AN ORDINANCE, SUBJECT
TO THE APPROVAL OF THE ELECTORATE, ANNEXING TO THE CITY OF YAMHILL THE FOLLOWING
DESCRIBED AREA AND TERRITORY:
A parcel of land approximately
13 acres more particularly described as follows, to-wit:
Beginning at the northeast
corner of that certain parcel conveyed by Hugh T. Smith and Evelyn D. Smith
to the Yamhill Christian Church by deed recorded at Film Volume 19 at Page 329,
said point being South 89º 55' East 8.925 chains and North
7.713 chains from the Northwest corner of the J. B. Rowland Claim; thence North,
following the West Boundary Line of the City of Yamhill, to the Northerly margin
of County Market Road No. 14; thence North 89º 16' West, following
the Northerly margin of County Market Road No.14, a distance of 1,140 feet to
a point on such northerly margin: thence South 00º 15' West to the center line
of County Market Road No.14; thence continuing South 00º 15' West, 520 feet
to a point; thence South 89º 16' East 1,140 feet to a point on the West Boundary
Line of the City of Yamhill; thence North following said Boundary Line of the
City 550 feet, more or less, to the point of beginning.
Save and except therefrom
that property owned by the Yamhill Christian Church by deed recorded at Film
Volume 19, at Page 329, Yamhill County Deed Records.
WHEREAS,
Steven Dumdi and Theresa Dumdi are the owners of the tract of land described
above, and have either petitioned or consented to the annexation of said territory
to the City of Yamhill (ANN 99-01); and
WHEREAS,
the City Recorder of the City of Yamhill, Oregon, caused notice of a public
hearing on the request to be published not less than five days nor more than
fifteen days before the hearing. In addition, written notice of the requested
change was mailed to all owners of property within five hundred feet of the
exterior boundary of the subject property, and posted at four places within
the City of Yamhill. Proof of publication and written notice is on file in the
Planning Department office; and
WHEREAS,
said public hearing was held on the 2nd day of August 1999 and continued to
the 10th day of August 1999 at 6:00 p.m. before the Yamhill Planning Commission
in the City Council chambers of the City of Yamhill, Oregon, at which time all
interested persons thus appearing were invited to be heard on the question of
the annexation of said area and territory herein first described; and
WHEREAS,
the Planning Commission, being fully informed about said request, found that
said change did not conform with the review criteria listed in the municipal
code Chapter 13.04 (the Annexation Ordinance) based on the material submitted
by the applicant and findings of fact and the conclusionary findings for approval
contained in the staff report, all of which are on file in the Planning Department,
and that the annexation request was not consistent with the Comprehensive Plan;
and
WHEREAS,
the Planning Commission recommended the Council not approve the annexation application;
and
WHEREAS,
subsequently, the City Council called for a public hearing. In accordance with
City ordinances, the public hearing was scheduled for September 8, 1999, at
7:30 p.m. in the City Council chambers of the City of Yamhill. Notice of said
hearing was given by written notice to affected property owners and to the general
public by legal notice in the local newspaper; and
WHEREAS,
the Yamhill City Council conducted the scheduled hearing at the time and date
specified above in accordance with the standards adopted in Yamhill Municipal
Code, Chapter No. 13.04. The testimony of the proponents and opponents was received
and, in addition, the record generated by the Yamhill Planning Commission, supplemental
staff reports, supplemental reports from other agencies and additional exhibits
were duly incorporated into the record and were considered by the Council and
; NOW THEREFORE;
THE CITY OF YAMHILL
ORDAINS AS FOLLOWS:
SECTION 1.
That based on the evidence received at the public hearing held on September
8, 1999, as regards the area and territory herein described as: A parcel of
land approximately 13 acres in size located adjacent to Moore's Valley Road,
and is described as Tax Lot 3404-1100 and a portion of Tax Lot 3404-1000, Section
4, T. 3 S., R. 4 W., W.M., and more particularly described as follows, to-wit:
Beginning at the northeast
corner of that certain parcel conveyed by Hugh T. Smith and Evelyn D. Smith
to the Yamhill Christian Church by deed recorded at Film Volume 19 at Page 329,
said point being South 89º 55' East 8.925 chains and North
7.713 chains from the Northwest corner of the J. B. Rowland Claim; thence North,
following the Boundary Line of the City of Yamhill, to the Northerly margin
of County Market Road No. 14; thence North 89º 16' West, following
the Northerly margin of County Market Road No.14, a distance of 1,140 feet to
a point on such northerly margin: thence South 00º 15' West to the center line
of County Market Road No.14; thence continuing South 00º 15' West, 520 feet
to a point; thence South 89º 16' East 1,140 feet to a point on the West Boundary
Line of the City of Yamhill; thence North following said Boundary Line of the
City 550 feet, more or less, to the point of beginning.
Save and except therefrom
that property owned by the Yamhill Christian Church by deed recorded at Film
Volume 19, at Page 329, Yamhill County Deed Records.
The Council adopts the
findings as contained in the applicant's Application Narrative and the city
planning staff report for the annexation request and bases its approval on the
Yamhill Comprehensive Plan and the applicable City and state statutes, all of
which are evidenced in the record.
SECTION 2.
That inasmuch as the owners of and one hundred percent of the electors living
within the area and territory described and designated herein have consented
in writing to the annexation of said contiguous area and territory, and the
consent is on file in the Planning Director's office in the City of Yamhill,
Oregon, and no objection to the proposed annexation having been made by residents
within said area and territory, the Council hereby declares said area and territory
to be annexed to the City upon the approval of the citizens. This matter shall
be submitted to the electorate no later than the May 2000 primary election as
is appropriate and is conducted by the Yamhill County Clerk. The owners of this
property shall pay such fees and costs of the election and comply with such
time lines as are required by law.
SECTION 3.
That the area and territory herein above referred to shall be annexed to the
City of Yamhill, Yamhill County, State of Oregon upon approval by a majority
of those voting in the election at which the property is considered for annexation
into the City of Yamhill.
SECTION 4.
That upon approval of this annexation by the electorate, the Recorder of the
City of Yamhill, Yamhill County, Oregon, is hereby authorized and directed to
make and submit to the Secretary of State of the State of Oregon, the Assessor
of Yamhill County, State of Oregon, and the County Clerk of Yamhill County,
State of Oregon, a certified copy of the following documents:
(a) A copy of this ordinance.
SECTION 5.
That this ordinance shall become null and void if this annexation request is
defeated by the electorate of the City of Yamhill.
INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 27th day of October , 1999.