SUBJECT: City of Lincoln City Plan Amendment DLCD File Number 008-12 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, January 04, 2013 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Richard Townsend, City of Lincoln City Gordon Howard, DLCD Urban Planning Specialist Patrick Wingard, DLCD Regional Representative YA NOTICE OF ADOPTED AMENDMENT 12/24/2012 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 20-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 0 F M R R •n••••••••••••n0 n In person q electronic q mailed .-1-* DEPT OF IE DEC 17 2012 LAND CONSERVATION m AND DEVELOPMENT For Office Use Only Jurisdiction: City of Lincoln City Local file number: ANNEX 2012-01 Date of Adoption: 12/10/2012 Date Mailed: 12/14/2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? El Yes I No Date: 9/21/2012 H Comprehensive Plan Text Amendment q Comprehensive Plan Map Amendment Li Land Use Regulation Amendment q Zoning Map Amendment New Land Use Regulation IZ] Other: Annexation Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Ordinance No. 2012-10 annexes an area of the Lincoln City urban growth area that is contiguous to the City boundary on the north, comprising approximately 246 acres of land in the Roads End Area of Lincoln County. The ordinance is effective on January 9, 2013. The ordinance does not make any changes to zoning in the annexed territory. Legislative procedures (as for a comprehensive plan amendment) were followed, although the ordinance does not in fact adopt such an amendment. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: No changes to: Zone Map Changed from: No Changes to: Location: North of existing city limits (see map) Specify Density: Previous: No changes Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 x x x Acres Involved: 246 New: 13 14 15 16 17 18 19 x Was an Exception Adopted? YES Z NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? Z Yes q No Yes q No q Yes 1-1 No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Lincoln County, Lincoln County Library District, Roads End Water District, Roads End Sanitary District Local Contact: Richard Townsend, Planning Director Phone: (541) 994-2153 Extension: Address: PO Box 50 Fax Number: 541-996-1284 City: Lincoln City Zip: 97367- E-mail Address: rtown@lincolncity.org ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8 1/2-1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us . http://www.oregon.gov/LCD/forms.shtml Updated December 6, 2012 1 ORDINANCE NO. 2012 —10 2 3 AN ORDINANCE ANNEXING TO THE CITY OF LINCOLN CITY 4 APPROXIMATELY 246 ACRES OF LAND IN THE ROADS END AREA OF 5 LINCOLN COUNTY CONTIGUOUS TO THE CURRENT LINCOLN CITY 6 BOUNDARY; WITHDRAWING APPROXIMATELY 246 ACRES OF LAND FROM 7 THE LINCOLN COUNTY LIBRARY DISTRICT, ROADS END SANITARY 8 DISTRICT, AND ROADS END WATER DISTRICT 9 10 11 THE CITY OF LINCOLN CITY ORDAINS AS FOLLOWS: 12 13 Section 1. Findings — Annexation Area. The City Council finds: 14 A. The land described in the Legal Description for Annexing Certain Property to the City 15 of Lincoln City, attached hereto as "Exhibit A", shown as indicated on the map 16 attached hereto as "Exhibit B", and consisting of the tax lots listed on "Exhibit C" 17 attached hereto, is territory contiguous to the corporate boundary of Lincoln City. The 18 land is referred to as the "Annexation Area". The Annexation Area is within the City's 19 Urban Growth Boundary. If there is a conflict between any of "Exhibit A", "Exhibit B", 20 and "Exhibit C", "Exhibit B" (map) shall govern. 21 B. ORS 222.120 and 222.170 grant the City the power and authority to annex by 22 declaration territory that is contiguous to the corporate boundary of the City, with the 23 consent of more than half of the owners of property within the territory who own more 24 than half of the land in the territory which represents more than half of the assessed 25 value of the land. 26 C. Based on the information provided in the Consents Table (11/19/2012), the City 27 Council finds there are approximately 906 tax lots in the Annexation Area. The City 28 has received consents to annexation and waiver of time limitation on such consents 29 from 519 property owners, or 57.7% of the 900 property owners, who own 30 approximately 112.65 acres, representing 57.37% of the 246 total acres of land in the 31 territory and having an assessed value of $157,089,150 constituting 64.88% of the 32 assessed value of $242,103,960 in the territory. 33 D. The Annexation Area consists of approximately 906 tax lots, 900 of which are counted 34 for purposes of the triple-majority annexation, and a total area of approximately 246 Ordinance 2012-10 Page 1 1 acres. Of the 900 tax lots, approximately 706 are developed with residential uses. The 2 remaining lots are undeveloped. 3 E. Individual properties in the Annexation Area receive City water service as a special 4 service under the terms of LCMC §§13.12.040-13.12.050 and related provisions. 5 F. The Annexation Area is served by the Roads End Sanitary District. The City by 6 agreement treats the waste from the RESD system and disposes of such waste. 7 G. With the exception of the Roads End State Park which is zoned PF, the current zoning 8 for the Annexation Area is Lincoln County Residential Zone R-1-A. 9 H. The City Council has considered, in relation to annexation of the Annexation Area, a 10 number of matters including but not limited to: 11 1. The need for orderly, economic provision for public facilities and services; 12 2. The urbanization of the area which is presently developed with more than 700 13 homes; 14 3. The agreement between the City of Lincoln City and the Roads End Sanitary 15 District, under which the City maintains and repairs the sanitary sewer, and treats 16 and disposes of waste from properties in the RESD; 17 4. The agreement between the City of Lincoln City and the (original) Roads End 18 Water District which expired in 2003, under which the City provided water as a 19 special service to individual properties in the urban growth area of Roads End. The 20 City has provided water service pursuant to adopted ordinances that provide for 21 water service in exchange for the property owner's consent to annex, with an 22 agreement to waive the time limitation on such consent; 23 5. The applicable provisions of the City's Comprehensive Plan, Comprehensive Plan 24 Urbanization Policy 5(g), which states: "Annexation of sites within the UGB shall 25 be reviewed by the planning commission and shall be in accordance with relevant 26 Oregon Statutes"; 27 6. Comprehensive Plan Public Services and Utilities Policy, Individual Public Facility 28 Policy I(1), which states: "Connection to or extension of public facilities (i.e. water 29 and sewer) to areas outside existing city limits, but within the adopted Urban 30 Growth Area boundary shall be conditional upon annexation to the City of Lincoln 31 City, unless such service is provided for by written contract executed prior to Ordinance 2012-10 Page 2 1 December 1, 1990. The requirement for annexation may be satisfied by the 2 execution and recording of an irrevocable consent to annexation and waiver of time 3 limitation of such annexation consent by the owner(s) of record"; 4 7. The need to annex land that is largely urbanized and developed and appropriate for 5 receiving services from the City, which has planned to provide such services; 6 8. The need for an annexed area to be of adequate dimension so as to maximize the 7 utility of the land resource and enable the logical and efficient extension of services 8 to the annexed area. 9 I. ORS 215.130 states that county land use ordinances shall continue to apply unless and 10 until the city adopts land use ordinances for the annexed area. Lincoln City Municipal 11 Code *17.12.050 provides that: "Areas annexed to the City will be classified with the 12 underlying county zoning designation until rezoned by the City." The City Council 13 interprets LCMC § 17.12.050, read together with Comprehensive Plan Urbanization 14 Policy 5(g) and the provisions of Title 17, Zoning, Chapters 17.12 Zoning Districts 15 Established and Chapter 17.88 Amendments, to mean that: 16 1. Property in the Annexation Area, if annexed, will have the Lincoln County zoning 17 designation of Residential Zone R-1-A, (with the exception of the Roads End State 18 Park, which will retain county PF zoning) and as provided by LCMC § 17.12.050, 19 will retain that zoning designation, rather than having a standard Lincoln City Title 20 17 Zoning designation, until and unless rezoned by ordinance adopted by the City 21 Council; 22 2. Under Comprehensive Plan Urbanization Policy 5(g) and LCMC §17.12,050, an 23 annexation ordinance automatically, and without any other action required, adopts 24 the applicable Lincoln County underlying zoning designation for the Annexation 25 Area and the associated Lincoln County regulations for that underlying zoning 26 designation, and does not require any express amendment of the Comprehensive 27 Plan and Zoning Ordinance text and maps. 28 3. The Annexation Area, if annexed, will retain all Lincoln County land use provisions 29 until such time as the Annexation Area becomes subject to City zoning ordinances, 30 through the rezoning process adopted by ordinance under City procedures. Ordinance 2012-10 Page 3 1 7. LCMC Chapter 17.88 establishes procedures for amendments to the City 2 Comprehensive Plan text and map, the Zoning Ordinance text, and the zoning map 3 affecting areas that are already within the City's boundaries. It does not establish 4 procedures for annexation decisions. Rather, in accord with Comprehensive Plan 5 Urbanization Policy 5(g): "Annexation of sites within the UGB shall be reviewed by 6 the Planning Commission and shall be in accordance with relevant Oregon statutes"; 7 therefore, proposed annexations must be reviewed by the Planning Commission but in 8 all other respects, the only required procedures for annexation decisions are those 9 established by state statute, in this case ORS 222.170(1), including by cross-reference 10 ORS 222.120. 11 K. Notices of the proposed annexation and withdrawal of territory from the Lincoln 12 County Library District, Roads End Sanitary District, and Roads End Water District 13 and the City Council public hearing and Planning Commission public hearing on these 14 proposals were published in the Lincoln City News Guard for two successive weeks 15 before the hearings. 16 L. Notices of the proposed annexation and withdrawal of territory from the Lincoln 17 County Library District, Roads End Sanitary District, and Roads End Water District 18 and the City Council public hearing and Planning Commission public hearing on these 19 proposals were posted in at least four locations in the City for two successive weeks 20 before the hearings. 