The URL can be used to link to this page

Home My WebLink AboutCrowson/Benson Annexation CITY OF ASHLAND Today's Date:_5/29/07 Requested Check Issue Date: Next A/P Please note Vendors are paid Net 30 (30days) from today's datc ifnot otherwise specified. Request(s) must be in Accounts Payable Inbox by 5:00pm Friday to be issued the following Friday. Request for Check To be used for the fol1owing: · Rebates, Refunds or Reimbursements (not employees) · Advanced payments for Books/Schools/Hotels (attach documentation) · State/County Assessments · Grants and Debt Services Payee: Address: City, State, Zip Department of Assessment 10 South Oakdale, Room 300 Medford, OR 97501 . ... . Description Annexation processing fee Clay Street Annexation Ord #2930 Amount Amount 710.04.00.00.605600 271.00 Requested by: Approved by: Relu rn check 10: Please attach copy of payment request G:\recorder\4_req for check. doc Updated on :05/29/07 DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South OakdaJe Room 300 MEDFORD OR 97501 JACKSON COUNTY oregon Information Drafting Personal Property FAX 541-774-6059 541-77 4-6095 541-77 4-6094 541-774-6701 May 3, 2007 City of Ashland City Recorder 20 East Main Ashland, OR 97520 tJrd, ;:!- ':136 CflMSM- A-n-I\C:K . Re: Taxing District Boundary Change~ Dear District: Final approval for Annexation No. 2930 has been received from the Oregon Department of Revenue. Please remit to the Jackson County Department of Assessment the total amount due below. The annexation will be completed upon receipt of the amount due. Dates for district changes set by Oregon State law remain unchanged. Number of tax lots involved 1 Annexation processing fee $271.00 Total Amount Due $271.00 Please send remittance to: Department of Assessment 10 South Oakdale, Room 300 Medford, OR 97501 Respectfully yours, tZ ~~UJ C~ (~Uj}ceJ Ann E. Cacka Cartography Manager 7/0. 0<(. 07J, em . <00 ~6 00 . Complete items 1, 2, end 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No A6X\ \Q.rc\ s,().J\.\~o..rut \lD OO-K 'S.-\-. ks"\\ \ ClJ\ ci I O?- C\lo?- 0 3. ~C:;=Mall 0 Express Mall o Registered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (ExtJa Fee) 0 Yes 2. Article Number (Transfer from service label) PS Fonn 3811 , February 2004 7003 1680 0000 5888 7380 Domestic Return Recetpt 102595-02-M.1540 3. Sel)'ice Type Iil' Certified Mall 0 El<press Mall o Registered 0 Return ReceIpt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Dellvary? (ExtJa Fee) 7003 1680 0000 5888 7489 .. . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maHpiece, or on the front if space permits. 1. Article Addressed to: ~o.\:iK'S()\\ ~O . 8,\Qj;' \ ~\:- \0 't:J. CX:Lx<-do.1~ \..ACdfGrd/O\2- ql8J\ 2. ArtIcle Number (Transfer from service label) PS Form 3811. February 2004 COMPLETE THIS SECT/ON ON DELIVERY B-Agent o Addressee B~ec Ived by (Printed Name) C. Date of Delivery y ILf - D)o D. Is delivery address diff t from item 11 0 Yes If YES, enter delivery address below: 0 No Dyes Domestic Return Receipt SENDER: COMPLETE THIS SECTION '. . Complete items 1. 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: ~~$8)\1 $0. c..\e~DC)\G \ \) '0. 00.. 'lCd o...\e \-\Qd, ~ \ ~\2- <=\ \ "C:() \ 102595-02-M-1540 : COMPLETE THIS SECT/ON ON DELIVERY ~ent o Addressee C. Date of Delivery <I -tV~) L. D. Is delivery address d from Item 11 0 Yes If YES, enter delivery address below: 0 No 3. Selylce Type iii' CertIfied Mall o Registered o Insured Mall o Express Mall o Return Receipt for Merchandise o C.O.D. . Complete ttems 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 50 that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: 8:.')q..~ \OG 'S' O:::L~dCl\ e \Al(,1\\j~( OR C\:lDOl 3. S~ Type lit Certified Mail 0 Express Mall o Registered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Dellvety'1 (ExtnJ Fee) 0 Yes 7003 1680 0000 5888 7496 2. ArtIcle Number (Transfer from service labeQ PS Fonn 3811, February 2004 Domestic Return Receipt 102595-Q2.M-1540 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ffi'0\ ~\~) ~UlQ. r ~ UC)..'0t 1\\:'\" \)6\-n~\- \-\cinCl~-e \' C\ ~~ S ~\Q\)-e St. \A~\i~\d, C\Z C\lW I C. Date of Dellvtj 9- ILf-D DYes DNa 3. Serp Type Ill'Cert~ied Mall 0 Express Mall o Registered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from setvlce labeQ PS Fonn 3811, February 2004 7003 1680 0000 5888 7342 Domestic Return Receipt 102595-02-M.1540 '. . Complete items 1, 2, and 3. Also complete ttem 4 n Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [\klo.r\e, '\~ S. ~\~~ S\-. \\ro~\)fG.1 ()Q. C\\Q)\ D. 3. Servp Type [!'" Certified Mall 0 EXDI'BSS Mall . Complete ~ems 1, 2, end 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ \JTD 'O~O<J \)~\ l.o...