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Home My WebLink About2024-031 Deed Restriction - 618 Lakota St.•••� Council Business Meeting March 5, 2024 Approval of a Sewer Service Connection Use Outside of City Limits, 618 Agenda Item Lakota Way From Scott Fleury PE Public Works Director Contact Scott.fleury(o)ashland.or.us Requested by Council ❑ Update ElRequest for Direction 9 Item Type Presentation ❑ SUMMARY The Council is being asked to approve a sewer service connection for the property located at 618 Lakota Way. The property is outside city limits the Urban Growth Boundary (UGB) but within 300' of an existing sanitary sewer main. The owners are currently working through the Jackson County Development services process to build a single family residence onsite. There is no septic system on the premise and per OAR 340 Division 71, the Department of Environmental Quality will not issue a permit for a repair or new system if the property is within 300 feet of a sewer mainline and service can be provide by the local municipality. The owners of the property are formally requesting approval of a new service connection. Ashland Municipal Code (AMC) Section 14.08.031 lists the conditions and requirements for sewer service connections of properties located outside the City limits and the UGB. The current request for connection currently meets or will meet all conditions of the code for connection to the City sewer system. POLICIES. PLANS & GOALS SUPPORTED Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION The Council has previously approved sanitary sewer service connections outside City limits and outside of the UGB. Page 1 of 4 Irr •�'•:� Council Business Meeting BACKGROUND AND ADDITIONAL INFORMATION Public Works staff was contacted by the property owner at 618 Lakota Way who is currently working through the Land Development process with Jackson County for construction of a single family residence, regarding a sanitary sewer connection. The property owner was informed by the Department of Environmental Quality (DEQ), who regulates septic systems that DEQ couldn't not issue a septic permit for the property because of OAR 340-071-0160 (4)(i). (4) Permit denial. The agent must deny a permit if any of the following occurs: (i) For a single family dwelling or other establishment with a maximum projected daily sewage flow not exceeding 899 gallons, the nearest sewerage connection point from the property to be served is within 300 feet. Public Works informed the property owner of a path forward for connection to the City's sewer main following Ashland Municipal Code (AMC) 14.08.031, which establishes the process for a sewer service connection outside of the City Limits and Urban Growth Boundary. The property owner has or will complete all requirements and upon Council approval will record the required documents and pay the appropriate fees. The conditions which must be satisfied include: Ashland Municipal Code 14.08.031: A. Premises located outside the urban growth boundary may be connected to the Ashland sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: a. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. This condition will be satisfied upon approval. b. The connection is for the use and benefit of dwellings and buildings completed and existing on July 1,1973. This condition is superseded by the OAR in place. c. An Ashland sewer main or line exists within 100 feet of the premises. No main or lines will be extended to serve properties outside of the Ashland Urban Growth Boundary. A sanitary sewer main is located at the termination of Lakota Way and direction adjacent to the proposed tax lot to be served with a new sewer lateral. Page 2 of 4 •'�:•� Council Business Meeting d. The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan support documents, rules or regulations. Reference OAR 340-071-0160 (4)(i). e. The property owner shall execute a deed restriction on the property that states that no further buildings or additions to existing buildings shall be connected to the sewer service. Reference attachment #1, property owner will sign and record the contract after approval by Council. f. The property owner shall execute a contract with the City of Ashland which provides