21 M. Individual notice of the proposed annexation and withdrawal of territory from the 22 Lincoln County Library District, Roads End Sanitary District, and Roads End Water 23 District and the City Council public hearing and Planning Commission public hearing 24 on these proposals was mailed to the owners of property in the Annexation Area as 25 reflected in the most recently available Lincoln County tax assessment roll, as well as 26 owners of property located within 250 feet of the boundary of the Annexation Area. 27 N. The Planning Commission reviewed the proposed annexation and withdrawal of 28 territory from the Lincoln County Library District, Roads End Sanitary District, and 29 Roads End Water District and conducted a public hearing on these proposals on 30 November 6-7, 2012, at which time the Planning Commission heard testimony and 31 received exhibits into the record. Based on the findings in the staff report, supporting Ordinance 2012-10 Page 4 1 documentation, and the testimony and evidence presented at the public hearing, the 2 Planning Commission unanimously recommended the City Council annex the 3 Annexation Area by triple majority consent-to-annex process. (Planning Commission 4 Final Recommendation No. 2012-01.) 5 0. The City Council reviewed the Planning Commission recommendation on the proposed 6 annexation and withdrawal of territory from the Lincoln County Library District, Roads 7 End Sanitary District, and Roads End Water District and conducted a public hearing on 8 these proposals November 19-20, 2012, at which time the City Council heard oral 9 testimony and received written testimony into the record. At the conclusion of the 10 public hearing the City Council directed staff to return with a final order of annexation 11 for City Council consideration and adoption. 12 Section 2. Findings — Triple Majority Consent to Annex. 13 A. The City Councils of the City since 2003 have consistently expressed the desire to 14 annex the Roads End Area, an area within the urban growth boundary to which the City 15 has been providing water service as a special service since 1978, by agreement with the 16 water customer pursuant to an intergovernmental agreement between the City of 17 Lincoln City and the Roads End Water District. That IGA expired in 2003. The City 18 Council adopted resolutions to terminate water service in the event the area was not 19 annexed. In 2004 the City amended its requirements for water service outside the City 20 to require a consent to annex when the name on the utility bill changed. Subsequently, 21 due to protests submitted or refusals to submit the required consent documents, the City 22 sought a declaratory judgment to determine whether its annexation program and 23 consent-to-annex requirements were lawful; City of Lincoln City v. Roads End Sanitary 24 District et al, Civil No. 06-1001-TC (2008). 25 B. "Here, the City is conditioning the provision of water on property owners consenting to 26 annexation whenever there is a change in the payor of the water bill. ...The relationship 27 between the new person and the City is the functional equivalent of the relationship 28 between the City and the previous payor at the time of the initial water hook-up. 29 Defendants agree that obtaining consents in the latter scenario would be lawful. The 30 attempted distinction based on already existing water service to a predecessor payor is 31 without merit. Ordinance 2012-10 Page 5 1 Based on the foregoing, the fact that the water system and water service are 2 already in existence does not make the City's annexation program invalid. There is no 3 legal impediment to the City's action under Oregon statutes, law and constitution." 4 (U.S. Magistrate Judge Thomas M. Coffin), Order in Civil No. 06-1001-TC, p. 6-7. 5 C. "Defendants argue that the "forced" consents are unconstitutional because the City's 6 actions severely interfere with "rights" to vote on the annexation issue ....However, 7 ...Lincoln City's intended method of annexation involves only the consents of 8 landowners and does not require consents from electors (registered voters)." 01 .der, 9 Civil No. 06-1001-TC, p. 7. The judge concluded that if defendants Morden, Sozzi and 10 Falk did not comply with the requirements of the annexation program, the City had the 11 right to terminate water to their Roads End properties. 12 D. In Ordinance No. 2010-10 the City Council amended LCMC §13.12.050 for water 13 service outside the city to require a consent to annex from a property owner in 14 exchange for continued water service, where the City had not yet received such consent 15 to annexation. 16 E. The City's policy since 1980 allows only one connection to a lot or parcel unless 17 exception is made, with water service provided as a special service and provided the 18 owner consents to annexation, waives the 1-year time limit on consent, and signs a 19 water service agreement. These documents are recorded in Lincoln County. 20 F. In 2011 and 2012 the City received letters from various Roads End customers and 21 property owners generally expressing a variety of opinions including the owner's 22 consent was coerced or derived by threat of water turnoff. Some letters state in effect 23 the owner revoked the owner's consent to annex; however the City finds some owners 24 did not provide a consent to annex, or a prior owner had provided a consent. The City 25 has not received a request to terminate water service from any owner and customer who 26 sent a letter of protest or notice of tort claim. 27 G. The City Council concludes an owner's attempt to revoke the owner's agreement to 28 consent to annex in exchange for water service is not well taken and without legal 29 effect, absent a contemporaneous request from the owner that the City cease or 30 terminate delivery of water service to the owner's property. The 519 consents to annex 31 received by the City and counted for purposes of ORS 222.170(1) are valid. Ordinance 2012-10 Page 6 1 H. Of the 906 tax lots in the Annexation Area, 900 are counted for purposes of counting the 2 number of tax lots, the area, and the number of owners. The six tax lots not included in 3 the triple-majority calculation are those lots that are publicly-owned real property; ORS 4 222.170(4). 5 Section 3. Findings - Lincoln County Library District. The City Council finds: 6 A. The Annexation Area is within the Lincoln County Library District. A description of 7 the area to be withdrawn from the Library District in conjunction with annexation is 8 described in "Exhibit D", attached hereto and incorporated herein by reference as if 9 fully set forth. 10 B. The Library District is intended to cover only areas in the County that are not inside 11 cities. The District raises funds through a property tax operating levy. The Couhty then 12 distributes the funds raised to cities within the County that have libraries, with the 13 payers of the property tax levy having the right to use the library in the closest city that 14 has a library. 15 C. In the event of annexation of the Annexation Area, the owners of the annexed property, 16 in paying City property taxes, will contribute their fair share to the cost of operating the 17 City's Driftwood Library. It is not appropriate that they also pay the Library District 18 property tax, since that will result in their paying more than their share of the Driftwood 19 Library operating costs and is contrary to the purpose for which the Library District 20 was established. 21 D: The testimony provided by the Library District did not provide specific numbers but 22 made estimates based on 739 properties with an address and calculated that all libraries 23 in the district will probably lose some funding. The City finds that any estimate based 24 on such a calculation significantly overstates the loss in funding, due to the large 25 number (75% or more) of second homes in the Roads End Area. The Library District 26 did not otherwise oppose the annexation proposal and the City finds while there may be 27 some District-wide impact, the impact to the City support of the Driftwood Library 28 would be some loss in the City's general fund but likely not in excess of approximately 29 $20,000. The City will continue to coordinate with the Library District on funding of 30 services by the Library District. Ordinance 2012-10 Page 7 1 E. Withdrawal of the Annexation Area from the Library District is in the best interests of 2 the City. 3 Section 4. Findings — Roads End Sanitary District. The City Council finds: 4 A. The Annexation Area is within the Roads End Sanitary District. A description of the 5 boundaries of the Sanitary District is shown on "Exhibit E", attached hereto and 6 incorporated herein by reference as if fully set forth. 7 B. The Sanitary District is intended to cover areas in the County that are not inside cities. 8 The Sanitary District owns and operates sewer lines in the District. By agreement with 9 the Sanitary District, the City maintains and repairs the sewer lines in the District, and 10 treats and disposes of all waste from the Sanitary District. 11 C. The Sanitary District raises funds through a property tax operating levy. 12 D. In the event of annexation of the Annexation Area, the owners of the annexed property, 13 in paying City property taxes, will contribute their fair share to the cost of operating the 14 City's sewer system. It is not appropriate that they also pay the Sanitary District 15 property tax, since that will result in their paying more than their share of the cost of 16 operating the sanitary sewer system and is contrary to the purpose for which the 17 Sanitary District was established. 18 E. Under ORS 222.520 and 222.524, the City has the authority to withdraw annexed 19 property from the Sanitary District. 20 H. Withdrawal of the Annexation Area from the Sanitary District is in the best interests of 21 the City. 22 Section 5. Findings — Roads End Water District. The City Council fords: 23 A. The Annexation Area is within the (new) Roads End Water District. A description of 24 the boundaries of the Water District is shown on "Exhibit F", attached hereto and 25 incorporated herein by reference as if fully set forth. 26 B. The Water District is intended to cover areas in the County that are not inside cities. 27 The Water District does not own a water source or water system. 28 C. Beginning in 1978 by intergovernmental agreement with the then existing (predecessor 29 or original) Water District, the City provided water service as a special service to 30 individual properties in the Roads End area. The Water District was then dissolved in 31. 1978, with the City receiving its assets. Ordinance 2012-10 Page 8 1 D. The successor (new) Water District was formed in 2001 in part for the purpose of 2 negotiating with the City of Lincoln City due to the impending expiration in 2003 of the 3 agreement between the (original) Water District and the City. The Water District raises 4 funds through a property tax operating levy, although the Water District does not 5 provide water and does not have a water source or delivery system. 6 E. In the event of annexation of the Annexation Area, the owners of the annexed property, 7 in paying City property taxes, will contribute their fair share to the cost of operating the 8 City's water system. It is not appropriate that they also pay the Water District property 9 tax, since that will result in their paying more than their share of the cost of operating 10 the water system and is contrary to the purpose for which the Water District was 11 established. 