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HomeMy WebLinkAbout1984-035 Annexation - Robih84.-18003 APPLICATION AND CONSENT TO ANNEXATION For the purpose of applying to the City of Ashland to have our land annexed to that City, we represent that we are the legal owners of record, or the contract purchasers pursuant to a recorded contract, of the following described land located in Jackson County, Oregon: P.e~innlnh at a ~oi. nt on the East line of the West half of the Southwest quarter of Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Ore,on, which noint bears 29.85 chains North of the South- east corner thereof; thence North, alon~ the East line thereof, 630.48 feet, to th~ Southerl.v line of East Main Road; thence alon~ said road, North 83 ~5' West, 13~.82 feet; thence South, ~arallel with the East line of the West half of the Southwest quarter of said section, 645.]! feet, to the South line of land described in Volume 348, Page 345, Jackson County, Ore,on, Deed Records; thence South 89 5~' East, alon~ said llne, 138.0 feet, to the ~oint of beginning. We hereby request and consent to the annexation of the above-described land to the City of Ashland; and, in exchange for the scheduling of a public hearing and in consideration of this request to the City of Ashland, we agree that this consent to annexation shall be binding uoon our heirs and assigns. :SS. COUNTY OF ~ ) SIGNATURE: ,, PRINTED NAME~ SIGNATURE:- PRINTED NAME :' BE IT REMEMBERED that on this ~_~_day of(~/~/ , 1984, before me the undersigned, a Notary Pl~lic in ~----~r sai~ County D~d State, person- ally appear the within named//~'M~. and , who are'know~ to me t'o be the identicaZl indzviduals described in and {$~6 executed the within instrument, having acknowledged to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF I have hereunto set my hand and seal the day and year last above written. z~ OFFICIAL SEAL' ~ NOTARY PUBLIC- CALIFOmNIA~ SAN MATEO COUNTY ~ My Commission Expires Aug, 5, 1987 Notary P~blid for~ '~>~j; '- My commission expires: ~/'~g 84.-18003 CONSEN]' TO AX:;t!XATIOX ANI/ AGREEI~IIENT 1/We represent that we are the owners of record of the following described real property located in the County of Jackson, State of Oregon, and which is described as follows: Be~inn!n~ at a point on the East llne Of the West half of the South- w~t quarter of Section 11, Townshlo 39 South, Range 1 East, W!~!am- ette Merld~an, Jackson County, Ore,on, which ~oint bears 29.85 chains North of the Southeast corner thereof; thence North, along th~ East line thereof, 630.~8 feet, to the'So~therl~ line of E.~ast Main Road; thence aion~ sa~d road, North ~ ~5' West, 1~8.82 feet; thence Sout~, Daral~el with the East l~ne ~f the West half of the Southwest quarter of said section, 6~5.5~ feet, to the Sot~th 12ne of !and described in Volume 3~8, Pa~e 3~5, Jackson County, Oregon, Deed Records; thence South 89 53' East, along said 12ne, 138.0 feet, to the point of beginning. As the owners of said land and in exchange for the presently existing dwelling or building being connected to the sewer system of the City of Ashland, I/we do consent and request that said land be annexed to the City of Ashland and agree to be bound by the provisions of the Ashland Municipal Code, Chapter 14.08, relative to sewer charges and sewer connections and specifically including provisions of Sections 14.08.030 through 14.08.050 of said Code which reads as follows: "14.08.030 Connection--Outside City. Premises located outside of the City of Ashland may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interests of the City of Ashland and to not be detrimental to the City's sewage facilities and such connection shall be on such terms as are set forth herein, or as may be modified or added to by the Ashland City Council. A. Pay the connection fee as set forth in Section 14.08.025 hereof plus the sum of $1840.00 , which latter sum is in part to compensate the City for the cost of the existing sewer system and which shall be placed in the capital improvement account for use in sewer system improvements for the City; B. Be for the use and benefit of dwellings and buildings completed and existing on July 1, 1973. In the event dwellings or buildings are connected in accord with this section and are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system wiil not be substantially increased in the opinion of the Director of Public ~orks; C. There is a presently existing sewer main or line to which the premises can be connected in accord with the monthly rate schedules on file in the office