\<'\::, ~\)~. \-\~ci~td\ Cpo Cl"LOOl.\ 3. Seryce Type ur'Certifled Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. .. Restricted Delivery? (Extnl Fee) 0 Yes 7003 1680 0000 5888 7359 2. Article Number (Tmnsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154O . Complete items 1, 2, and 3. Also complete ~em 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: As\\\OJIC\ 8.\"\\CO \ I:J\S\-:;, ~G \S\'S~\ ljC)'U ~\\lc\ k6\'\\~ I a~ C\:JD~O ~ t~~ D. Is delivery address different from item 1 If YES, enter delivery address below: 3. Septice Type I1f CertIfIed Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Dellvery? (Extra Fee) 0 Yes 7003 1680 0000 5888 7441 2. Article Number (Transfer from service Jabe~ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Notice to Taxing Districts ORS 308.225 City of Ashland City Recorder 20 East Main Ashland, OR 97520 t><J Description ::><J Map received from: CITY On: 10/13/2006 DOR 15-1180-2006 ~REGON ~~ DE"PARTMENT WOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 This is to notify you that your boundary change in Jackson County for ANNEX TO CITY OF ASHLAND; WITHDRAW FROM JACKSON CO. FD #5 ORD. #2930 (593 CROWSON) has been: t><J Approved [J Disapproved 10/20/2006 Notes: Department of Revenue File Number: 15-1180-2006 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: i:8J Change I_J Proposed Change The change is for: [J Formation of a new district t><J Annexation of a territory to a district t><J Withdrawal of a territory from a district U Dissolution of a district o Transfer [J Merge o Establishment of Tax Zone Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate) Office of the Secretary of State Archives Division MARY BETH HERKERT Director BIll BRADBURY Secretary of State BOO Summer St. NE Salem, Oregon 97310 (503) 373-0701 Facsimile (503) 373-0953 October 18, 2006 City of Ashland City Recorder 20 East Main Street Ashland, OR 97520 Dear City Recorder, Please be advised that we have received and filed, as of October 18, 2006 the following records annexing territory into the following: Ordinance/Resolution Number(s) Our File Number OR NO 2930 AN 2006-0294 For your records please verify the effective date through the application of ORS 222.180. Our assigned file number(s) are included in the above information. Sincerely, d~d~ B~~~L Linda Bjornstad Official Public Documents cc: County Clerk(s) ODOT Department of Revenue Population Research Center WWWServer - http://arcweb.sos.state.or.us . Internet E-mail - reference.archives@state.oLus Oregon Genealogy Listserv - or-roots@archive14.sos.state.or.us CITY OF ASHLAND Council Communication Crowson Property - Withdrawal from Rural Fire Protection District #5 Meeting Date: February 21, 2006 Department: Legal Contributing Departments: City Recorder, Planning Approval: Primary Staff Contact: Michael Franell E-mail: franellm@ashland.or.us Secondary Staff Contact: Barbara Christensen E-mail: christeb@ashland.or.us Estimated Time: 10 minutes Statement: This is a public hearing pursuant to ORS 222.524 to consider any objections to withdrawal of the parcel of property located at 593 Crowson Road, Tax Map 391E14D, Tax Lot #500, from the Jackson County Rural Fire Protection District #5. Background: The City Council, at their July 19, 2005, meeting approved the annexation of property located at 593 Crowson Road. Findings of Fact were adopted by the Council at the November 15, 2005, meeting. The annexation was conditioned upon the completion of certain tasks, which highlighted in the attached findings, conclusions and orders, are still pending. In order to be able to do the annexation and the withdrawal through a single ordinance, staff has scheduled and advertised a public hearing to consider objections to the withdrawal of the property from Jackson County Rural Fire Protection District #5. Council Options: The City Council will hear objections, if any, to the withdrawal of this property from the Jackson County Rural Fire Protection District #5. After hearing objections, if any, the Council can direct staff to prepare