12 F. Under ORS 222.520 and 222.524, the City has the authority to withdraw annexed 13 property from the Water District. 14 G. There was testimony that customers in the District subsidize City water service and the 15 City mistakenly attributes the cost of system improvements to the Roads End area. The 16 City has itemized the approximate cost of improvements to the City-wide system in 17 letters to the Water District and Roads End customers, as summarized by David 18 Hawker, City Manager, by Memorandum dated November 19, 2012, and fords that the 19 City has invested heavily in providing water to the Roads End Area and that the out-of- 20 city rates and charges for water service as a special service to Roads End Customers do 21 not compensate the City for the cost of required system and service delivery 22 improvements considering the water service area that comprises the Roads End Area. 23 Section 6. Land Use Findings. 24 Additional findings addressing the applicable Comprehensive Plan provisions and applicable 25 Statewide Planning Goals are hereby adopted as set forth in "Exhibit G", attached hereto and 26 incorporated by reference herein. 27 Section 7. Annexation Declared; Effective Date. 28 Pursuant to ORS 222.120(4)(b) and 222.170(1), and based on the adopted findings of this 29 ordinance, the Annexation Area as shown in "Exhibit A", "Exhibit B", and "Exhibit C" is 30 hereby annexed to the City of Lincoln City effective July 1, 2013. Pursuant to ORS 222.180 31 (1), the annexation shall be complete from the date the City Manager files with the Secretary Ordinance 2012-10 Page 9 1 of State the annexation records as provided in ORS 222.177 and 222.900. Thereafter the 2 annexed territory shall be and remain a part of the city to which it is annexed. 3 Section 8. Withdrawal of Annexation Area from Lincoln County Library District. 4 Based on the adopted findings of this ordinance including Section 3 the City of Lincoln City 5 hereby withdraws the Annexation Area from the Lincoln County Library District, effective as 6 of the effective date of the annexation of land declared in Section 7. 7 Section 9. Withdrawal of Annexation Area from Roads End Sanitary District. 8 Based on the adopted findings of this ordinance including Sections 1 through 5, the City of 9 Lincoln City hereby withdraws the Annexation Area from the Roads End Sanitary District, 10 effective as of the effective date of the annexation of land declared in Section 7. 11 Section 10. Withdrawal of Annexation Area from Roads End Water District. 12 Based on the adopted findings of this ordinance including Sections 1 through 5, the City of 13 Lincoln City hereby withdraws the Annexation Area from the Roads End Water District, 14 effective as of the effective date of the annexation of land declared in Section 7. 15 Section 11. Ordinance Effective Date. 16 This ordinance takes effect 30 days after the date of its adoption. 17 Section 12. Customer Designation for Purposes of Municipal Water Service or Special 18 Water Service. 19 A. Property owners in the Annexation Area shall be designated customers "within the city" 20 for purposes of municipal water service under Lincoln City Municipal Code §§13.12.060 and 21 13.12.080 on the date the annexation is effective July 1, 2013. The customer designation 22 change from "outside the city" to "inside the city", and the right to water as a municipal 23 service, is expressly conditioned, however, on the effectiveness and validity of the annexation 24 declared by Section 7 of this ordinance. 25 B. If a judicial or administrative order is issued ordering a stay of this ordinance or the 26 effective date of the annexation declared in Section 7, then the "customer within the city" 27 designation approved by Section 12A shall not apply unless and until an order lifting the stay 28 is issued and the annexation takes effect. 29 C. If a court of competent jurisdiction rules the annexation declared in Section 7 is not valid, 30 then the customers in the Annexation Area shall be responsible for the full amount of payment 31 for water service as a special service that otherwise would have been due to the City from the Ordinance 2012-10 Page 10 1 property owner as a customer outside the city, excepting only that period, if any, that the 2 owner paid property taxes to the City that are not subject to refund. The uncollected amount 3 due for payment for water service provided to a customer outside the city shall be 4 immediately due and payable by the customer in full. In the event that a court ultimately rules 5 the annexation is valid, and after exhaustion of any appeal rights, the City Council shall enter 6 an order waiving the amount due in excess of that paid by customers within the city for water 7 service and deeming owners in the Annexation Area to be customers within the city. 8 Section 13. Severability. 9 The provisions of this ordinance are severable. If a court of competent jurisdiction rules any 10 portion of this ordinance is invalid, then to the extent provided by law, the determination that 11 a specific part is invalid will not affect the validity and effect of the remaining valid 12 provisions, provided that without the invalid provision the remaining provisions can 13 reasonably apply and be in full force and effect as intended. 14 Section 14. Phase in of property taxes. 15 Pursuant to ORS 222.111, the rate of ad valorem real property taxation for city purposes on 16 property in the annexed territory shall be: 17 For the tax year commencing on July 1, 2013 - 70% of the ad valorem real property tax 18 levied inside the city outside of the annexed territory; 19 For the tax year commencing on July 1, 2014 - 85% of the ad valorem real property tax 20 levied inside the city outside of the annexed territory; 21 For the tax year commencing on July 1, 2015 and thereafter - 100% of the ad valorem real 22 property tax levied inside the city outside of the annexed territory. 23 Section 15. Application of Vacation Rental Dwelling License. 24 LCMC §5.14 requirements for vacation rental dwelling licenses shall take effect with regard 25 to property in the annexation area on December 1, 2013, and applications for vacation rental 26 dwelling licenses are required to be submitted to the City no later than January 31, 2014. 27 Vacation rental dwellings lawfully existing on the effective date of this annexation shall not 28 be subject to the ownership limitation in the definition of "person" in LCMC 5.14.020(B) and 29 as set forth in LCMC 5.14.060(D). Notwithstanding this provision, the city retains the right 30 to impose such a limitation or other requirements in the future. 31 Section 16. Application of Transient Room Tax. Ordinance 2012-10 Page 11 DICK ANDERS 1 In the Annexation Area, no transient room tax under LCMC Chapter 3.04 shall be due until 2 the commencement of overnight occupancy occurring on or after January 1, 2014. 3 Section 17. Implementation. 4 The City Council delegates to the City Manager the authority to take any actions necessary or 5 required to execute or administer the approvals adopted by this ordinance. 6 Section 18. Interpretation; Delegation of Authority to Correct Minor Effots in Exhibits. 7 In the event of any conflict between the Annexation Area map and legal description, or 8 Annexation Area map and list of tax lots, the Annexation Area map adopted as Exhibit B shall 9 control over the legal description of the Annexation Area or list of tax lots. The City Council 10 delegates authority to the City Manager, in conjunction with the surveyor contracted to 11 provide the legal description, to address and correct any minor discrepancies in the legal 12 description or otherwise conform the legal description to the map. The City Council also 13 delegates to the City Manager the authority to make any minor corrections to Exhibit A, in 14 coordination with the Lincoln County Tax Assessor or Oregon Department of Revenue, as 15 may be necessary or required to conform Exhibit A to Exhibit B. 16 Section 19. Findings Adopted. 17 The findings of this ordinance as expressly stated in Sections 1 through 6, incorporated into 18 this section by reference as if fully set forth herein, are adopted in support of this legislative 19 action. 20 PASSED AND ADOPTED by the City Council Lincoln ity this 10 th day of 21 December, 2012. 27 CATHY S RE, CITY I CORDER 28 29 EXHIBIT A — LEGAL DESCRIPTION OF ANNEXATION AREA 30 EXHIBIT B — MAP OF ANNEXATION AREA 31 EXHIBIT C — LIST OF LINCOLN COUNTY TAX LOTS IN ANNEXATION AREA 32 EXHIBIT D — AREA WITHDRAWN FROM LINCOLN COUNTY LIBRARY DISTRICT 33 EXHIBIT E — DESCRIPTION OF ROADS END SANITARY DISTRICT 34 EXHIBIT F DESCRIPTION OF ROADS END WATER DISTRICT 35 EXHIBIT G — LAND USE FINDINGS 22 23 24 ATTEST: 25 26 Ordinance 2012-10 Page 12 EXHIBIT "A" LEGAL DESCRIPTION FOR ANNEXING CERTAIN PROPERTY TO THE CITY OF LINCOLN CITY BEGINNING AT THE POINT OF INTERSECTION OF THE MEAN HIGH WATER LINE OF THE PACIFIC OCEAN AND THE SOUTH LINE OF SECTION 34, TOWNSHIP 6 SOUTH. RANGE 11 WEST, WILLAMETTE MERIDIAN, LINCOLN COUNTY, OREGON; THENCE EASTERLY 975 FEET MORE OR LESS ALONG SAID SOUTH LINE OF SECTION 34 TO THE SOUTHEAST CORNER OF SAID SECTION 34, WHICH IS ALSO THE SOUTHWEST CORNER OF SECTION 35 IN SAID TOWNSHIP 6 SOUTH, RANGE 11 WEST; THENCE EASTERLY 630 FEET MORE OR LESS ALONG THE SOUTH LINE OF SECTION 35 TO THE WESTERLY RIGHT-OF-WAY LINE OF LOGAN ROAD; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 25.23 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.201207494 LINCOLN COUP( DEED RECORDS (LCDR), WHICH CORNER IS ALSO AT THE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF LOGAN ROAD WITH THE SOUTH RIGHT-OF-WAY LINE OF N.W. 50TH STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE NORTH BOUNDARY LINE OF THOSE TRACTS OF LAND AS DESCRIBED IN Doc. No. 201207494, Doc. No.200504060 AND Doc. No.20110087 LCDR SOUTH 89°59'54"WEST 296.89 FEET TO THE NORTHWEST CORNER OF LOT 19 "LINCOLN SHORES STAR RESORT" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 15 PAGE 21; THENCE ALONG THE EAST BOUNDARY LINE OF SAID LOT 19 SOUTH 07°33'29" WEST 124.39 FEET TO THE SOUTHEAST CORNER THEREOF, WHICH IS ALSO AN ANGLE CORNER ON THE NORTH BOUNDARY LINE OF LOT 47 "LINCOLN SHORES STAR RESORT"; THENCE ALONG THE NORTHERLY BOUNDARY LINES OF SAID LOT 47 SOUTH 82°21'37" EAST 84.89 FEET, NORTH 07°30153" EAST 48.93 FEET, NORTH 66°47'19" EAST 52.46 FEET, SOUTH 07°30'53" WEST 47.94 FEET AND SOUTH 82°23'43" EAST 42.43 FEET TO THE NORTHWEST CORNER OF LOT 48 "LINCOLN SHORES STAR RESORT"; THENCE CONTINUING SOUTH 82°23'43" EAST 42.43 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200713844 LCDR; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID TRACT OF LAND NORTH 07°35'43" EAST 31.84 FEET TO THE SOUTHWEST CORNER OF SAID TRACT DESCRIBED IN Doc. No.201207494 LCDR; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT DESCRIBED IN Doc. No.201207494 LCDR; SOUTH 82°21'48" EAST 79.0 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE FOR LOGAN ROAD; THENCE NORTH 07°41'47" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE 129.3 FEET MORE OR LESS TO THE SOUTH LINE OF SAID SECTION 35; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 35 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE FOR LOGAN ROAD , WHICH POINT IS ALSO THE SOUTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200811584 LCDR; THENCE CONTINUING EASTERLY ALONG THE SOUTH LINE OF SECTION 35 AND SOUTH BOUNDARY LINE OF SAID TRACT OF LAND DESCRIBED IN Doc. No.200811584 LCDR 100.0 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND; THENCE NORTH 60 FEET MORE OF LESS TO THE NORTHEAST CORNER OF SAID TRACT OF LAND; THENCE WEST ALONG THE NORTH BOUNDARY LINE OF SAID TRACT 100.0 FEET MORE OR LESS TO THE EASTERLY RIGHT-OF-WAY LINE FOR LOGAN ROAD; THENCE NORTHERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE FOR LOGAN ROAD 502 FEET MORE OR LESS PAGE 1 OF 5 EXHIBIT A Ordinance 2012-10 TO MOST SOUTHERLY CORNER OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 375 PAGE 1014 LCDR; THENCE NORTH 21°30' EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 375 PAGE1014 LCDR 176.33 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 65 PAGE 1358 LCDR; THENCE NORTH 74°00' EAST ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT OF LAND AND CONTINUING ALONG THE SOUTHERLY BOUNDARY LINES OF THOSE TRACTS OF LAND AS DESCRIBED IN Doc. No.201200492 LCDR AND BOOK 84 PAGE 0649 LCDR 570.2 FEET MORE OR LESS TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, 253.5 FEET MORE OR LESS TO A POINT ON THE NORTH RIGHT-OF-WAY LINE FOR N.E PORT LANE, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF PARCEL 2 LINCOLN COUNTY PARTITION PLAT 2004-18; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND SOUTH BOUNDARY LINES OF PARCEL 1 AND 2 SAID PARTITION PLAT 2004-18, 229.3 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN Doc, No.201208619 LCDR; THENCE NORTH ALONG THE BOUNDARY LINE BETWEEN PARCEL 1 SAID PARTITION PLAT 2004-18 AND SAID TRACT OF LAND DESCRIBED IN Doc, No.201208619 LCDR 207.7 FEET MORE OR LESS TO A POINT ON THE SOUTH BOUNDARY LINE OF LINCOLN COUNTY PARTITION PLAT 1993-15; THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID PARTITION PLAT 1993-15 AND NORTH BOUNDARY LINE OF THOSE TRACTS OF LAND AS DESCRIBED IN 102 Doc. No. 201208619 LCDR, Doc. No.201208384 LCDR, Doc. No.200707862 LCDR AND Doc, No, 200911200 LCDR 430.0 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID PARTITION PLAT 1993-15, WHICH IS ALSO THE SOUTHEAST CORNER OF TRACT "A" "BELHAVEN AT ROADS END" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 18 PAGE 24; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF "BELHAVEN AT ROADS END" AND WESTERLY BOUNDARY LINE OF SAID PARTITION PLAT 1993-15 THE FOLLOWING (11) COURSES: 1) NORTH 01°56'21" WEST 161.39 FEET, 2) NORTH 44°48'54" EAST 75,05 FEET, 3) NORTH 43°02'07" WEST 83.17 FEET, 4) NORTH 01°56'21" WEST 25.40 FEET, 5) ALONG A 125.0 FOOT RADIUS CURVE LEFT (THE LONG CHORD BEARS NORTH 38°31'00" EAST 29,92 FEET) AN ARC DISTANCE OF 30.00 FEET, 6) NORTH 31°38'32" EAST 17.22 FEET, 7) ALONG A 125.0 FOOT RADIUS CURVE LEFT (THE LONG CHORD BEARS NORTH 14°56'35" EAST 71.84 FEET) AN ARC DISTANCE OF 72.86 FEET, 8) NORTH 01°45'22" WEST 43.07 FEET, 9) ALONG A 14.00 FOOT RADIUS CURVE RIGHT (THE LONG CHORD BEARS NORTH 43°41'53" EAST 19.96 FEET) AN ARC DISTANCE OF 22.21 FEET, 10) NORTH 89°09'07" EAST 78.24 FEET, 11) NORTH 00°12'25" EAST 138.90 FEET TO THE NORTHEAST CORNER OF LOT 1 TRACT "C" "BELHEVEN AT ROADS END"; THENCE CONTINUING ALONG THE BOUNDARY LINE BETWEEN SAID PARTITION PLAT1933-15 AND NORTH LINES OF LOTS 1,2,3, AND A PORTION OF LOT 4 SAID TRACT "C" NORTH 89°00'36" WEST 185.20 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED BOOK 217 PAGE 0845 LCDR; THENCE NORTH ALONG THE WEST BOUNDARY LINE OF SAID PARTITION PLAT 1993-15 AND THE WEST BOUNDARY LINES FOR SAID TRACT OF LAND DESCRIBED IN BOOK 217 PAGE 0845 LCDR AND THOSE TRACTS OF LAND AS DESCRIBED IN Doc, No,200412101LCDR AND Doc. No.201002260 LCDR 515 FEET MORE OR LESS TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE FOR N.E. SAL-LA-SEA DRIVE; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE FOR PAGE 2 OF 5 N.E. SAL-LA-SEA DRIVE ON A 210.0 FOOT RADIUS CURVE LEFT (THE LONG CHORD BEARS NORTH 44°18'57" EAST 96.14 FEET MORE OR LESS) AN ARC DISTANCE OF 97. 0 FEET MORE OR LEES; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 31°05'00" EAST 181.10 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF "SAL-LA-SEA" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 9 PAGE 58, WHICH CORNER IS THE POINT OF BEGINNING FOR EASTERLY BOUNDARY OF "SAL- LA-SEA" AND THE EASTERLY RIGHT-OF-WAY LINE FOR SAL-LA-SEA DRIVE AS DEDICATED TO THE PUBLIC BY THE PLAT OF "SAL-LA-SEA"; THENCE ALONG SAID EASTERLY SUBDIVISION BOUNDARY, FOLLOWING THE EASTERLY RIGHT-OF-WAY LINE OF SAL-LA-SEA DRIVE THE FOLLOWING 19 COURSES: 1) NORTH 31°05'00" EAST 745.73 FEET, 2) ALONG A 686.2 FOOT RADIUS CURVE RIGHT (LONG CHORD BEARS NORTH 39° 21'00" EAST 149.81 FEET) AN ARC DISTANCE OF 150.1 FEET, 3) NORTH 43°37'00" EAST 121.19 FEET, 4) ALONG A 160.0 FOOT RADIUS CURVE LEFT (LONG CHORD BEARS NORTH 14°42'15" WEST 272.30 FEET) AN ARC DISTANCE OF 325.7 FEET, 5) NORTH 73°01'30"W 40.42 FEET, 6) ALONG A 315.0 FOOT RADIUS CURVE LEFT (LONG CHORD BEARS NORTH 81°00'45" WEST 87.50 FEET) AN ARC DISTANCE OF 87.8 FEET, 7) NORTH 89°00'00" WEST 119.14 FEET, 8) ALONG A 542.96 FOOT RADIUS CURVE RIGHT (LONG CHORD BEARS NORTH 85°00'00" WEST 75.75 FEET) AN ARC DISTANCE OF 75.8 FEET, 9) NORTH 81°00'00" WEST 113.29 FEET, 10) ALONG A 35.0 FOOT RADIUS CURVE RIGHT (LONG CHORD BEARS NORTH 02°30'00" WEST 68.59 FEET) AN ARC DISTANCE OF 95.9 FEET, 11) NORTH 76°00'00" EAST 77.30 FEET, 12) ALONG A 135.0 FOOT RADIUS CURVE LEFT (LONG CHORD BEARS NORTH 34°30'00" EAST 178.91 FEET) AN ARC DISTANCE OF 195.6 FEET, 13) NORTH 07°00'00" WEST 38.20 FEET, 14) ALONG A 120.0 FOOT RADIUS CURVE RIGHT (LONG CHORD BEARS NORTH 03°07'30" EAST 42.19 FEET) AN ARC DISTANCE OF 42.4 FEET, 15) NORTH 13°15'00" EAST 30.05 FEET, 16) ALONG A 285.0 FOOT RADIUS CURVE LEFT (LONG CHORD BEARS NORTH 22°22'30" WEST 332.01 FEET) AN ARC DISTANCE OF 354.4 FEET, 17) NORTH 58°00'00" WEST 47.35 FEET, 18) ALONG A 120.0 FOOT RADIUS CURVE RIGHT (LONG CHORD BEARS NORTH 29°00'45" WEST 116.29 FEET) AN ARC DISTANCE OF 121.4 FEET, 19) NORTH 00°01'30" WEST 123.87 FEET TO THE NORTHEAST CORNER OF "SAL-LA-SEA"; THENCE SOUTH 58°06'30" WEST ALONG THE NORTHERLY BOUNDARY LINE OF "SAL-LA-SEA" 70.64 FEET TO THE NORTHEAST CORNER OF LOT 1 BLOCK I "SAL-LA-SEA", WHICH CORNER IS ALSO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.201009762 LCDR; THENCE ALONG THE EAST AND NORTH BOUNDARIES OF SAID TRACT DESCRIBED IN Doc. No.201009762 LCDR NORTH 00°01'30" WEST 60.0 FEET AND SOUTH 89°59'30" WEST 115.49 FEET MORE OR LESS TO THE NORTHWEST CORNER THEREOF, WHICH IS A POINT ON THE EAST BOUNDARY LINE OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200702247 LCDR; THENCE ALONG THE EAST BOUNDARY LINE OF SAID TRACT OF LAND DESCRIBED IN Doc. No.200702247 LCDR NORTH 01°23'36" WEST 121.76 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF PARCEL 3 LINCOLN COUNTY PARTITION PLAT 16-1990; THENCE NORTH ALONG THE EAST BOUNDARY LINE OF SAID PARTITION PLAT 16-1990 AND ALONG THE EAST BOUNDARY LINE OF LINCOLN COUNTY PARTITION PLAT 1993-17, 364.0 FEET MORE OR LESS TO THE NORTHEAST CORNER OF PARCEL 3 SAID PARTITION PLAT 1993-17; THENCE WESTERLY ALONG THE NORTH BOUNDARY OF SAID PARCEL 3 PARTITION PLAT 1993-17 8 FEET MORE OR LESS TO A POINT ON THE WEST BOUNDARY OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 303 PAGE 0231 LCDR, PAGE 3 OF 5 WHICH POINT IS ALSO THE SOUTHEAST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200811073 LCDR; THENCE NORTH ALONG THE BOUNDARY LINE BETWEEN SAID TRACTS OF LAND DESCRIBED IN BOOK 303 PAGE 0231 LCDR AND Doc.No.200811073 LCDR 56 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF US GOVERNMENT LOT 25 IN SECTION 26, TOWNSHIP 6 SOUTH, RANGE 11 WEST, WILLAMETTE MERIDIAN; THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 25AND NORTH BOUNDARY LINE OF SAID TRACT OF LAND AS DESCRIBED IN Doc. No.200811073 LCDR 315 FEET MORE OR LESS TO A POINT ON THE EASTERLY BOUNDARY LINE OF "FOOTHILLS ADDITION TO ROADS END" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 8 PAGE 26, AND EASTERLY RIGHT-OF- WAY LINE FOR N.E. NEPTUNE DRIVE (FORMERLY FOOTHILLS RD.); THENCE ALONG THE EASTERLY RIGHT-OF WAY LINE FOR N.E. NEPTUNE DRIVE NORTH 10°23' WEST 569.20 FEET AND NORTH 28°17' WEST 234.56 FEET MORE OR LESS TO THE SOUTH- EAST CORNER OF "SECOND FOOTHILLS ADDITION TO ROADS END" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 8 PAGE 57; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID "SECOND FOOT HILLS ADDITION", AND THE CONTINUATION OF THE EASTERLY RIGHT-OF WAY LINE FOR N.E. NEPTUNE DRIVE (FORMERLY FOOTHILLS RD.) NORTH 15°39'30" WEST 231.30 FEET TO THE SOUTH- WEST CORNER OF LOT 15 BLOCK 1 SAID "SECOND FOOT HILLS ADDITION"; THENCE NORTH 74°20'30" EAST 100.00 FEET TO THE SOUTHEAST CORNER SAID LOT 15 BLOCK 1; THENCE ALONG THE EASTERLY BOUNDARY LINE OF BLOCK 1 SAID "SECOND FOOTHILLS ADDITION" THE FOLLOWING 3 COURSES: 1) NORTH 15°39'30" WEST 148.02 FEET, 2) NORTH 07°56'00" WEST 287.64 FEET, 3) ALONG A 340.0 FOOT RADIUS CURVE LEFT (LONG CHORD BEARS NORTH 15°08'36" WEST 85.34 FEET) AN ARC DISTANCE OF 85.57 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT 5 "SWALKO ADDITION" A SUBDIVISION AS RECORDED IN LINCOLN COUNTY PLAT BOOK 10 PAGE 10; THENCE ALONG THE EAST BOUNDARY LINE FOR LOT 4 & LOT 5 SAID "SWALKO ADDITION" NORTH 03°23' WEST 198.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 4, WHICH CORNER IS ALSO THE MOST SOUTH CORNER OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 350 PAGE 1355 LCDR; THENCE NORTH 84°36' EAST 47.80 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 350 PAGE 1355 LCDR; THENCE ALONG THE EAST BOUNDARY LINE OF SAID TRACT OF LAND NORTH 05°53' EAST 111.00 FEET TO THE SOUTHEAST CORNER OF PARCEL 3 LINCOLN COUNTY PARTITON PLAT 2001-7; THENCE ALONG THE EAST BOUNDARY LINE OF PARCEL 3 AND PARCEL 2 SAID PARTITION PLAT 2001-7 NORTH 05°53'00" EAST 135.00 FEET TO THE SOUTHEAST CORNER OF PARCEL 2 LINCOLN COUNTY PARTITION PLAT 2002-1;THENCE ALONG THE EAST BOUNDARY LINE OF PARCEL 2 AND PARCEL 1 SAID PARTITION PLAT 2002-1 NORTH 05°53'00" EAST 135.00 FEET TO THE NORTHEAST CORNER OF PARCEL 1 SAID PARTITION PLAT 2002-1; THENCE SOUTH 87°19'02" WEST 101.15 FEET TO A POINT OF THE EASTERLY RIGHT-OF-WAY LINE FOR N.E. WILLIAMS COURT; THENCE NORTH 05°53'00" EAST ALONG SAID RIGHT-OF-WAY LINE FOR N.E. WILLIAMS COURT 52.75 FEET TO THE INTERSECTION WITH THE PAGE 4 OF 5 EASTERLY RIGHT-OF-WAY LINE FOR N.E. LOGAN ROAD; THENCE ALONG THE SAID RIGHT-OF-WAY LINE FOR N.E. LOGAN ROAD NORTH 47°55'00" EAST 31.00 FEET MORE OR LESS TO THE NORTHEAST CORNER AT THE TERMINUS OF N.E. LOGAN ROAD; THENCE ALONG THE NORTHEAST TERMINUS OF N.E.LOGAN ROAD NORTH 42°05'00" WEST 40.00 FEET TO A POINT OF THE SOUTHEASTERLY BOUNDARY LINE OF PARCEL 2 LINCOLN COUNTY PARTITION PLAT 1992-33; THENCE ALONG THE SOUTHEAST AND NORTHEAST BOUNDARY LINES OF PARCEL 2 SAID PARTITION PLAT 1992-33, WHICH IS ALSO THE SOUTHWESTERLY BOUNDARY LINE FOR THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200716310 PARCEL V LCDR THE FOLLOWING 5 COURSES 1) NORTH 47°55' EAST 69.75 FEET, 2) NORTH 23°05' WEST 11.33 FEET, 3) NORTH 79°05' WEST 137.71 FEET, 4) NORTH 08°05' WEST 97.40 FEET, 5) NORTH 45°35"'W 8,20 FEET TO THE MOST EASTERLY CORNER OF THAT OF LAND AS DESCRIBED IN Doc. No.200418943 LCDR; THENCE ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID TRACT OF LAND DESCRIBED IN Doc. No.200418943 LCDR AND THE CONTINUATION OF THE SOUTHWESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.200716310 PARCEL V LCDR THE FOLLOWING 4 COURSES; 1) NORTH 68°00' WEST 142.20 FEET, 2) NORTH 08°23' EAST 37.96 FEET, 3) NORTH 48°03' EAST 8.54 FEET, 4) NORTH 30°10' WEST 50.07 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN Doc. No.2007- 16310 PARCEL II LCDR; THENCE NORTH 58°59' EAST 20.