page - 3 - Council Bill No. 3192 Ordinance No. 2605 ---PAGE BREAK--- AKS Job #7564 EXHIBIT A1 Annexation Description A portion of Parcel 1 of Partition Plat 2018-010, Marion County Partition Plat Records, and a portion of right-of-way, located in the Southeast One-Quarter of Section 6 and the Northeast One- Quarter of Section 7, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Beginning at the northwesterly corner of said Parcel 1; thence along the northerly line of said Parcel 1, South 86Β°59β16β East 289.17 feet to the northeasterly corner of said Parcel 1; thence along the easterly line of said Parcel 1 the following eight courses: South 03Β°00β44β West 155.48 feet; South 15Β°51β11β West 84.94 feet; South 68Β°43β10β East 732.69 feet; South 12Β°24β49β West 273.77 feet; South 05Β°37β33β West 278.64 feet; South 78Β°31β12β East 60.25 feet; South 01Β°03β51β West 249.91 feet; South 29Β°43β15β East 244.61 feet to the southeasterly corner of said Parcel 1 and the City of Woodburn city limits line; thence along the southerly line of said Parcel 1 and said city limits line, North 88Β°57β02β West 1213.47 feet; thence continuing along said southerly line and the westerly extension thereof, North 85Β°41β15β West 498.99 feet to the southerly right-of-way line of Hazelnut Drive (25.00 feet from centerline); thence leaving said city limits line along said southerly right-of-way line, North 72Β°00β04β West 46.07 feet; thence continuing along said southerly right-of-way line on a curve to the left with a Radius of 20.00 feet, a Delta of 88Β°18β33β, a Length of 30.83 feet, and a Chord of South 63Β°50β39β West 27.86 feet to the easterly right-of-way line of Boones Ferry Road (Market Road 69) (33.00 feet from centerline) and the said city limits line; thence leaving said easterly right-of-way line along said city limit line, South 67Β°31β10β West 44.58 feet to the centerline of Boones Ferry Road; thence along said centerline and said city limits line on a non-tangent curve to the right (Radial Bearing of North 70Β°09β39β West) with a Radius of 11459.13 feet, a Delta of 02Β°44β07β, a Length of 547.04 feet, and a Chord of South 21Β°12β24β West 546.99 feet; thence continuing along said centerline and said city limits line, South 22Β°35β15β West 227.99 feet to the easterly extension of the south right- of-way line of Vanderbeck Road (20.00 feet from centerline); thence along said easterly extension and said city limits line, North 88Β°10β33β West 32.08 feet to the westerly right-of-way line of Boones Ferry Road (30.00 feet from centerline); thence along said westerly right-of-way line and said city limits line, North 22Β°35β16β East 42.78 feet to the north right-of-way line of Vanderbeck Road (20.00 feet from centerline); thence leaving said city limits line along said westerly right-of- way line, North 22Β°35β16β East 193.94 feet; thence along a curve to the left with a Radius of 11429.13 feet, a Delta of 04Β°35β23β, a Length of 915.53 feet, and a Chord of North 20Β°17β34β East 915.28 feet; thence continuing along said westerly right-of-way line, North 17Β°59β52β East 85.38 feet to the westerly extension of the north line of Reel 370, Page 306, Marion County Records, also being Reference Point thence continuing along said westerly right-of-way line following four courses: North 17Β°59β52β East 151.78 feet; a curve to the right with a Radius of 1462.40 feet, a Delta of 15Β°49β56β, a Length of 404.10 feet, and a Chord of North 25Β°57β05β East 404.81 feet; North 33Β°52β03β East 631.37 feet; a curve to the right with a Radius of 1175.92 feet, a Delta of 01Β°36β02β, a Length of 32.85 feet, and a Chord of North 34Β°40β05β East 32.85 feet to the ---PAGE BREAK--- westerly extension of the northerly line of said Parcel 1; thence along said westerly extension, South 86Β°59β16β East 80.40 feet to the Point of Beginning. The above described tract of land contains 42.45 acres, more or less. Bearings for this description are based on State Plane Grid bearing, Oregon State Plane, North Zone 3601, NAD83(2011) Epoch: 2010.0000. Distances shown are International Foot ground values. 