an ordinance withdrawing the property from the Rural Fire Protection District upon its annexation to the City. The Council could decide to leave the property in the rural fire protection district. Staff Recommendation: After consideration of any objections, direct staff to prepare an ordinance withdrawing the property from the Jackson County Rural Fire Protection District #5 upon its annexation to the City. Potential Motions: I move staff be directed to prepare an ordinance withdrawing the property located at 593 Crowson Road, Tax Map 391 E14D, Tax Lot #500, from the Jackson County Rural Fire Protection District #5 upon its annexation to the City. Attachments: Map of Property Findings, Conclusions and Orders. r:., Jackson County Official Records 2006-051093 ~~~=~ Stn=4 SHAWBJ 10/09/2006 11: 1 0: 55 AM $10.00 $5.00 $1100 Total:S26.00 111\\\1111" 1111111\ 1111I1111111111 01222949200600510930020029 I, Kathleen S_ Beckett, County Clerk for Jackson County, Oregon, certifylhat the instrument Identified herein was record.d Inthe Clerk records. Kathleen S. Beckett ~ County Clerk ORDINANCE NO.'J-~e")C\ AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (593 Crowson Annexation) Recita Is: A. The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. There are no electors residing in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on June 7, 2005, and July 19, 2005. on the question of annexation and a public hearing was held February 21,2006, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District NO.5. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS SECTION 1. The land described in the attached Exhibit "A" is declared to be annexed to the City of Ashland. SECTION 2. The land described in attached Exhibit "A" is declared to be withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the IS" day of , 2006, and duly ~SSED and ADOPTED this l_5 day of , 2006. ~~ ? -. .., Barbara Christensen, City Recorder S~:>\:>n'\.\\:-)+,,(" , 2006. \ Y: SIGNED and APPROVED this 1 day of n, Mayor EXHIBIT A Beginning at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30 degrees 47'20" West (Record North 31 degree 00' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50 degree 20'38" East 309.60 feet (record North 50 degree 15' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39 degree 00'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234-235 of Deed Records of said Jackson County; thence South 39 degree 39'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50 degree 20'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57 degree 56'19" West 128.98 feet; thence leaving said right-of-way, North 39 degree 39'22" West 6591 feet to the Southeast corner of that tract of land described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39 degree 54'22" West (Record North 39 degree 06' West) 156.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50 degree 20'38" West (ReCOrd South 50 degree 15' West) 142.79 feet to the easterly right- of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right- of-way, North 30 degree 47'20" West (Record North 31 degree 00' West) 135.42 feet to the point of beginning. c9 CITY OF ASHLAND September 13, 2006 Pacific Power & Light Attention District Manager 925 S. Grape Street Medford, OR 97501 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District NO.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541488-5307 Ashland, Ore90n 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r~., CITY OF ASHLAND September 13,2006 City of Ashland Finance Department Attn: Utilities 20 E. Main Street Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~~, CITY OF ASHLAND September 13, 2006 City of Ashland Department of Public Works & Maintenance 20 E. Main Street Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District NO.5. 2. Legal description. 