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN Doc. No. 200716310 PARCEL II LCDR; THENCE ALONG THE EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID TRACT OF LAND AS DESCRIBED IN Doc. No.200716310 PARCEL II LCDRN THE FOLLOWING 7 COURSES: 1) NORTH 13°42' WEST 142.10 FEET, 2) NORTH 15°27' WEST 52.40 FEET, 3) NORTH 25°45' WEST 76.88 FEET, 4) NORTH 56°57' WEST 26.22 FEET, 5) SOUTH 37°59' WEST 35.35 FEET, 6) SOUTH 07°43' EAST 29.00 FEET, 7) NORTH 68°43' WEST 211.90 FEET MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE PACIFIC OCEAN IN SECTION 27, TOWNSHIP 6 SOUTH. RANGE 11 WEST, WILLAMETTE MERIDIAN; THENCE SOUTHERLY ALONG SAID MEAN HIGH WATER LINE TO THE POINT OF BEGINNING. PAGE 5 OF 5 EXHIBIT , ROADS ENO 'EXTENSION 08.1t-27-OA 'ROADS ENO SNAL Amu SE 400ITION TO ROADS 08-14-27-00 .ROADS ENO 100 LLS ADOI ON TO ROA , END 21 06 34°38 .14a4os . ENV . 4 .08-11.14-4A ' MST Aoorrrav •To ROADS EAU ''' .."--I FOOTHILLS ADOITIAY TO ROADS ENV COA(EY Apozriay TO ROADS exv 08-11-35-08 RAO ADOITIOM TO ROADS EAV SAL-LA -SEA . , 08-.11.•34.40 • FIRST Aporrrav . TO ROADS Elm er AWL , ADDITION TO ROADS END SAL-LA-SEA 01, 08-11...35-0C 4, yf ), SPINORIFT P.0.8. MV ' 08-11-$4-0A ' WAND • ADOITIAY , TO ROADS SAO ' ORIFFIN • PARK OELHAPEN AT ROADS INV 08..11..35-C8 ' GARSON TERRACE' ' 08-$1-34-00 1 OARRASAR cnssr . ;P. O. 8. 34,35 SEASCAPE POW 08-11-35-CC ,TANVER LAW SOBOIKISION CONFASS 08-.11-.28 SCALE 1 .• 500' OCTOBER 31, 2012 SCALE 1'•600' 0 600 1200 NW 80TH sr $ LIIIO STAR 07-11-03-A assay 07.•11.-02-88 C it. City of Lincoln Ctty Annexation Boundary Roads End ('9,5/<:<,/ , \ / \,/ ,.>, \r< col (.) p Department of Revenue File Number: 21-360-2001 Prepared by: Jennifer Dudley, 503-945-8666 Boundary: Change H Proposed Change The change is for: 0 Ei Formation of a new district LI Annexation of a territory to a district EXHIBIT F Ordinance 2012-10 q Withdrawal of a territory from a district Dissolution of a district QP q Transfer LI Merge .06v) 4.. 0 County Assessor copy - Copies to: Taxing District, Department of Revenue, County Contn I50-303-034 (Rev, 4-01) FLU ASSESSOR n161611 BEFORE THE BOARD OF COMMISSIONERS 2 FOR LINCOLN COUNTY, OREGON 3 In the Matter of: 4 5 FORMATION OF 6 1?0ADS END WATER DISTRICT ORDER # 8-01- 2.5 7 WHEREAS a Roads End Water District was formed hi 1974 to provide "Water service 8 to the Roads End area of Lincoln County; and 9 WHEREAS in June of 1978 that district entered into an intergovernmental agreement to with the City of Lincoln City to provide water service to the Roads End area for a period of 11 25 years; and 12 WHEREAS part of the agreement required the dissolution and liquidation of the 13 district; and 14 WHEREAS in December of 1978 the Roads End Water District was dissolved; and 15 WHEREAS the 25-year period covered by the intergoveknmental agreement ends on 16 June 27, 2003; and WHEREAS the services and finictions to be performed by the proposed new Roads 18 End Water District are to secure continuing water service for the Roads End area and to 19 provide a legal entity to contract with the City of Lincoln City for those continuing water 20 services; and 21 WHEREAS on March 20, 2001, a prospective petition to form a new Roads End Water 22 DistriCt was filed with the Lincoln County Clerk in accordance with ORS 198.478 (the original 23 is in the county file relating to this matter); and Page 1 -- ORDER # 8-01- 2S Office of Lincoln County -Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365. (541) 26S-4105 1 WHEREAS in May of 2001 copies of a stack of circulated petition sheets were 2 delivered to the County for verification of property ownership and property acreage; and 3 WHEREAS that verification was completed in late May of 2001, and resulted in the 4 determination that the stack of petition sheets represented a verified 19:58 percent of the 5 property acreage in the proposed district (those copies and the verification and calculation 6 sheet are contained in the County file relating to this matter); and 7 WHEREAS on June 4, 2001, the circulated petition, with original signature sheets and 8 circulator affidavits, was filed with the Board of Commissioners, and contains not only the 9 signature sheets previously verified, but also additional signature sheets representing additional to acreage, bringing the total acreage of the petitioners to 20.88 percent of the total acreage in the t I proposed district (the original circulated petition, with all original circulated petitioner sheets 12 and circulator affidavits, is in the County file relating to this matter - the petition contains a 13 total of 98 landowners and 80 voters for a total of 64.22 acres out of a total proposed district 14 acreage of 307.54 acres); and 15 WHEREAS the signatures therefore amount to over twice the amount of signatures 16 necessary to constitute 15 owners of land representing at least 10 percent of the acreage in the 17 proposed district, and therefore the circulated petition meets the minimum requirement of ORS 18 198 .755(1)(b); and 19 WHEREAS July 18, 2001, was set as the date for the first hearing on the petition and 20 notice of the hearing was published and posted in accordance with ORS 198.730 and 198.800 21 (see Exhibit "2" attached to and made a part of BOC Order # 7-01-231); and Page 2 -- ORDER # 8-01- 2S 7 Office or Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541)265-4109 1 1 WHEREAS the Board conducted the public hearing on July 18, 2001, pursuant to ORS 2 198.805 and found that the criteria prescribed by ORS 199.462 have been met and the area 3 described in the petition could benefit from formation of the district; and 4 WHEREAS in accordance with ORS 198.805(1) the Board also made minor 5 modifications to the proposed district boundary and, pursuant to ORS 198.805 and 198.810, 6 entered an order approving of the formation of Road End Water District and directing that a 7 final public hearing on the proposed formation occur on August 15, 2001, and announced that 8 at that time the Board may enter an order forming the district and calling for an election of the 9 first directors of the district (see BOC Order # 7-01-231); and 10 WHEREAS notice of the final hearing set by that Order was published in the "News 11 Times," a newspaper of general circulation in Lincoln County, on July 25, 2001 (see Exhibit 12 "3" attached to and made a part of this Order); and 13 WHEREAS the Board conducted the final public hearing on August 15, 2001, pursuant 14 to ORS 198.810, and an insufficient number of written requests for an election on the issue of 15 formation were filed as provided in ORS 198.810(2); therefore, in accordance with ORS 16 198.820 and 198.825, 17 IT IS HEREBY ORDERED THAT: 18 (1) The Roads End Water District is created and formed for the purposes provided by 19 ORS Chapter 264. 20 (2) The boundaries of the Roads End Water District are described in the legal 21 description attached to and made a part of this Order as Exhibit "1" and depicted in the map 22 attached to and made a part of this Order as Exhibit "2." Page 3 -- ORDER ft 8-01- 257 Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541) 265-4108 missioner t Don Lindly, Comnlissio (3) An election shall be held on November 6, 2001, for the purpose of electing the first 2 members of the district board (the candidate filing deadline is September 6, 2001). The 3 County Clerk shall conduct the election in the manner specified in ORS 198.825, 264.410, 4 264.417, and applicable provisions of Oregon election laws. 5 (4) Pursuant to ORS 198.780, within 10 days of the date of this Order, duplicate copies 6 of this Order shall be filed with: The Oregon Department of Revenue; the Oregon Secretary of 7 State; the Lincoln County Clerk; and the Lincoln County Assessor. DATED this 15 th day of August, 2001. LINCOLN COUNTY BOARD OF COMMISSIONERS Karen L. Gerttula, Chair Page 4 -- ORDER # 8-01- 2.5 -1* Office of Lincoln County Legal Counsel 225 West Olive Street, Room 110 Newport, Oregon 97365 (541)2654108 ROAD END WATER DISTRICT LEGAL DESCRIPTION Beginning at the point of intersection of the Mean High Water Line of the Pacific Ocean and the South line of Section 34, Township 6 South, Range 11 West, Willamette Meridian, Lincoln County, Oregon; thence Easterly along said South line of Section 34 to the Southeast corner of said Section 34, which is also the Southwest corner of Section 35 in that same Township and Range; thence Easterly along the South line of said Section 35 to the Southeast corner of US Government Lot 26 in said Section 35, which point is also the 1116 1h corner lying on the boundary line between the Southwest 1/4 of the Southwest I/4 of said Section 35 and the Southeast 'A of the Southwest 'A of said Section 35; thence North along that boundary line to the Center Section Line of said Section 35, which point is also the Northeast coiner of the parcel of land described in the Quitclaim Deed recorded September 25, 1996, in the Lincoln County Book of Deeds and Mortgages at BOOK 325 PAGE 1354; thence West along said Center Section Line to the Easterly right-of-way line of NE Sal-La-Sea Drive; thence Northerly along said Easterly right-of-way line to its point of merger with the Easterly right-of-way line of NE Port Drive (formerly Hillcrest Avenue); thence continuing Northerly along said Easterly right-of-way line to the end (Northeast corner) of said NE Port Drive right-of-way; thence Southwesterly along the Northerly right-of-way line of said NB Port Drive right-of-way 50.64 feet, more or less, to the Northwest corner of said NB Port Drive right-of-way, which point is also the Southeast corner of the parcel of land described in the Quitclaim Deed recorded August 23, 1978, in the Lincoln County Book of Deeds and Mortgages at BOOK 91 PAGE 1288 (hereinafter the "Frankel Parcel"); thence Northerly along the East boundary of said Frankel Parcel to the Northeast corner of said Frankel Parcel; thence Westerly 115.49 feet, more or less, to the Northwest corner of said Frankel Parcel; thence N1 °23'36"W 121.76 feet, more or less, to Southeast corner of Parcel 3, Lincoln County Partition Plat 16-1990; thence Northerly 153.96 feet, more or less, to the Northeast corner of said Parcel 3 .