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Home My WebLink About2004-36 Schless Annexation RESOLUTION NO. 2004-36 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (EL Y SCHLESS AND KRISTA JOHNSON ANNEXATION, 3151 EAST MAIN STREET) RECITALS: A. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners of this property have consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on April 1 , 2003. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 2.04.090 duly PASSED and ADOPTED this 2 day of November , 2004 Barbara Christensen, City Recorder SIGNED and APPROVED this 3 day of November, 2004 Cate Hartzell, Council Chair Reviewed as to form: Mike Reeder, Assistant City Attorney EXHIBIT 'A' ANNEXATION DESCRIPTION A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Begjnning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the comer common to Sections 11, 12, 13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 51 0 16' 4 7" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 380 43' 13" East, 210.02 feet; thence North 51 0 16' 47" East, 59.86 feet to the Point of Beginning. April 19, 2004 REGISTERED -PROFESSIONAL LAND SURVEYOR ~.. G.-... CITY OF ASHLAND ENGINEERING DIVISION J ( I / 03 57556 IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this docpment 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 application for annexation and subsequent connection froIu the property to the water and 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 24th day of September, 2002 Signature: Krista Johnson Schless State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named Krista Johnson-Schless and acknowledged the foregoing instrument to be his voluntary act and deed. . OFFICIAL SEAL : . '. MELANIE WILDER \. . J NOTARY PUBLIC. OREGON ...... ...... COMMISSION NO. 354094 '. .., MY COMMISSION EXPIRES JAN. 28. 2006 r'\S2(".~. L--)'..~lor Notary Public for Oregon My Commission expires:-:.\OU'\ .~. ~Gh (c:\engineer\.doc) / . ... ~. .~ ..03 57556 . : I , ,. EXHIBIT "A" 97-24726 npJi:nllP110N ~ 1be Jaad referred to in this xeportIpoHcy is situated in tbo State of <ngon. County of Jac1aJoa aad is desafbed as follows: Commcucing at the East-8outheast comer of Donation Land Calm No. 52, ToWDSbfp 39 Soulb, Rap 1 East of tho wWameUo Meridian, Jacksou County, Oregon; tbODCO West 1391.8 feet; tbcaco North 1233.3 feet to a S/8 iocb iroD pia located 011 the Northeasterly boUDdiry. of East Main Street, for the true point of beginni~ thence North SOO 28' Bast, 461.91 feet to iDtersect the Southwesterly boundary of tho Cty of AshlaDd Airport propcIty, as dcsaibcd in Volume 576, Paac 172. JacksoD County, Oregon. Deed Record$; thence along said aiJport property boundary, Noctb ~'32t West, 210.0 feet; theDce South SOO 28' West, 460.0 f~ more or less, to the Northeasterly boundary of Bast Main Street; theDce aIoog said Street boundary, South 3SO 44' East, to the we point of begbming. ;'1 ( E \ d-- 03 57556 Jackson County, Oregon Recorded OFFICIAL RECORDS AUG 2 2 2003 I () ~ 3'1 1f/f1 . fr.:llt.