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HomeMy WebLinkAbout3272 Grand Terrace Annexation - Planning Annexation #PA-T3-2024-00011 ORDINANCE NO. 3272 AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO. 5. AND ALSO REPEALING ORDINANCES 3215 AND 3194 WHICH WERE THE PREVIOUS ANNEXATION APPROVALS IN CASITA I AND CASITA 2. (GRAND TERRACE ANNEXATION-PLANNING ACTION#PA-T3-2024-00011) WHEREAS, the owners of the property described in the attached Exhibits "A" & "B"have consented to the annexation of this property into the City of Ashland. With the exception of the subject property there are no electors residing in the tract to be annexed; and WHEREAS,the City Council has twice approved similar annexations which were appealed to the Land Use Board of Appeals (LUBA) and that those Ordinances approving the annexation were never repealed. These approvals are referred to by LUBA as Casita I(reversed) and Casita II(remanded and withdrawn); and WHEREAS, AMC 18.5.8.060 provides that"When an annexation is initiated by an applicant other than the City, the Staff Advisor may include other land in the proposed annexation in order to make a boundary extension more logical, to address the effective extension of public facilities, or to avoid an area of land which is not incorporated but is partially or wholly surrounded by the City. The StaffAdvisor, in a report to the Planning Commission and City Council, shall justify the inclusion of any land other than the land for which the annexation isfiled."; and WHEREAS, the Staff Advisor has included both the adjacent railroad property and the adjacent Oregon Department of Transportation(ODOT) state highway right-of-way for Highway 99N in the requested annexation as illustrated in the attached Exhibit"A"to provide a more logical boundary extension and address the effective extension of public facilities, noting that if the railroad property were to remain outside the city limits it would effectively prevent annexation of all of the property within the Urban Growth Boundary (UGB)to the north of the current city limits because the railroad completely separates the current city limits from the UGB, and that inclusion of the ODOT state highway right-of-way is necessary so that the extension of city facilities to the subject properties can occur within the city limits as required by state law. WHEREAS, the Planning Commission, following proper public notice,held a public hearing on May 13, 2025, on the questions of annexation and outline plan approval for a Performance Standard Option (PSO) Subdivision. The Planning Commission reconvened on July 22, 2025, and adopted findings addressing each of the approval criteria; and WHEREAS, pursuant to ORS 222.120 and ORS 222.524 the City Council, following proper public notice, held a public hearing on November 4, 2025, on the questions of annexation and withdrawal of the property from Jackson County Fire District No. 5. The City Council, following ORDINANCE NO. 3272 Page 1 of 2 the close of the public hearing, voted to approve the annexation and adopted the Planning Commission Findings as their own; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are fully incorporated herein by this reference. SECTION 2. The land shown in the attached Map of Survey as Exhibit"A" and whose legal description is attached as Exhibit"B" is declared to be annexed to the City of Ashland. SECTION 3. The land shown in the attached Map of Survey as Exhibit"A" and whose legal description is attached as Exhibit"B" is declared to be withdrawn from Jackson County Fire District No 5,pursuant to the provisions of ORS 222.111. SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction,the remainder of this ordinance shall remain in full force and effect. The foregoing ordinance was first ready by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2025, and duly PASSED and ADOPTED this day of 2025. PASSED by the City Council this day of 2025. ATTEST: Alissa K8Q;ii�W�,,Oty-Rec&"der -kk SIGNED and APPROVED this day of 2025. J 1/) Tony_a Grah'Wm, Mayor Reviewed as to form:, 0 ietila, City Attorney ORDINANCE NO. 3272 Page 2 of 2 le 0) a o .41 x C14 tIj W o Fi'M mo* I 6 ;i d Z Ld cr 14 zu 1�14 41 OUR CL 8v/ g kill I I ———— - —— Id g i 'I 14 14 q a I- ANO URVEYIP40, LI- C EXHIBIT"B" LEGAL DESCRIPTION-LINDA ZARB ANNEXATION TRACT CITY OF ASHLAND NORTH MAIN STREET ANNEXATION ASSESSOR'S MAP NO,381E 32,TAX LOTS 1700&1702 A portion those tracts of land described within Instrument No.2013-035734 