(16-1990), which point is also the Southeast corner of Parcel 3, Lincoln County Partition Nat 1993-17; thence North 210.03 feet, more or less, to the Northeast corner of said Parcel 3 (1993-17); thence Westerly along the North boundary of said Parcel 3 (1993-17) 8 feet, more or less, to the West boundary line of the parcel of land described in Warranty Deed recorded July 20, 1995, in the Lincoln County Book of Deeds and Mortgages at BOOK 303 PAGE 0231 (hereinafter the "Drayton Parcel"); thence Northerly along the West boundary line of said Drayton Parcel 56 feet, more or less, to the Southeast corner of US Government Lot 25 in Section 26, Township 6 South, Range 11 West, Willamette Meridian; thence North along the East boundary line of said Lot 25 to the Northeast corner of said Lot 25, which point is also the Southeast corner of US Government Lot 24 in said Section 26; thence Northerly along the East boundary of said Lot 24 to the Northeast corner of said Lot 24; thence Westerly along the North boundary line of said Section 24 to the to the quarter corner on the Section line between Sections 26 and 27, Township 6 South, Range 11 West, Willamette Meridian; thence North along that Section line 65.23 feet, more or less, the boundary line of Parcel 1 as described in the Warranty Deed recorded February 4, 1998, in the Lincoln County Book of Deeds and Mortgages at BOOK 351 PAGE 0794; thence along the boundary lines of said Parcel 1 as follows: N49°45'30"E 148.4 feet more 9r less, N21°32'E 64.4 feet, more or less, EXHIBIT I N19°15'30"E 86.7 feet, more or less, N2°54'E 70.5 feet, more or less, N53°06'W 37.7 feet, more or less, S64°45'W 152.1 feet, more or less, S76°55'30"W 178.2. feet, more or less, S53°29'30"W 41.0 feet, more or Jess, which point is the Westernmost point of said Parcel 1; thence Southwesterly 45 feet, more or less, to the Northeasterly corner of Parcel 2 as described in the Warranty Deed recorded February 4, 1998, in the Lincoln County Book of Deeds and Mortgages at BOOK 351 PAGE 0794; thence along the boundary lines of said Parcel 2 as follows: N56°57'W 26.22 feet, to a stake and nail, S37°59'W 35.35 feet, to a stake and nail, S7°43'E 29 feet, to a stake and nail, N68°43' W 211.9 feet, more or less, which point lies on the Mean High Water Line of the Pacific Ocean; thence Southerly along said Mean High Water Line to the point of beginning. EXHIBIT ► Page a of toT 10 Lo? 20.00 20.00 LOT 23 1.0 1 2 2 20.00 20.00 1.0? 2? 20.00 400 LOT Tt • 70.00 00 0 0 0 0 0 0 -010 0 O 4020 2 0 0 0 O 01 21 20.00 0 0 0 0 0 UK 21 20.00 0000000'170 500 Wu ,c Roca s EA() WATER NSTP,IC-T PAC1FIC OCEAN mirsie disirict bouncj - i tt.14 AC LOT I 20.00 403 LOT 5 20.001 LOT 12 PACIFIC OCEAN 20.00 ' 1 402 44A3 ie • 20.00 n..at w AP Teyre Cro I, Notary Public of Oregon (My commission expires October 16, 2001) OFFICIAL SEAL TEYRE CROWELL NOTARY PUBLIC - OREGON COMMISSION NO. 305923 MY COMMISSION WIRES 001;16,2001 Subscrib d and sworn to before e this 25th day f July, 2001 ..— Teyre Crowe ir Notary Public of Oregon (My commission expires October 16, 2001) TEYRE CROWELL '• OFFICIAL SEAL NOTARY PUBLIC • OREGONI1 COMMISSION NO. 305923 ; MY COMMISSION EXPIRES OCT.16,2031 6 NOTICS OF HEARING The tincoln County Board of Com-misstate/a will con• duct a Imal heannFtoonn rot rtrootProllale lratIVIear District. Th boundary ol ro: r e e 191st.riclh.;=°N ths tep 4 of the SW 1/4 and the W 1/2 of the SW 1/4 of the SW 1/4 of Section 26; the SE 114 of the SE 1/4 of Section 27; • the NE 1/4 of the NE 1l4, the SE 1/4 of the NE 1/4, the NE 1/4 of the SE 1/4, and the SE 1/4 of the SE ' 114 of Section 34; the W 1/2 of the NW 114 of the NW 114, the W 1/2 of the SW 1/4 of the NW 1/4, the NW 1/4 of the SW 1/4, end the SW 1/4 of the SW 1/4 of Section 36; the Sal-La-Sea subdivision In Section 35; the portion of US Govern. ment Lot 23 in Section 35 ee described In the Statuto. ry Warranty Deed recorded March 24, 2009, In the Lin- coln County Book of Deeds and Mortgages al Book 399 - Page 1219; the portion of US Government lot 23 in Section 35 as described In the Bargain and Salo Deed recorded September 26, 1996, in the Lincoln County Book of Deeds and Mort- 1 353; Ireopk..3Z gaol Lots 15 and 16 In Section 27 and Lot d In Section 26 as described In the Warren- " ty Deed recorded February . 4. 1998, In the Lincoln I dounty Book of Deeds and Modgages at Book 351 Page 0794. The hearing will be held at 9:39 a.m. on August 15, Commissioners In the Board of Co m ssoners Hearing Room, whch le . Room 108. of the Lincoln • County Courthouse located at 225 West Olive Street In Newport, Oregon. All Inter. esled persons may appear and be heard. At that time the Board may enter art order calling for en election . on the issue of formation of the district If the Board receives a sufficient num• ber of requests for such an election... Otherwise,. the , Board may enter an order forming the district and call. Ing for an election of the first members of the district board. Questions concern. Ng this matter may be directed to the Office of Legal Coun.sel, 225 West Olive Sheet, boom Newport, Oregon 97365, (541) 266.4109. /s/ Rob Eleven Assistant County Counsel J-25 (87-25) AFFIDAVIT OF PUBLICATION News-Times, Newport, Oregon COUNTY OF UNCOLN SS. STATE OF OREGON I, Teresa Barnes, being duly sworn, depose and say that I am an authorized employee d News-Times, Newport, Oregon, a newspaper of general circulation printed and published In the aforesaid county as defined in ORS 193.010 and 193.020, apd, that NOTICE: Final hearing on petition; Roads End (87-25) printed copy which is hereto annexed, was published in the entire Issue(s) of said newspaper for 1 week(s) in the following Issue(s): July 25, 2001 .4.A1 hzi Subscrl ed and sworn to befor- me this 25th day of July, 2001 . AFFIDAVIT OF PUBLICATION News-Times, Newport, Oregon COUNTY OF LINCOLN SS. STATE OF OREGON 1, Teresa Barnes, being duly sworn, depose and say that I am an authorized employee of News-Times, Newport, Oregon, a newspaper of general circulation printed and published In the aforesaid county as defined in ORS 193.010 and 193.020, and, that NOTICE: Final hearing on petition; Roads End (87.25) printed copy which Is hereto annexed, was published in the entire Issue(s) of said newspaper for 1 wook(s) in the following issue(s): July 25, 2001 EXHIBIT Z Page i of I 1 EXHIBIT G 2 Land Use Findings 3 4 1. The Annexation Area is entirely within the Lincoln City Urban Growth Boundary, and 5 has been continuously since 1978 when Lincoln City first established an "interim urban 6 growth boundary" and then when in 1984 the City finalized its UGB and again included 7 all of the Annexation Area. The Oregon Department of Land Conservation and 8 Development acknowledged the City's UGB in 1984. 9 2. The Annexation Area generally is known as "Roads End." 10 3. With the exception of the state park, which the county has zoned Public Facilities (P-F), 11 all of the Annexation Area carries the Lincoln County zoning designation of Single- 12 Family Residential (R-1-A). The Annexation Area is urbanized, having been subdivided 13 to urban densities and largely developed with residential structures. In fact, it is the 14 largest urban area in Lincoln County that does not receive a municipal level of public 15 services. It consists of approximately 906 tax lots developed with approximately 706 16 residential structures. Due to its size, location and proximity, the Roads End area has the 17 largest unfunded impact on City services 18 4. In 2011 the City commissioned an annexation impact report. Prepared by Siegel 19 Planning Services LLC, the Roads End Annexation Impact Report ("Siegel Report") 20 Siegel Report provides background information on the Roads End neighborhood and 21 summarizes impacts on owners and residents. The author drafted portions of the 22 annexation impact report with the assumption that City land use ordinances would be 23 extended to the subject area in conjunction with the annexation proposal. The annexation 24 ordinance, however, does not change the existing county land use designations or 25 regulations, which will continue to apply, pursuant to ORS 215.130 and Lincoln City 26 Municipal Code § 17.12.050, until such time as the city by ordinance adopts replacement 27 land use designations and regulations. 28 5. The Annexation Area is contiguous to the City in that it abuts the northern City limits of 29 the City in the vicinity of NW 50 th Street at the western City limits at various places in 30 the vicinity of NE Port Lane and NE Sal-La-Sea Dr. 31 Exhibit G to Ordinance 2012-10 — Land Use Findings Page 1 Exinurr C Ordinance 2012-10 1 6. The City of Lincoln City uses a combined Comprehensive Plan and Zoning map; 2 consequently, it has no plan designation for Roads End at present. 3 7. The Comprehensive Plan's Citizen Involvement Program goal is "Develop a Citizen 4 Involvement Program (C1P) which ensures the continued participation of citizens in the 5 land use planning process." The City has developed a Citizen Involvement Program by 6 Resolution No. 94-33. The public hearing process for the annexation included mailed, 7 published, and posted notice to the public and property owners, and review of the 8 proposal by the Planning Commission and the City Council, as consistent with this goal 9 and Resolution. 10 8. Among the policies under the City's Citizen Involvement Program goal is one that says 11 "Lincoln City shall assure that a reasonable effort is made to encourage the opportunity for 12 citizens to attend public meetings." 13 9. The Planning Commission and City Council meetings are publicized widely with hearing 14 notices mailed to property owners in the affected area, posted at four places in the City, and 15 published in the News Guard, the local weekly newspaper and on the City's website. The 16 City holds its public hearings in the evening to encourage attendance. Moreover, for those 17 unable to attend, the meetings are televised live and rebroadcast on Charter cable television 18 and streamed live over the Internet. Video of the meetings also is available on the City's web 19 site for review after the meetings. This constitutes a reasonable effort to encourage the 20 opportunity for citizens to attend the hearings on the annexation. 21 10. The City conducted a survey in August 2011, seeking input on the importance of various 22 City services to residents of the Annexation Area and on related issues. The services and 23 items listed included permanent water, police protection, street maintenance, protective 24 zoning, vacation rental dwelling regulation, and having utility rates reduced by half. The 25 overwhelming majority of respondents felt that most of the services listed were either 26 "very important" or "important." While direct services were important, the survey also 27 demonstrated the value of money to the owners. Of all the categories listed, having the 28 utility bill reduced to half was the most important to the combined respondents. 