1 trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~.l' CITY OF ASHLAND September 13,2006 Rogue Valley Transit District 3200 Crater Lake Avenue Medford, OR 97504 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r~' CITY Of ASHLAND September 13,2006 Charter Communications 926 S. Grape Street Medford, OR 97501 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~.l' CITY OF ASHLAND September 13,2006 A vista 1411 E. Mission Avenue Spokane, \VA 99202 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~.l' CITY OF ASHLAND September 13, 2006 Ashland Sanitary Service Inc. 170 Oak Street Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r~' CITY OF ASHLAND September 13, 2006 City of Ashland Department of Electric 20 E. Main Street Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~~, CITY OF ASHLAND September 13, 2006 Sprint Communications Attn: Ann Parker 902 Wasco Street Hood River, OR 97031 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us TTY: 800-735-2900 r.l' CITY OF ASHLAND September 13,2006 Qwest PO Box 3368 Omaha, NE 68103 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~~, CITY OF ASHLAND September 13,2006 Jackson County Parks & Roads 400 Antelope Road White City, OR 97503 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us TTY: 800-735-2900 r~' CITY OF ASHLAND September 13,2006 City of Ashland Parks & Recreation Department Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District NO.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r.t. ., CITY OF ASHLAND September 13,2006 Jackson County Fire District #5 716 South Pacific Hwy. Talent, OR 97540 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541.552-2059 www.ashland.or.us ny: 800-735-2900 r~' CITY OF ASHLAND September 13, 2006 Talent Irrigation District 104 Valley View Road Talent, OR 97535 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r~' CITY OF ASHLAND September 13, 2006 Ashland School District 5 885 Siskiyou Blvd. Ashland, OR 97520 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District NO.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us TTY: 800-735-2900 r~' CITY OF ASHLAND September 13, 2006 Oregon Liquor Control Commission 15 Crater Lake Ave. Medford, OR 97504 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECOROER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~~, CITY OF ASHLAND September 13, 2006 Federal Emergency Management Agency Region X Federal Regional Center Bothell, W A 98021 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: ,1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland. Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 rj.' CITY OF ASHLAND September 13,2006 Jackson County Public Works 200 Antelope Road White City, OR 97503 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.oLus ny: 800-735-2900 r~' CITY OF ASHLAND September 13, 2006 Jackson County Sherriff 10 S. Oakdale Medford, OR 97501 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District NO.5. Enclosed are the following documents: I. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us TTY: 800-735-2900 r.t. , CITY OF ASHLAND September 13,2006 Jackson County Communications Center, SORC Jackson County Courthouse 100 S. Oakdale Medford, OR 97501 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderfTreasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 ~~, CITY OF ASHLAND September 13,2006 Jackson County Elections Department 10 S. Oakdale Medford, OR 97501 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District No.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District NO.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City RecorderlTreasurer 20 E Main Tel: 541-488.5307 Ashland, Oregon 97520 Fax: 541.552.2059 www.ashland.orus ny: 800.735.2900 ~.l' CITY OF ASHLAND September 13, 2006 MC1 11035 Northeast Sandy Blvd. Portland, OR 97220 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District NO.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. 1 trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541-488-5307 Ashland, Oregon 97520 Fax: 541-552.2059 www.ashland.or.us TTY: 800-735-2900 r.l' CITY OF ASHLAND September 13,2006 Oregon Department of Transportation Highway Division 355 Capitol Street, NE Salem, OR 97301-3871 The City of Ashland has approved annexing property (593 Crowson) and withdrawing it from Jackson County Fire District NO.5. Enclosed are the following documents: 1. Copy of Ordinance #2930 withdrawing the area from Fire District No.5. 2. Legal description. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER'S OFFICE Barbara Christensen, City Recorder/Treasurer 20 E Main Tel: 541488-5307 Ashland, Oregon 97520 Fax: 541-552-2059 www.ashland.or.us ny: 800-735-2900 r~' ./,,/ ~~I~\'" ORDINANCE NO. :).S.y~O AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (593 Crowson Annexation) Recitals: A The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. There are no electors residing in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on June 7, 2005, and July 19, 2005, on the question of annexation and a public hearing was held February 21,2006, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District NO.5. