HomeMy WebLinkAbout1993-029 Annex Agrmt - Brodeur AGREEMENT TO ANNEX AND R~ELEASE OF CLAIMS
Agreement made this l~ day of~'lz~f,L~f~1993, between the City of Ashland
(City) and Brodeur and Brodeur, Inc., an Oregon corporation (Brodeur).
Recitals:
A. Brodeur is the owner of property described on the attached Exhibit A. This
property is improved with most, but not ail, of the motet units of the Ashland Knight's
Inn at 2359 Highway 66, Ashland, Oregon.
B. City and Brodeur recently discovered that the property lies just outside the City
boundary. For years the property has been taxed, transient occupancy taxes have
been collected and City services have been provided as if the property were within the
City.
C. City and Brodeur enter into this agreement to resolve the numerous problems
created by the property being outside the city boundary.
For the mutual considerations described below, City and Brodeur agree:
1. Release of claims:
1.1. Each party releases the other from any claims regarding:
1.1.1. Property taxes: The collection or receipt of property taxes
assessed against the property.
1.1.2. Sewer services: Increased rates due for the provision of sewer
services outside the City.
1.1.3. Water services: Increased rates due for the provision of sewer
services outside the City.
1.2. Transient occupancy tax: Brodeur releases and forever discharges the
City of Ashland, its officers, agents, employees, and representatives from any and all
claims, including claims for transient occupancy taxes collected and paid in the
amount of $54,923.53 or otherwise, arising in any manner from the location of certain
motel units at the Ashland Knight's Inn located outside the City of Ashland. Nothing in
this agreement, however, shall be interpreted as precluding the City from examining
books and records of Brodeur or otherwise enforcing the provisions of Ashland
Municipal Code Chapter 4.24 (Transient Occupancy Tax) for that portion of the
Ashland Knight's Inn within the city.
1.3. Disputed claim¢: It is further understood that this is a compromise of
disputed claims, and that the payment and considerations set forth below are not to
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be construed as an admission of liability on the part of any of the parties released by
this agreement, all of whom expressly deny liability.
2. Consideration by Brodeur - Consent to annexation: Brodeur declares and agrees
that the property described in Exhibit A 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 having any right, title or
interest in the property or any part, their heirs, successors and assigns:
2.1. Whenever a proposal to annex the property is initiated by the City of
Ashland or otherwise, Brodeur shall consent and does consent to the annexation of
the property to the City of Ashland. Brodeur agrees this consent to annexation is
irrevocable.
2.2. Upon annexation of the property to the City, Brodeur shall collect the
transient occupancy tax derived from the property as provided in Ashland Municipal
Code Chapter 4.24. Aisc, upon annexation Brodeur shall pay to City the sum of
$1,333.06 for transient occupancy taxes due for the quarter ending December 31,
1992, for that portion of the Knight's Inn Motel within the City. City hereby waives
any and all interest or penalties for the quarter ending December
2.3. Non conforming conditions on the property relating to the Ashland Land
Use Ordinance (Ashland Municipal Code Title 18) including the Sign Ordinance of the
City of Ashland (Ashland Municipal Code Chapter 18.96) shall not be required to be
brought into conformance with those ordinances at the time of annexation.
Subsequent development or activity on the property requiring approval, permit, site
review or other action under these ordinances shall be subject to the requirements of
these ordinances.
3. Consideration by City: City agrees to pay to Brodeur the sum of $21,930 · 06 as
consideration for this agreement. Such sum shall be due and payable upon the
annexation of the property to the City.
Brodeur and Brodeur, Inc.
City of Ashland
By:
Its:
31,
1992.
4. The City shall place the ordinance annexing the property on the
April 6, 1993 City Council agenda for the first reading, and on the
April 20, 1993 City Council agenda for the Second and final reading,
at which time the ordinance annexing the property shall be adooted.
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EXHIBIT 'A'
ANNEXATION DESCRIPTION
Commencing at the section corner common to Sections 11, 12.