29 11. The Lincoln City Comprehensive Plan's Public Services and Utilities goal is "To plan and 30 develop a timely, orderly, and efficient arrangement of public facility and services which 31 compliment [sic] the area and serve as a framework for urban and rural development." The 32 commentary under this goal says "Service can be provided within all areas of the Urban Exhibit G to Ordinance 2012-10 — Land Use Findings Page 2 1 Growth Boundary." 2 12. The City and the Roads End Water District entered into a 25-year agreement in 1978, 3 whereby the City would provide water service via direct customer agreements. The City 4 has expended nine million dollars over the past six years on improvements to its water 5 system, in part, to improve water service delivery and fire flow to the Roads End area. 6 13. The Roads End Water District has no water or public facilities. Rather, the City of 7 Lincoln City provides water to the Annexation Area through a network of City-owned 8 and maintained mains and service connections. On annexation, the area will be 9 withdrawn from the district and water rates for area properties will be reduced by more 10 than 50%. 11 14. The Roads End Sanitary District owns the sewer lines in the Annexation Area and 12 Lincoln City maintains and operates the sewer lines and treats and disposes of all the 13 waste. 14 15. Upon annexation, the Roads End area will be withdrawn from the Roads End Sanitary 15 District and the City of Lincoln City will maintain and operate the sewer lines there. 16 Sewer rates for area properties will drop approximately 50%. 17 16. The Lincoln City Director of Public Works has prepared a memorandum summarizing 18 the impacts of annexation on her department's resources and has concluded that the City 19 will be able to continue to provide water and sewer services to the Annexation Area after 20 annexation without change. 21 17. The Annexation Area receives police protection from the Lincoln County Sheriff's 22 Office. The City police department responds to calls in Roads End when a timely police 23 response is important, incurring unreimbursed costs and diverting resources from city 24 residents. 25 18. The Lincoln City Police Department will provide police protection upon annexation 26 above that currently provided by Lincoln County. 27 19. Annexation will result in approximately eight additional miles of residential streets to 28 patrol. The cost of adding additional officers and related equipment to service this area 29 will be offset by increased tax revenues. 30 20. As noted by the Lincoln City Chief of Police, the Lincoln City Police Department is 31 prepared to immediately provide improved police services to the residents of Roads End. 32 With minor budget adjustments for personnel and equipment the City will maintain Exhibit U to Urdinance 2012-1U — Land Use Findings Page 3 1 consistent levels of service for the entire City and Roads End. 2 21. Fire protection service is provided by the North Lincoln Fire Protection District # 1 (Fire 3 District), which will continue to provide service after annexation. 4 22. One of the policies under the City's public services and utilities goal says, "Connection to 5 or extension of public facilities (Le., water, and sewer) to areas outside existing City limits, 6 but within the adopted Urban Growth Area boundary shall be conditional upon annexation to 7 the City of Lincoln City, unless such service is provided for by written contract executed 8 prior to December 1, 1990. The requirement for annexation may be satisfied by the execution 9 and recording of an irrevocable consent to annexation and waiver of time limitation of such 10 annexation consent by the owner(s) of record." No contract for service is in effect in the 11 Annexation Area. The City has applied this policy with respect to properties in the 12 Annexation Area. 13 23. Another policy under the City's public services and utilities goal says "The City shall 14 provide recreational facilities and activities for all citizens of the City." The City has 15 established a system of trails, parks, and open space areas that are open to both residents and 16 non-residents of the City. The City also operates a Community Center containing swimming 17 pools, a gymnasium, work-out rooms, and other facilities. This building is open for a fee to 18 both residents and non-residents of the City. People who live in the annexation area 19 currently pay a higher fee than people who live within the City limits, Upon annexation their 20 fee will be reduced to the City resident level. 21 24. The City and the other service providers for the Annexation Area have planned and 22 developed a timely, orderly, and efficient arrangement of public facility and services. 23 25. The Lincoln City Comprehensive Plan's Urbanization goal is "To promote an orderly and 24 efficient transition of land uses from rural to urban." 25 26. The Annexation Area is within the urban growth boundary (UGB) of the City of Lincoln 26 City and has been since the UGB was first established in 1978. 27 27. The Annexation Area, consisting of approximately 246 acres and approximately 906 tax 28 lots, is fully urbanized. Approximately 155 lots totaling approximately 39 acres is 29 available for in-fill development. The Annexation Area has no large areas of 30 undeveloped property. 31 28. One of the policies under the Urbanization goal says, "Annexation of sites within the UGB 32 shall be reviewed by the Planning Commission and shall be in accordance with relevant Exhibit G to Ordinance 2012-10 — Land Use Findings Page 4 1 Oregon statutes." The Planning Commission conducted two public hearings in compliance 2 with this policy and unanimously recommended approval of the annexation. 3 29. Findings elsewhere in this ordinance demonstrate compliance with the relevant Oregon 4 statutes. 5 30. OAR 660-014-0070 requires that the annexation comply with all appropriate statewide 6 planning goals unless the acknowledged comprehensive plan controls the annexation. 7 8 Statewide Planning Goal 2 (Land Use Planning) 9 31. Under Statewide Planning Goal 2 (Land Use Planning), annexations must be coordinated 10 with other units of local government. A plan is "coordinated" when the valid needs of 11 the other units of local government have been considered and accommodated as much as 12 possible. 13 32. Lincoln City officials have communicated with Lincoln County officials on numerous 14 occasions regarding the proposed annexation. The Lincoln County Board of 15 Commissioners has raised no objections or concerns regarding the annexation. In Order 16 No. 5-12-155 (March 23, 2012), the Lincoln County Board of Commissioners consented 17 to the City's annexation of several properties owned in fee by Lincoln County. 18 Testimony in the record, primarily from the City manager, indicated that several informal 19 meetings and other communications with the districts were conducted over an 20 approximately 10 year period leading to this annexation. 21 33. On October 15, 16, and 19, 2012, the City mailed letters soliciting comments on the 22 proposed annexation from the Roads End Water District, Roads End Sanitary District, 23 North Lincoln Fire and Rescue District #1, North Lincoln County Health District, Lincoln 24 County School District, Oregon Coast Community College District, Devils Lake Water 25 Improvement District, Lincoln County Library District, Lincoln County, asking for 26 comments and concerns, whether the district approved or disapproved of the proposed 27 annexation, and whether the annexation will positively or negatively affect the districts' 28 missions. 29 34. The Lincoln County Library District Board responded on November 14, 2012 and took no 30 position on the annexation. The Lincoln County Library District Board stated that there 31 would be considerable impact from the annexation on the funding available for the libraries 32 in the district, including the Driftwood Public Library in Lincoln City. Upon annexation the Exhibit G to Ordinance 2012-10 — Land Use Findings Page 5 Annexation Area will be withdrawn from the Library District and the residents of that 2 area no longer will pay taxes to the Library District. Residents of the Annexation Area 3 will continue to receive library services from the City's library and will pay for library 4 services, including capital costs, through City property taxes. The Library District 5 reimburses the city for a portion of its operating costs, in part based on the number of non- 6 city residents who use the City library. There was evidence that the Library District may 7 have overstated the fiscal impact of the annexation on other libraries, but in the absence of 8 firm numbers it is difficult to discern exactly what the impacts will be. 9 35. The Devils Lake Water Improvement District responded on October 31, 2012 and took no 10 position on the annexation and raised no concerns. 11 36. The Roads End Sanitary District responded and objected to the annexation, saying the 12 annexation would result in dissolution of the Roads End Sanitary District and "seizure" 13 of the district's assets by the city, that there was insufficient evidence of valid consents to 14 the annexation, that the City had not cooperated with the Roads End Sanitary District as 15 required by statewide planning goal. 16 37. The mission of the Roads End Sanitary District is to ensure the safe removal and 17 handling of waste water in the Roads End community. The Sanitary District owns the 18 sewer lines in the Annexation Area but Lincoln City maintains and operates the lines, and 19 treats and disposes of all the waste. Upon annexation the City of Lincoln City will 20 continue to maintain and operate the sewer lines. All evidence presented on the subject 21 indicated that the City of Lincoln City is and will continue to safely handle the waste 22 water in the Annexation Area. This indicates that the valid needs of the district will be 23 met. The division and transfer of assets subsequent to an annexation shall be carried out 24 as provided in ORS 222.560. 25 38. The Roads End Sanitary District and the City of Lincoln City both are public bodies and 26 the assets of the Roads End Sanitary District would continue to be publicly owned after 27 annexation. After annexation there will be no need for the Roads End Sanitary District 28 and it will have no needs that will not be met by the City. 29 39. The Roads End Water District responded and objected to the annexation but raised no 30 explicit concerns beyond annexation procedure. 31 40. LCMC §17.12.050 says, "Areas annexed to the City will be classified with the underlying 32 county zoning designation until rezoned by the City." At the same time, Lincoln County Exhibit 0 to Ordinance 2012-10 —Land Use Findings Page 6 1 has a comprehensive plan urbanization policy that conflicts with this, saying, "Within 2 urban growth boundaries and outside of City limits, the Lincoln County land use 3 designations shall apply prior to annexations. After annexations, the City land use 4 designations shall apply." Upon annexation, the conflicting county policy will not be 5 applicable since the annexation area will no longer be subject to the county's jurisdiction. 