of the City. Recorder; D. Furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and be bJnding on future owners of the land. Said consent shall also provide for payment to the City at the time of annex- 84--15003 atic~:~ ti~e charge then in ef£ect for each square foot of land which is ~c: co~i~r~at~ ~e City ~n part for ti~e cost of existing capital improvements. Further, it shall provide for the payment to the City by the owners at the time of annexation of an amount equal to the current assessment for liabil- ities and indebtedness previously contracted by a public service district, such as Yalent Rural Fire District, multiplied by the number of years re- maining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 at no present or future expense to the City. (Ord. 1820, 1974). Section 14.08.035 Sewer User Charges - Inside City. The monthly sewer service charge for the following uses shall be as set forth herein. A. Single Family Residential Uses. The sewer user charge for single family dwellings shall be per month per unit. B. Multiple Family Residential Uses. 1. The sewer user charge for multiple family dwelling uses shall be per month per unit. Included in this category are all accounts established for permanent or semi-permanent housing for more than one family unit. This includes apartments, married student housing, mobile home parks and trailer courts. 2. Institutional. ]'he charge for those residences pro- viding for communal sleeping arrangements such as dormitories, fraternities, sororities, and boarding houses shall be set forth below. 5. Condominiums. The sewer user charge for condominiums (including planned unit developments) shall be per month per unit. This includes units initially constructed for i~dividual ownership, or conversions from existing multiple family uses to individual ownerships. C. Commercial and Institutional Uses. 1. The sewer user charge for commercial and institutional uses shall be per month per business or facility; plus per 100 cubic feet ~>f the current month's water consumption in excess of 1000 cubic feet. 2. Notwithstanding the above, for accounts where more than a fifty percent discrepancy can be demonstrated between the amount of water consumption and the amount of water entering the sanitary sewers, the sewer user charge may be adjusted accordingly. 3. In addition co the above charges, service stations and businesses providi~g sanitary dumps £or recreational vehicles only, shall be char~ed~j ~ monthly. D. Industrial Uses. I. 1-or the purposes of this Ordinance, industrial uses shall be those set forth in Section 35.905-18 of the Federal Register, Vol. 38, No. 98. E. ~]ult~ple Uses. For sewer accounts involving multiple uses, the sewer rate shall be the total of the several use charges computed separately. (Ord. #1859, 1975). 84-- 18003 ]4..0~ 040 Sewer Service ..,,.rve--(lt~fs]de (;itv. ']he scwt," service charge J:or prcmisc:? outside tile. (Jr',' co:l~ccted in accord wit,, Section 14,08.030 and while they arc outside thc City, shall be doubi~. the rates set forth in Section 14.08.055 hereof. (Ord. 1777 ~ 2 (part), 1973' Ord. 1775 ~ 8, 1975, Ord. ~1859, 1975). 14.08.050 Penalties. A person violating this chapter is, upon conviction thereo£, punishable as prescribed in Section 1.08.010. (Ord. 1775 § 5, 1975)." In exchange for our land being connected to the sewer system of the City of Ashland we agree for ourselves and our heirs and assigns that the owners of this land shall be bound by all of the rules and regu- lations governing the use of sewers as they presently exist or may herein- after be changed by the City of Ashland. These rules shall expressly in- clude the right of representatives of the City of Ashland to go upon the premises at all reasonable times and places to inspect the sewer syste? and its connections to insure that it is being properly maintained and that no more than the permitted number of connections are in existence. Further, we agree that this Agreement shall be binding upon our heirs and assigns. WITNESS OUR HANDS AND SEALS this _/~_~d day of STATE OF OREGON ) ) Count}' of Jackson) 19~__~, before me the undersigned, a Notary Public ~g and ~or/~aic~ County and Slants, persona/~lv, appeared the within named ~~ ~ ~'Z.~' and ~~/ ~ ~~ , ' ' , who are 'knoWn ao me ko be the identical individuals described in and who ex- ecuted the same freely and voluntarily. Ngf~r~~ 3ubq~d f~ Oregon ~ly Co:;:mission expires' Jackson County, Oregon Recorded OFFICIAL RECORDS EATHLEEN ,q. BECIf, ETT -5- S W I/4 Section II T. 39S. R. IE. W.M. Scole I"= 200' 39 IE II -12