13 and 14, Township 39 South, Range i East of the Willamette Base
and Meridian, Jackson County, Oregon;
THENCE North 89 degrees 08 minutes 28 seconds West (deed
record per Volume 566, Page 459 = North 89 degrees 09 minutes 09
seconds West, 2467.57 feet) (Record of Survey No. 2499 = North 89
degrees 09 minutes 09 seconds West, 2468.00 feet to a 3/4 inch
G.I. Pipe) for a distance of 2467.94 feet to a point that bears
South 00 degrees 11 minutes 32 seconds West (Document No. 66-08244
and Record of Survey No. 2499 = S~uth 00 degrees 10 minutes 30
seconds West, 246.97 feet) for a distance of 246.97 feet from a
found 5/8 inch iron rod situated at the Northwest corner of Tract
'D', as set forth in Document No. 66-08244 of the Official Records
of Jackson County, Oregon;
THENCE South 85 degrees 54 minutes 12 seconds West (deed
record per Volume 566, Page 459 and Survey Record No. 2499 = South
85 degrees 53 minutes 10 seconds West, 40.57 feet) for a distance
of 40.57 feet;
THENCE North 89 degrees 48 minutes 28 seconds West (deed
record per Volume 566, Page 459 and Record of Survey No. 2499 =
North 89 degrees 49 minutes 50 seconds West, 209.98 feet) for a
distance of 209.98 feet to the beginning of that Boundary Line by
Agreement as set forth in Volume 566, Page 459 of the Deed Records
of Jackson County, Oregon;
THENCE North 00 degrees 11 minutes 52 seconds East (deed
record per Volume 566, Page 459 and Record of Survey No. 2499
North 00 degrees 10 minutes 50 seconds East) along said Boundary
Line by Agreement for a distance of 200.00 feet to a 5/8 x 24 inch
iron rod with Aluminum Cap marked: City of Ashland LS 759,
situated 230.0 feet Northerly of, when measured normal therefrom,
the section line common to Sections 11 and 14, said Township and
Range, said iron rod being the TRUE POINT OF BEGINNING;
THENCE continuing North 00 degrees 11 minutes 32 seconds East
(deed record per Volume 566, Page 459 and Record of Survey No.
2499 = North 00 degrees 10 minutes 50 seconds East) along said
Boundary Line by Agreement for a distance of 50.00 feet to a
point, from which a previously found 5/8 inch iron rod set in the
execution of Recorded Survey No. 2499. bears South 89 degrees
minutes 28 seconds East (deed record per Volume 566. Page 459
South 89 degrees 49 minutes 30 seconds East. 50.00 feet) for a
distance of 50.03 feet:
THENCE South 89 degrees 48 minutes 2B seconds East
record South 89 degrees 49 minutes 30 seconds East ~= ~
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EXHIBIT
ANNEXATION
Page 2
DESCRIPTION
THENCE South ~ degrees i1 minutes 32 seconds West (deed
record per Document No. 66-08244 and Record of Survey No. 2499
South 0~ degrees i~ minutes 50 seconds West) for a distance of
49.595 feet to a 5/8 x 24 inch iron rod with Aluminium Cap marked:
City of Ashland LS 759, said iron rod being situated 23~o0 feet
Northerly of, when measured normal therefrom, the section line
common to Sections 11 and 14, said Township and Range;
THENCE North 89 degrees 53 minutes 55 seconds West, parallel
with and 258o~ feet Northerly of, when measured normal therefrom,
said section line, for a distance of 198.54 feet to a point which
bears North 05 degrees 58 minutes 07 seconds West for a distance
of 27.45 feet from a REFERENCE MONUMENT being a 5/8 x 24 inch iron
rod with Aluminum Cap marked: City of Ashland REF.o MON. LS 759;
THENCE North 89 degrees 54 minutes 07 seconds West parallel
with and 230.0 feet Northerly of, when measured normal therefrom,
said section line, for a distance of 51.90 feet to the point of
beginning. Containing 12471 square feet, more or less.
EXHIBIT 'A'
City of Ashland March 30, 1993
City Hall REGISTERED
Ashland, 0regon 97520 IP~OFE$S,ONAL' ref: C92T22.1eg
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