for payment of all charges connected with the provision of sewer service to the property; compliance with all ordinances of the City related to sewer service and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. Reference attachment #1, property owner will sign and record the contract after approval by Council. FISCAL IMPACTS The only resource is staff time expended to bring forth the request to the City Council. The property owner will be required to pay the recording fees associated with the contract, pay the appropriate system development charge (SDC) and the monthly sewer bill charges. Per Resolution 2019-11; sewer rates outside City limits shall be two times the sewer charge for inside City limits. The quantity charge for unmetered accounts will be calculated on an overage winter time usage of 700 cubic feet per month. The SDC fee for residential is calculated on a square foot basis for livable space ($2.0787/square foot). The final SDC fee will be calculated based on the final Jackson County Development approved residential square footage for the property. STAFF RECOMMENDATION Staff recommends approval of the sewer service water service connection for 618 Lakota Way as the property owner has or will meet all conditions specified in AMC 14.08.031. ACTIONS, OPTIONS & POTENTIAL MOTIONS Page 3 of 4 �r qFMAS Council Business Meeting Move to approve a sanitary sewer service connection for 618 Lakota Way and authorize the City Manager to sign the final legal approved service contract. REFERENCES & ATTACHMENTS Attachment #1: Sanitary Sewer Service Agreement Page 4 of 4 ,7r RECORDING COVER PAGE PLEASE FILL OUT PER ORS205.234 COMPLETE AND LEGIBLE THIS COVER PAGE HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. ANY ERRORS IN THIS COVER PAGE DO NOT AFFECTTHE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. AFTER RECORDING RETURNTO: NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVETHE INSTRUMENT AFTER RECORDING AS REQUIRED BY ORS205.180(4) AND OR5205.238. 77 11 _ Jackson County Official Records 2024-007632 R-DR Cnt=1 MORGANSS 04/19/202410:56:04 AM $1500$10.00$1300$13.00$11.00 Total:$126.00 $60.00 $4.00 02074507202400076320030030 I. Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument Identified herein was recorded in the Clerk records. Christine Walker -County Clerk 1. NAME OF THE TRANSACTION (S ), DESCRIBED IN THE ATTACHED INSTRUMENT(S) AND REQUIRED BY ORS 205.234(A). NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited to, any transfer encumbrance or release affecting title to or an interest in real property". 2. Grantor/Direct (s) as described in ORS205.160. 3. Grantee/Indirect (s) as described in ORS205.160. 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any real estate and all memoranda of such instruments, reference ORS 93.030. 5. UNTIL A CHANGE 15 REQUESTED, All Tax Statements shall be sent to the following name and address: for instruments conveying or contracting to convey fee title to any real estate reference ORS 93.260 6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f). FULL PARTIAL 7. LIEN DOCUMENTS: ORS 205.234 (1) (f). Amount of Lien $ Effective 09/07/2012 CITY OF ASHLAND RESTRICTIVE COVENANT The undersigned for themselves, their heirs, assigns, executors, and administrators covenant with the City of Ashland, Oregon, with respect to the land as described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof, that they will not partition, subdivide, nor apply for a partition or subdivision, until such time as the property described in Exhibit "A" is annexed to the City of Ashland. Upon annexation of the land described in Exhibit "A" to the City of Ashland, this Restrictive Covenant shall automatically terminate. The undersigned warrant and represent to the City of Ashland that they are the owners or contract purchasers of land situated in County of Jackson, State of Oregon and as described in Exhibit "A", as set forth herein above. The covenant contained herein shall run with the land as described in the attached Exhibit "A" and shall also inure to the benefit of the City of Ashland, Oregon. The consideration for this covenant is the furnishing of sewer services to the land set forth in Exhibit "A" while it is outside the City of Ashland, by the City of Ashland Oregon. Dated this f day of , 2024. Signature: State ofvit / ") ) ss. County of Z �:9� o ) San /11blCo Personally appeared the above named u nand acknowledged the foregoing instrument to be his voluntary act and deed. - - - - - - - - - - zi/�/ / Notary Public for 6 /; r�i a *my HAMEDJIRSA�2aEl My Commission expi ��'�Zpk( Notary Public • California San Mateo County Commission ; 2318145 Comm. Explre5 Oct 11. 