6 41. Except as pointed out in the above finding, Lincoln City has not found any conflict with 7 any Lincoln County Comprehensive Plan goal or policy, and neither the county nor 8 anyone providing testimony has pointed out any conflict with any Lincoln County 9 Comprehensive Plan goal or policy. 10 11 Statewide Planning Goal 11 (Public Facilities and Services). 12 42. Statewide Planning Goal 11 is "To plan and develop a timely, orderly and efficient 13 arrangement of public facilities and services to serve as a framework for urban and rural 14 development". 15 43. The Annexation Area, consisting of approximately 246 acres and approximately 906 tax 16 lots, is filly urbanized. Approximately 155 lots totaling approximately 39 acres is 17 available for in-fill development. The Annexation Area has no large areas of 18 undeveloped property. 19 44. The Annexation Area receives police protection from the Lincoln County Sheriff's 20 Office, with back-up from the City police department, which responds to calls in Roads 21 End when a timely police response is important. The Lincoln City Police Department is 22 prepared to provide improved police services to the residents of Roads End immediately 23 after annexation. With minor budget adjustments for personnel and equipment, the City 24 can maintain consistent levels of service for the entire City and Roads End. 25 45. The North Lincoln Fire and Rescue District #1 provides fire service to the Annexation 26 Area. This will not change after annexation. 27 46. Pacific West Ambulance provides ambulance service to the Annexation Area. This will 28 not change after annexation. 29 47. The Annexation Area currently receives sewer service from the Roads End Sanitary 30 District. A small portion of the Annexation Area is not served by sewer and homes there 31 are on septic systems. The City and the Roads End Sanitary District operate under an 32 intergovernmental agreement dated December 19, 1978. The Sanitary District owns the Exhibit ti to ordinance 2012-10 — Land Use Findings t'age , 1 sewer lines in the Annexation Area and Lincoln City maintains and operates the lines, 2 and treats and disposes of all the waste. Upon annexation the Annexation Area will be 3 withdrawn from the Roads End Sanitary District and the City of Lincoln City will 4 maintain and operate the sewer lines. 5 48. The City provides water service to the Annexation Area as a special service to individual 6 properties in the Roads End area. In 2001, the present Roads End Water District was 7 established. It does not own a water distribution or treatment system or provide water and 8 does not have a water source. In conjunction with annexation, the Annexation Area will be 9 withdrawn from the Roads End Water District and the City will provide water as a municipal 10 utility service to the annexed properties. Some properties located within the Roads End Water 11 District will not be annexed and the City will continue to provide them with water as a 12 special service for one connection for each existing lot per LCMC § 13.12.050(B). 13 49. There is no storm drainage program in the Annexation Area and Lincoln County has not 14 applied storm drainage standards to building permits. Storm drainage facilities are 15 intermittent and ultimately drain to the beach via culverts under Logan Road. Upon 16 annexation storm drainage will be the responsibility of the Lincoln City Public Works 17 Department, which will require all future development in the Annexation Area to conform to 18 Lincoln City storm drainage standards. The City will correct storm drainage problems, as 19 funds are available. 20 50. Lincoln County maintains Logan Road, which is classified as a collector. All other streets in 21 the Annexation Area are local streets. Because the local streets do not meet county standards, 22 the county has not accepted them and does not maintain them. Upon annexation the City 23 plans to work out an agreement with Lincoln County regarding maintaining and repairing 24 Logan Road. The City plans to maintain and repair the local streets. 25 51. Roads End has two parks: Roads End State Wayside owned and operated by the Oregon 26 Department of Parks and Recreation (ODPR), and a small Lincoln County park on Logan 27 Road near NW 73rd Street. Annexation will not affect the state wayside and the ODPR will 28 continue to operate it. 29 52. Zoning and subdivision matters in the Annexation Area presently are handled and 30 administered from Newport by the Lincoln County Department of Planning and 31 Development under the acknowledged Lincoln County comprehensive plan and 32 implementing ordinances. Upon annexation these functions will be the responsibility of the 33 Lincoln City Department of Planning &Community Development, which will apply the Exhibit ci to Ordinance 21.112.-1U — Land Use Findings Page 8 1 relevant Lincoln County ordinances and procedures, until the City adopts other standards. 2 The Lincoln City Department of Planning & Community Development expects to carry out 3 these functions with its current staff with no adverse effects on its service levels city-wide. 4 City systems development charges will apply to new development in the annexed area. 5 Building inspection services will extend to Roads End following annexation. The city will 6 issue permits for all construction, except for plumbing and electrical, which Lincoln County 7 issues and inspects for all Lincoln County. 8 53. North Lincoln Sanitary Services currently provides recycling and garbage collection to both 9 Lincoln City and Roads End. Service will continue after annexation and may result in a small 10 cost savings for Roads End residents. 11 54. Currently health services in the Annexation Area are the responsibility of the Lincoln County 12 Health Department. This will not change upon annexation. Additionally, the Annexation 13 Area is within the North Lincoln County Health District. This will not change upon 14 annexation. 15 55. Residents of the Annexation Area currently have access to recreation facilities provided by 16 the federal government (i.e. the trails and lands within the U.S. Forest Service lands to the 17 north), the state government (including the Roads End State Wayside), and the Lincoln 18 County government (including the beach access in the vicinity of NE 73 11 Street). In addition 19 residents have access to the Lincoln City recreational facilities including the Community 20 Center, Kirtsis Park, and the City's network of open space and trails and other facilities. 21 Upon annexation all will continue to be available. 22 56. The Annexation Area is within the Lincoln County School District, which consists of all of 23 Lincoln County and provides K-12 school services to the area. This will not change after 24 annexation. The Annexation Area also is part of the Linn-Benton Lincoln Education 25 Service District which provides educational support programs and services to 12 26 constituent school districts, 91 schools and approximately 34,000 students in Linn, 27 Benton and Lincoln counties. This will not change after annexation. 28 57. The Annexation Area is within the Oregon Coast Community College District. This will 29 not change after annexation. 30 58. The Annexation Area is within the Lincoln County Library District (Library District), which 31 consists of the entire area of Lincoln County other than the cities of Lincoln City, Newport, 32 Toledo and Yachats. The local library for residents of and visitors to the Annexation Area is Exhibit G to Ordinance 2012-10 Land Use Findings Page 9 ♦ 4 • 1 Lincoln City's Driftwood Public Library. The Library District reimburses the city for a 2 portion of its operating costs, in part based on the number of non-city residents who use the 3 City library. Residents of the area proposed for annexation do not contribute to the capital 4 costs of the library they use. Upon annexation the Annexation Area will be withdrawn 5 from the Library District and the residents of that area no longer will pay taxes to the 6 Library District. Residents of the Annexation Area will continue to receive library 7 services from the City's library and will pay for library services, including capital costs, 8 through City property taxes. 9 59. Energy and communications services, including electricity, natural gas, telephone, cable 10 television, and internet services in the Annexation Area currently are provided by private 11 entities. These services will continue to be provided when the Annexation Area is included 12 in the City. 13 60. General government services in the Annexation Area are provided by Lincoln County 14 through its offices at the county seat in Newport, 30 miles south of the Annexation Area. 15 Upon annexation most of these services, including, in particular, issuance of permits and 16 code enforcement, will come from Lincoln City. Lincoln City has sufficient resources to 17 accommodate the Roads End annexation at the same level of service that now exists in 18 the City. 19 20 Statewide Planning Goal 12 (Transportation) 21 22 61 Residents in the annexation territory are served by an interconnected street system that 23 transports them from their homes to nearby places of employment, shopping, schools, 24 and parks. Goal 12 planning for the Lincoln City Comprehensive Plan includes the 25 Annexation Area. Lincoln City's 2005 Transportation Master Plan (TMP), a 26 comprehensive analysis of transportation needs for build-out of the Lincoln City urban 27 growth area, includes all lands within the Lincoln City UGB. It factors in the 28 transportation needs of the Annexation Area, but does not identify any specific projects 29 for Roads End in its strategy for prioritizing and funding key system improvements 30 needed by 2025. After annexation, the city plans to work out an agreement with Lincoln 31 County regarding maintaining and repairing Logan Road. The city plans to maintain the Exhibit G to Ordinance 2012-10 — Land Use Findings Page 10 1 local streets in Roads End. Extension of local streets will occur as needed in the course of 2 new development. 3 Statewide Planning Goal 14 (Urbanization). 4 62. Goal 14 is "To provide for an orderly and efficient transition from rural to urban land 5 use, to accommodate urban population and urban employment inside urban growth 6 boundaries, to ensure efficient use of land, and to provide for livable communities." 7 63. As demonstrated by findings 44 through 60, which are incorporated herein by reference, 8 adequate public facilities and services can reasonably be made available for the 9 Annexation Area and the Annexation Area is within the Lincoln City Urban Growth 10 Boundary, is already urbanized and developed for urban use and receiving urban-level 11 water and sewer services that will continue after annexation. Exhibit G to Ordinance 2012-10 — Land Use Findings Page 11 ti 1; U.S. POSTAGE >> PITNEY BOWES ZIP 97367 $ 002.30 0 02 1VV 0001375239DEC 14 2012 3 & COMMUNITY DEVELOPMENT LINCOLN CITY 50 CITY, OR 97367 ATTN: Plan Amendment Specialist Dept. of Land Conservation/Develop. 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540 iii .i.1 I „it .t 1 1 ..1 1,i .111 1.i. , M ill I II W I III III I