of the Official Records in Jackson County,Oregon,lying situate within the Southeast Quarter of Section 31 and the Southwest Quarter of Section 32 in Township 38 South,Range 1 East,and the Northwest Quarter of Section 5 in Township 39 South,Range 1 East of the Willamette Meridian in Jackson County,Oregon,being more particularly described and bounded as follows,to wit Commencing at the Southeast comer of Donation Land Claim No.48 in Township 38 South,Range 1 East of the Willamette Meridian,Jackson County,Oregon; thence South 46°2746"West,83496 feet[Deed Record South 46°28'51"West,835.06 feet]to a 1/2 inch iron pipe at the TRITE POINT OF BEGINNING; thence North 41°3525"East,89.23 feet to a 112 inch iron pipe situated on the southwesterly line of relocated North Pacific Highway No.99; thence along said southwesterly line the following survey courses: North 47°03'14" East 74.00 feet to a point on the centerline of North Pacific Highway No.99 being 26.00 feet at right angles to said described centerline of said Highway 99; thence 204.53 feet along the arc of a 3792.63 radius curve to the left,having a delta angle of 03105'23"(Chord bearing North 44°29'28"West,204.51 feet; thence South 43157'51'West,64.00 feet to the southwesterly line of said Highway; thence 230.76 feet along the arc of a 03°32'44"foot radius curve to the left,having a delta angle of 03°32'44"(Chord bearing South 47°48'32" West,230.70 feet)to OSHD Sta 28+30.5,90.00left; thence North 40°36'44"East,along Sta 28+30.5',170.00 feet to intersect the northeasterly line of Highway 99 of Highway 99; thence along said northeasterly line the following survey courses:1255.22 feet along the arc of a 3898.62 foot radius curve to the right,having a central angle of 01°28'11"(long chord bears South 40°20'58"East,1249.81 feet);thence North 58°52'27"East,20.00; thence 142.06 feet along the arc of a 3918.63 foot radius curve to the right,having a central angle of 02°04'38" (long chord bearing South 30'05'14"East 142.06 feet)to a 518 iron pin;thence South 29111'06"East,412.62 feet to a 5/8 inch iron pin on the northeasterly line of Central Oregon&Pacific Railroad;thence along said northeasterly line,84.71 feet along the arc of a 3538.16 foot radius curve to the right,having a central angle of 01°22'18"(long chord bearing South 55°52'05"East,84.71 feet)to a point on the centerline of Jackson Road; thence South 27°07'52"West along an extension of the centerline of Jackson Road,a distance of 212.85 feet to a point on the southwesterly line of relocated Pacific Highway No.99;thence along said southwesterly line 157.67 feet along the arc of a 1482.16 foot radius curve to the right,having a central angle of 06°05'43"(long chord bearing North 32°05'13"West,157.60 feet);thence North 29°02'55"West 54.29 feet to a point on the southerly line of Central Oregon&Pacific Railroad;thence 208.19 feet along the arc of a 3408.16 foot radius curve to the right,having a central angle of 03°30'00"(long chord bearing North 56°35'49"West,208.16 feet); thence North 58°20'49"West,82.99 feet thence South 31°39'11"West 10.00 feet;thence North 58°20'49" West 54.07 feet;thence North 58°23'02"West 916.01 feet;thence 266.38 foot along the arc of a 6915.55 foot curve to the right having a central angle of 02°12'25"(long chord bearing North 57°16'51"West 266.36 feet); thence North 56°10'39" West, 140.20 feet; thence North 33°49'21" East, 60,00 feet to a point on the northeasterly line of said right of way;thence North 32°47'51"East,163.34 feet;thence 83.60 feet along the arc of a 200.00 foot radius curve to the left,having a central angle of 23°38'52"(long chord bears North 20°49'22"East,82.99 feet);thence North 8°50'54"East,9.67 feet;thence 62.68 feet along the curve of a 105.00 foot radius curve to the right,having a central angle of 34°12'10"(long chord bearing North 25°56'59"East, 61.75 feet);thence South 64°23'16"East,268.86 feet;thence North 41°43'34"East,42.81 feet to a 112 inch iron pipe;thence South 45°19'25"East,149.94 feet to a 1l2 inch iron pipe;thence South 43°21'12"East,50.02 feet to THE POINT OF BEGINNING. Containing 19.46 acres,more or less. Prepared by: Shawn Kampmann 5 �_ Professional Land Surveyor Polaris Land Surveying LLC i P.O.Box 459 S13Ak" _ Ashland,Oregon 97520 RENEWAL DATE:6l30t27 Date:January 15,2025 s:\surveys\855-14\Casita Developments LLC-CoA Annexation Legal.dorx P. 0. box 459. Ashland, 0,eg- 97520 Phone: (541) 452-5009 fax: (541) 488-0797 .Mobile; (541) 001.3000 www.poia rl��orvay.cnm