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is declared to be annexed to the City of Ashland. SECTION 2. The land described in attached Exhibit "A" is declared to be withdrawn from Jackson County Fire District NO.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the Iff day of , 2006, and SSED and ADOPTED this 0 day of , 2006. Barbara Christensen, City Recorder SIGNED and APPROVED this 'I day of Se,?h>~\..-\bf>.(', 2006. . John W. Morris n, Mayor , EXHIBIT A Beginning at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30 degrees 47'20" West (Record North 31 degree 00' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50 degree 20'38" East 309.60 feet (record North 50 degree 15' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39 degree 00'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234-235 of Deed Records of said Jackson County; thence South 39 degree 39'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50 degree 20'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57 degree 56'19" West 128.98 feet; thence leaving said right-of-way, North 39 degree 39'22" West 65.91 feet to the Southeast corner of that tract of land described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39 degree 54'22" West (Record North 39 degree 06' West) 156.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50 degree 20'38" West (RecOrd South 50 degree 15' West) 142.79 feet to the easterly right- of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right- of-way, North 30 degree 47'20" West (Record North 31 degree 00' West) 135.42 feet to the point of beginning. Barbaraghrisje~l'len:51l3Crow,sSln. a~nexalic;6... .. From: To: Date: Subject: Maria Harris Barbara Christensen 7/6/20064:49:44 PM 593 Crowson annexation Barbara, I received a copy of an irrevocable consent to annex form for the crowson rd. annexation. Do you want a copy? - I told them to send the siged original to your office. Maria cc: April Lucas Barbara Christensen - 593 Crowson Rd. annexation a reements Pa e 1 From: To: Date: Subject: Maria Harris Barbara Christensen 6/6/2006 10:36:45 AM 593 Crowson Rd. annexation agreements Barbara, the applicants have not yet submitted the signed agreements for indebtedness and consent to annexation. I gave the forms to them several months ago. I called the applicants' agent, Tom Giordano, this morning and reminded him that the signed forms must be turned in before the annexation will be finalized. He is going to check on it and get the signed forms in. cc: Beth Lori; Bill Molnar; Jim Olson; Mike Franell CITY Of ASHLAND NOTICE OF TRANSMITT AI, TO: Barbara Christensen City Recorder DATE: June 16, 2006 PROJECT: Crowson Annexation JOB NO.: SUBJECT: Annexation Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: 1. Original Irrevocable Standby Letter of Credit #390; 2. Original Annexation Agreement; 3. Original Covenant of Waiver of Rights and Remedies. ENCLOSED X UNDER SEPARATE COVER REMARKS: The Annexation Agreement and Covenant of Waiver of Rights and Remedies requires the City's approval. I assume that the Annexation Agreement would be signed by you. The other document is set up for the Administrator's signature. COPIES TO: Paula Brown, Maria Harris, Adam Hanks Department of Public W~ By: James H. Olson Title: City Surveyor / P oject Manager PUBLIC WORKS 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5587 Fax: 541-488-6006 TTY: 800-735-2900 r.l' G:\pub-wrlcs\eng\dept.admin\ENGINEER\ANNEXA TION\Crowson Annex NOT to Christensen re agreements.doc ~ / , / , / , / , / , , , , , , , , , , , , , , , , Ii:. "'" / / ;Js' / I \. ""~__......... . ; '\"/.-,,.:---------<:' ~ s /. , q!- --~ <\ ..~,. / """"" \ ~;: ~ / H' "t~// ~~' A , / , /, , " , >, ,/~ ~/', ... ... -:;<'6 ,/ " "7;,.<' oc,~ /,.F '\ ,~ ~~ ~ ,/'> :; """ ' ..~ /' \. " ~ " / , / , ' , ," .,. " /' ..... + \. "" ..... ~ \. ~--- ~~ \. ' , , , , , '"" if' "'" !I> '\.(\~ \\\ O~}O~ \,\ '~~~~O1-- \,\ '&...'\ .L\ \. CI[,' ,.,'::'0 " .~.... ,,"9'0 \ ',~.,~ " "" \'~ \'\, '\"\ Q." '\ ' \ , \ \ ~ \) ~ if Iii ~ ~~. : i Iii! till . '* .Ij .1................. .'....,... '>'.'.tl~'......,.).... >U> >....... ~ ~H> ........................U! ............... .........,~,.i............