~><IG~ COUNTY CLERK Jackson County, O,egol'l Recorded OFFICIAL RECORDS JUl 01 1997 ~-~~ ~h'.J~ . COUNTY CLERK I ro Page ~ .v' en - 110123 ~/ " ~ " " ' ~'^../ , '" , '.v' " "'/ , '? , -,". · V~'/. ~r;, ~ '" '" 'fJ('/ o,'~" A~"> '" ~~> /' 7' '. j"';'" \ ~'o \ / ^' '. ,,#' .\0,\ / \ 10' '6. '!J. ".~ .' X ~} "> "" ~ /-;/ :ft'...~ '''-'0'' {;. \ """""" ""'" "~~ < -.\:\. ~ .P / ./ v; / . "\!J; ~'''''''' >A" ~ . / "", ,,"'.... \ \ 0., ,.", #' ,,~ ~,. J~ "" ~ '\~_~~'_ \ '.. \", ;f' / v\~.. "'" .... , M ~_,_ \ "" / ."'" ,'<. 'M"~ ~ ,~~~. ~'/O". < \ ~",. ~ ~ ,-,,~,- c. ' \S'...... ~~~ - ~ ,,Ji ~ -% 0'0 \ / \,'{ ,~ ~,:<o.. ." ,~ ....\ .. ~. 4' .. ~. 'fi..~ ~ ~.", \....., ' :;?\ / ",'" /". "'., ..." > '0 .~ \ ' / ",' / ", ~ . ... '" ~ \~." , .,. '" / "'~ . - . '" . ", ,~ . "'. ,"0 'fi.. .." ~q,.<:::"~ "0" "O:.f<-' / ' ~" "" '\ ',.:. ,0" '" ... d"A " .. / " .~ ~. ' ~ ~~ ~' "" ' ." A'" ., '" /"'\ ~' '}. ~ \." ....,... / .. <'" ,.P / .">, ,.""" ~, _ ... \ )I ;; #' ",4 / ". .t> "j ~ ~ "." , #'......." / >r. ~ ~/ ' \'~ . #~ / ' \;#/ ' RiGHT OF WA Y POI OR 1Itl-09528 F= ~;;~ON PIN ~ n~ ' ~M~~ · ~~~, ~ ~2. 13 AND 14 IA[1ftDIAN. JAQ(S()H , COUNTY. OREGON T39S, R1E, SEC 12, TL JOJ FOUND 5/8' IRON PIN FROM FS 15839 RiGHT OF WAY PR FS 15639 BASIS OF BEARING: CALCULA TED UNE BETv.u:N PT. 'A' AND PT. '8' AS NORTH 20' 10' 45" EAST. AS SHOIIIN ON FIl.E:D SURIlEY NO. 9962. SHEET TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS Z1-4 FOURTH STREET ASHLAND, OREGON 97520 (5411482-647-4 ~ OF ~. ~ / .~ , /' ' J "'-, "- /'. ~~ ~ ~~-~ . NXnS""'" ~($...' ,~v1~o8,-;;y(' CAsatENT "- '----- ..-/ .,J / "" FS 4089 - /' '\ ~ ~ ~ 'M = _ 10' ..... rfi" / S89'34'IO'W ~ 1>", '\ A "'" ~". ~ ." '< . <'!' ./ "-",b '% ~ % , ",# / ~ .. '~ ..p' /' . '~;'>~ '%. ~f> .!'~ ~DO \'EAR Fl.DOO / ~ ~ .,.~~ '\ ER FfMA "'AP ~ARY ~~ '" d- ~ , ~, '\", ~, ~' ~~ , p" ~-, ,.. > ~o# FOUND 5/8" IRON PIN 1111H CAP IIARKED 'SWAIN LS 759' FROAI FS 10103 OR 97-24i126 STUART M. OSl./U5, PLS 246~ I CERTIFY THAT THIS SURIIEY WAS PRfPARED IIITH ARCHIVAL QUAl./TY /JA 7fR1ALS AS REQUIRED BY ORS 209.250. SPEaFlC PRODUCTS USf1) ARE HEI'II.ETT PAa<ARD INK 151640A ON .crsF:T /J'IU.R jlJR44C/J/JE. PARTITION ptA~P-64-1995 FS 14;41 OR- FD PUE P-110-1990 LEGEND - - - - Pf'IOPERTY UNE - - - STREET CEHTERUHE - - EASEJlENTS _L- FENCE o . (DR ) (RI) F.S. SET 513" X 24" IRON PIN W/CAP IIARKED OSIlUS PlS 2464 FOUND "'ONUIIEHT AS NOTED DEED RECORD DA TA FROAI OR 97-24726 RECORD DATA FrfOt./ FIlED SUR~ NO. lt18:J9 RLED SUR~, OfF1CE OF THE COUNTY SUR'<EYt\It JAa<:soN COUNTY, OREGON OFFIOAL RECORDS, JACKSON COUNTY. OREQON FDIJND PUBUC UTlUTY EASEMENT RECOROED PARTITION PLAT. JAa<:soN COUNTY. OREGON FOR EL y SCHLESS AND KRISTA JOHNSON 1348 PROSPECT ASHLAND, OREGON 97520 LOCA TED IN: IN THE SW 1/4 OF SECTION 12 AND THE SE 1/4 OF SECTION 11, TOWNSHIP 39 SOUTH, RANGE 1 EAST, W/LLAMETTE BASE AND MERIDIAN JACKSON COUNTY, OREGON MAP OF SURVEY '\ " "'" "\~ '\ ctTY OF ASHLAND AIRPORT VOL 576, PG. 172 \ '\ , PT.'B' FOUND 5/8" IRON FROM FS 4089 PIN, 18" DEEP REDUCED SCALE SCALE:: 1=- 40' OATE OF SURVEY: 4-16-0~