2025 G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\618 Lak0t2\618 Lakota Draft Restrictive Covenant.doc Exhibit A Property is defined from the Accessor Map, 39-1 E-05131D, Tax lot #2302 and a lawfully created parcel as a result of P-94-1992 recorded by County Survey #13154. MINOR LAND PARTSTION """""• PARTITION PLAT NO.-9�-r99� :w:.s'e<)a..�. _,•Z'�','.:'��..'�"< ] oc• <. o J n •�r:.�� y'�r-w.ay. �...lai'I.� rew aw.t.r oY a.ct )nn a '��-.mil ro.rn•n )o as Sou tn, li•np• . s:••c, r.,T, rr �•�. r+wlw r<'« •n.,�S/ «•QN.y� .<N CITY O/ A9NLANtJ, JA CKSON GOUN IY. OALrOON `I'x� Rob.rc V, snC O.O dn•rJa•n 6t.••rt • �J•r A•M )•na. 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H J.. 4N'f"r wf . rwo►Wiou,� . a • )`��✓•<• re. .Jwr •�- t l - � • .wu►_at"'. rrw. -r w~Y�w• �l<.a.r r<. ww ti++i+iY�r~ .•wr w .w. a• J• !• fa 1NC � �' e • Y<.paal<i<'.r..w.riHiiiw! i'ir�r�e)wr•r.w.r aJ r..) 13154 G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\618 Lakota\618 Lakota draft Irrevocable Consent to Annexation.doc 3 RECORDING COVER PAGE PLEASE FILL OUT Jackson County Official Records 2024-007633 R-CO PER ORS205.234 COMPLETE AND LEGIBLE Cnt=1 MORGANSS 04119/202410:56:04 AM $15.00$10.00$13.00$13.00$11.00 Total:$126.00 THIS COVER PAGE HAS BEEN PREPARED BY THE PERSON $60 00 $4.00 PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. ANY ERRORS IN THIS COVER PAGE DO NOT AFFECTTHE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. 02074508202400076330030, AFTER RECORDING RETURN TO' I. Christine Walker, County Clerk for Jackson County, Oregon, certify NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVETHE that the Instrument identified herein was recorded in the Clerk INSTRUMENT AFTER RECORDING AS REQUIRED BY oRs205.180(4) records. Christine Walker - Coup b Clerk AND ORS205.238. e-1 ) . A 1: G�rY _ G� 9 y0475 1. NAME OF THE TRANSACTION (S ), DESCRIBED IN THE ATTACHED INSTRUMENT(S) AND REQUIRED BY ORS 205.234(A). NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited to, any transfer encumbrance or release affecting title to or an interest in real property'. —T �I?f?E�c�L�� LD��q— `tom /�►�'�'�c�`t7CJ� 2. Grantor/Direct (s) as described in ORS205.160. j� tC-L i±�- �" ebins') 3. Grantee/Indirect (s) as described in RS 205.160. As�-C 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any real estate and all memoranda of such instruments, reference ORS 93.030. 5. UNTIL A CHANGE IS REQUESTED, All Tax Statements shall be sent to the following name and address: for instruments conveying or contracting to convey fee title to any real estate reference ORS 93.260 Wl C,I+A V-12 U, -U 6 IM AJ /0 7-6 l 7 f-vz- KL--4 oo-if> 6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f). FULL PARTIAL 7. LIEN DOCUMENTS: ORS 205.234 (1) (f). Amount of Lien $ Effective 09/07/2012 CITY OF ASHLAND IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this 5 day of & t , 2024. Signature: State of Qw-g 4g ) Saw /! 14*) ss: County of Jacks) Personally appeared the above named q& instrument to be his voluntary act and deed. HAMM JIRSARAEI o " �a Notary Public - California Notary Public for 1 �• -- '- San Mateo County y Commission # 2378148 My Commission e� My Comm. Expires Oct 11, 1015 and acknowledged the foregoing G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\618 Lakota\618 Lakota draft Irrevocable Consent to Annexation.doc a Exhibit A Property is defined from the Accessor Map, 39-1 E-05BD, Tax lot #2302 and a lawfully created parcel as a result of P-94-1992 recorded by County Survey #13154. 13154 MINOR LANO PARTITION PARTITION PLAT No. Rod--I99t IOC.D.. sn N..•th M..t ow....• TOYn.n 3O 90 A..— A-9. r a..t. M.M. CITY OP AS-0, JACM90N COt ry, OAYOON P., ftVbwPt V. and P-auldna M. Sullivan saw an..-, o.n st.-..t A.n2.n0. 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