4/15/2022 ---PAGE BREAK--- BOONES FERRY ROAD ANNEXATION MAP A2 ---PAGE BREAK--- HAZELNUT DRIVE BOONES FERRY ROAD VANDERBECK ROAD BOONES FERRY ROAD ANNEXATION MAP A2 ---PAGE BREAK--- AKS Job #7564 EXHIBIT B1 βLegal Description RSβ A portion of Parcel 1 of Partition Plat 2018-010, Marion County Plat Records, and a portion of right-of-way, located in the Southeast One-Quarter of Section 6, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Beginning at the northwesterly corner of said Parcel 1, also being on the City of Woodburn city limits line; thence along the northerly line of said Parcel 1 and said city limits line, South 86Β°59β16β East 289.17 feet to the northeasterly corner of said Parcel 1; thence along the easterly line of said Parcel 1 and said city limits line the following eight courses:1 South 03Β°00β44β West 155.48 feet; South 15Β°51β11β West 84.94 feet; South 68Β°43β10β East 732.69 feet; South 12Β°24β49β West 273.77 feet; South 05Β°37β33β West 278.64 feet; South 78Β°31β12β East 60.25 feet; South 01Β°03β51β West 249.91 feet; South 29Β°43β15β East 244.61 feet to the southerly line of said Parcel 1; thence leaving said city limits line along said southerly line, North 88Β°57β02β West 555.53 feet; thence leaving said southerly line, North 06Β°55β17β West 60.05 feet; thence North 34Β°33β35β East 240.00 feet; thence North 11Β°34β36β East 662.05 feet; thence North 67Β°04β40β West 128.93 feet; thence South 28Β°06β25β West 202.32 feet; thence North 68Β°27β07β West 330.00 feet; thence North 21Β°32β53β East 90.00 feet; thence North 56Β°08β31β West 225.80 feet; thence South 86Β°59β10β West 50.00 feet; thence South 33Β°51β10β West 428.44 feet; thence South 15Β°31β47β West 295.39 feet to the northeasterly corner of Reel 3770, Page 306, Marion County Records, and said city limits line; thence along the northerly line of said deed and the westerly extension thereof and said city limits line, North 88Β°44β44β West 309.46 feet to said easterly right-of-way line of Boones Ferry Road (Market Road 69) (25.00 feet from centerline); thence along said easterly right-of-way line and said city limits line, South 17Β°59β52β West 101.93 feet; thence continuing along said easterly right-of-way line on a curve to the left with a Radius of 11484.13 feet, a Delta of 01Β°41β09β, a Length of 337.91 feet, and a Chord of South 18Β°50β27β West 337.90 feet to the northwesterly corner of Reel 1124, Page 650, Marion County Records; thence leaving said easterly right-of-way line and said city limits line, North 71Β°31β33β West 55.00 feet to the westerly right- of-way line of Boones Ferry Road (30.00 feet from centerline) and said city limits line; thence along said westerly right-of-way line and said city limits line the following six courses: a curve to the left (Radial Bearing of North 71Β°31β53β West) with a Radius of 11429.13 feet, a Delta of 00Β°28β15β, a Length of 93.91 feet, and a Chord of North 18Β°14β00β East 93.91 feet; North 17Β°59β52β East 236.21 feet; a curve to the right with a Radius of 1462.40 feet, a Delta of 15Β°49β56β, a Length of 404.10 feet, and a Chord of North 25Β°57β05β East 404.81 feet; North 33Β°52β03β East 631.37 feet; a curve to the right with a Radius of 1175.92 feet, a Delta of 01Β°36β02β, a Length of 32.85 feet, and a Chord of North 34Β°40β05β East 32.85 feet to the westerly extension of the northerly line of said Parcel 1; thence along said westerly extension and said city limits line, South 86Β°59β16β East 80.40 feet to the Point of Beginning. The above described tract of land contains 20.73 acres, more or less. ---PAGE BREAK--- Bearings for this description are based on State Plane Grid bearing, Oregon State Plane, North Zone 3601, NAD83(2011) Epoch: 2010.0000. Distances shown are International Foot ground values. 4/15/2022 ---PAGE BREAK--- BOONES FERRY ROAD MAP OF RS B2 ---PAGE BREAK--- AKS Job #7564 EXHIBIT B3 βLegal Description RSβ A portion of Parcel 1 of Partition Plat 2018-010, Marion County Plat Records, and a portion of right-of-way, located in the Southeast One-Quarter of Section 6, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Beginning at the northeasterly corner of Lot 7 of the plat βTukwilaβ, Volume 40, Page 95, Marion County Book of Town Plats, also being on the southerly line of said Parcel 1; thence along said southerly line, North 88Β°57β02β West 657.94 feet; thence continuing along said southerly line and the westerly extension thereof, North 85Β°41β15β West 498.99 feet to the southerly right-of-way line of Hazelnut Drive (25.00 feet from centerline); thence along said southerly right-of-way line, North 72Β°00β03β West 46.07 feet; thence continuing along said southerly right-of-way line on a curve to the left with a Radius of 20.00 feet, a Delta of 88Β°18β33β, a Length of 30.83 feet, and a Chord of South 63Β°50β39β West 27.86 feet to the easterly right-of-way line of Boones Ferry Road (Market Road 69) (33.00 feet from centerline); thence leaving said easterly right-of-way line, North 70Β°18β38β West 33.00 feet to the centerline of Boones Ferry Road and the Point of Beginning; thence along said centerline on a non-tangent curve to the right (Radial Bearing of North 70Β°18β38β West) with a Radius of 11459.13 feet, a Delta of 02Β°53β53β, a Length of 579.61 feet, and a Chord of South 21Β°08β19β West 579.55 feet; thence continuing on said centerline, South 22Β°35β16β West 225.35 feet to the easterly extension of the south right-of-way line of Vanderbeck Road (20.00 feet from centerline); thence along said easterly extension, North 88Β°10β33β West 32.08 feet to the westerly right-of-way line of Boones Ferry Road (30.00 feet from centerline) and the City of Woodburn city limits line; thence along said westerly right-of-way line and said city limits line, North 22Β°35β16β East 236.72 feet; thence continuing along said westerly right-of-way line and said city limits line on a curve to the left with a Radius of 11429.13 feet, a Delta of 02Β°53β53β, a Length of 578.10 feet, and a Chord of North 21Β°08β19β East 578.04 feet; thence leaving said westerly right-of-way line and said city limits line, South 70Β°18β38β East 30.00 feet to the Point of Beginning. The above described tract of land contains 24,297 square feet, more or less. Bearings for this description are based on State Plane Grid bearing, Oregon State Plane, North Zone 3601, NAD83(2011) Epoch: 2010.0000. Distances shown are International Foot ground values. 4/15/2022 ---PAGE BREAK--- HAZELNUT DRIVE BOONES FERRY ROAD VANDERBECK ROAD MAP OF RS B4 ---PAGE BREAK--- AKS Job #7564 EXHIBIT B5 βLegal Description P/SPβ A portion of Parcel 1 of Partition Plat 2018-010, Marion County Plat Records, and a portion of right-of-way, located in the Southeast One-Quarter of Section 6, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Beginning at the northeasterly corner of Lot 7 of the plat βTukwilaβ, Volume 40, Page 95, Marion County Book of Town Plats, also being on the southerly line of said Parcel 1; thence along said southerly line, North 88Β°57β02β West 657.94 feet; thence continuing along said southerly line and the westerly extension thereof, North 85Β°41β15β West 498.99 feet to the southerly right-of-way line of Hazelnut Drive (25.00 feet from centerline); thence along said southerly right-of-way line, North 72Β°00β03β West 46.07 feet; thence continuing along said southerly right-of-way line on a curve to the left with a Radius of 20.00 feet, a Delta of 88Β°18β33β, a Length of 30.83 feet, and a Chord of South 63Β°50β39β West 27.86 feet to the easterly right-of-way line of Boones Ferry Road (Market Road 69) (33.00 feet from centerline); thence leaving said easterly right-of-way line, North 70Β°18β38β West 63.00 feet to the westerly right-of-way line of Boones Ferry Road (30.00 feet from centerline) and said city limits line; thence along said westerly right-of-way line and said city limits line on a non-tangent curve to the left (Radial Bearing of North 70Β°18β38β West) with a Radius of 11429.13 feet, a Delta of 01Β°13β15β, a Length of 243.52 feet, and a Chord of North 19Β°04β45β East 243.51 feet; thence leaving said westerly right-of-way line and said city limits line, South 71Β°31β33β East 55.00 feet to the northwesterly corner of Reel 1124, Page 650, Marion County Records, and said city limits line; thence along the northerly line of said deed and said city limits line, South 82Β°33β57β East 8.15 feet to the northeasterly corner of said deed; thence along the easterly line of said deed and said city limits line on a non-tangent curve to the left (Radial Bearing of North 71Β°32β21β West) with a Radius of 11492.13 feet, a Delta of 00Β°14β57β, a Length of 50.00 feet, and a Chord of South 18Β°35β08β West 50.00 feet to the southwesterly corner of Reel 3770, Page 306, Marion County Records; thence along the southerly line of said deed and said city limits line, South 75Β°16β43β East 342.61 feet to the southeasterly corner of said deed; thence along the easterly line of said deed and said city limits line, North 08Β°27β40β East 318.78 feet to the northeasterly corner of said deed; thence leaving said northeasterly corner and said city limits line, North 15Β°31β47β East 295.39 feet; thence North 33Β°51β10β East 428.44 feet; thence North 86Β°59β10β East 50.00 feet; thence South 56Β°08β31β East 225.80 feet; thence South 21Β°32β53β West 90.00 feet; thence South 68Β°27β07β East 330.00 feet; thence North 28Β°06β25β East 202.32 feet; thence South 67Β°04β40β East 128.93 feet; thence South 11Β°34β36β West 662.05 feet; thence South 34Β°33β35β West 240.00 feet; thence South 06Β°55β17β East 60.05 feet to the Point of Beginning. 4/15/2022 The above described tract of land contains 21.15 acres, more or less. Bearings for this description are based on State Plane Grid bearing, Oregon State Plane, North Zone 3601, NAD83(2011) Epoch: 2010.0000. Distances shown are International Foot ground values. ---PAGE BREAK--- HAZELNUT DRIVE BOONES FERRY ROAD MAP OF P/SP B6 ---PAGE BREAK--- AKS Job #7564 EXHIBIT B7 βLegal Description RCWODβ A portion of Parcel 1 of Partition Plat 2018-010, Marion County Plat Records, located in the Southeast One-Quarter of Section 6, Township 5 South, Range 1 West, Willamette Meridian, Marion County, Oregon, and being more particularly described as follows: Beginning at the northeasterly corner of Lot 7 of the plat βTukwilaβ, Volume 40, Page 95, Marion County Book of Town Plats, also being on the southerly line of said Parcel 1; thence along said southerly line, South 88Β°57β02β East 555.53 feet to the southeasterly corner of said Parcel 1; thence along the easterly line of said Parcel 1, North 29Β°43β15β West 244.61 feet; thence continuing along said easterly line, North 01Β°03β51β East 249.91 feet to the Point of Beginning; thence leaving said easterly line, South 83Β°33β42β West 50.00 feet; thence North 73Β°06β53β West 73.53 feet; thence North 50Β°49β10β West 144.37 feet; thence North 69Β°18β45β West 76.42 feet; thence South 83Β°41β31β West 80.63 feet; thence South 75Β°19β35β West 107.97 feet; thence South 82Β°12β43β West 204.04 feet; thence South 71Β°46β52β West 356.25 feet; thence South 79Β°43β19β West 208.58 feet to the easterly line of Reel 3770, Page 306, Marion County Records; thence along said easterly line, North 08Β°27β40β East 92.64 feet to the northeasterly corner of said deed; thence leaving said northeasterly corner, North 15Β°31β47β East 58.06 feet; thence North 79Β°43β19β East 143.82 feet; thence North 71Β°46β52β East 359.31 feet; thence North 82Β°12β43β East 208.40 feet; thence North 75Β°19β35β East 109.79 feet; thence North 83Β°41β31β East 124.48 feet; thence South 69Β°18β45β East 132.82 feet; thence South 50Β°49β10β East 139.57 feet; thence South 73Β°06β53β East 6.81 feet to the easterly line of said Parcel 1; thence along said easterly line, South 05Β°37β33β West 128.35 feet; thence continuing along said easterly line, South 78Β°31β12β East 60.25 feet to the Point of Beginning. The above described tract of land contains 3.98 acres, more or less. Bearings for this description are based on State Plane Grid bearing, Oregon State Plane, North Zone 3601, NAD83(2011) Epoch: 2010.0000. Distances shown are International Foot ground values. 4/15/2022 ---PAGE BREAK--- BOONES FERRY ROAD MAP OF RCWOD B8