(.'.. / / , , / , . . @ . " , ~~; . . . ~:~ Ii s H {"q! i!~ <@! . Hils .~ ..gz~IOi 1 .~~. .. 1 < ,.? ~bl l !i siJi .. j' fin ~i · il . P ~- ~I~ i~~ j 1- i ..1 i. · L 1 ~3 · . ~i~ i' it j i y I I . J i ! . . ~ 7 s~ ~ ..' t~ 7 ... ~[b ClOt? t" :t;:i l;>,., <~ ,~ ~r oz ,ii:; ., , , / , / , , , \ , , , , , , , o " ~ !.d != a,t% ~ . ~~ 0 ~g zc"lll ~je:Utfj , a c: o '" ~f~ :S g-c ~ ::< . z ~ ~ ~ EXHIBIT A BEGINNING at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30047'20" West (Record North 31000' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50020'38" East 309.60 feet (Record North 50015' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39000'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234 and 235 of Deed Records of said Jackson County; thence South 39039'22" East ] 00.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50020'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57056'19" West 128.98 feet; thence .leaving said right-of-way, North 39039'22" West 65.91 feet to the Southeast corner of that tract of land described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39054'22" West (Record North 39006' West) 156.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50020'38" West (Record South 50015' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30047'20" West (Record North 31000' West) 135.42 feet to the point of beginning. ..--~ ~_.-~-;;-lsmE D "~I PROFESSIONAL LAND SURVEYOR ..1 .,_..~....r.~'___ . [)~ ..z. /Ia-<- ORE-GO~ FEBRUARY A,I983 DARRELL L. HUCK 2023 '- . ..'.--- Darrell 1. Huck 1.S. 2023 - Oregon Renews 06/30/07 Hoffbuhr & Associates, Inc. December 1, 2005 Annexation Area EXHIBIT A BEGINNING at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range I East of the Willamerte Meridian in Jackson County, Oregon, which point bears North 30047'20" West (Record North 31000' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50020'38" East 309.60 feet (Record North 50015' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39000'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234 and 235 of Deed Records of said Jackson County; thence South 39039'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50020'38" West 56.06 feet to an angle point; thence continue aJong said right-of-way, South 57056'19" West 128.98 feet; thence leaving said right-of-way, North 39039'22" West 65.91 feet to the Southeast comer of that tract ofland described in Instrument No. 75-10559, officiaJ records, Jackson County, Oregon; thence aJong the easterly boundary of said tract, North 39054'22" West (Record North 39006' West) 156.26 feet to the northeast comer thereof; thence along the northerly boundary of said tract, South 50020'38" West (Record South 50015' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30047'20" West (Record North 31000' West) 135.42 feet to the point of beginning. _.._..,.._------~~~.\ REGISTERED ) PROFESSIONAL LAND SURVEYOR .J .",.,~~...~~'_.... D~ -t ~ o RifGog FEBll.UA!l.Y ",1983 DARRELL L. HUCK 2023 ....... ..-- Darrell 1. Huck L.S. 2023 - Oregon Renews 06/30/07 Hoffbuhr & Associates, Inc. December I, 2005 Annexation Area EXHIBIT A BEGINNING at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30047'20" West (Record North 31000' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50020'38" East 309.60 feet (Record North 50015' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39000'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234 and 235 of Deed Records of said Jackson County; thence South 39039'22" East ] 00.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50020'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57056'] 9" West ]28.98 feet; thence leaving said right-of-way, North 39039'22" West 65.91 feet to the Southeast corner of that tract ofland described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39054'22" West (Record North 39006' West) ] 56.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50020'38" West (Record South 50015' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30047'20" West (Record North 3 FOO' West) 135.42 feet to the point of beginning. .--"_.-,.-""",,,_.._--~.,\ REGISTERED I PROFESSIONAL LAND SURVEYOR_ _...,.,-..'"~-~....."'..........,,--=. [)~ .z /k.teA- OR]iGO~ FEBRUARY",l983 DARRELL L. HUCK 2023 ....... ........-- Darrell 1. Huck 1.S. 2023 - Oregon Renews 06/30/07 Hoffbuhr & Associates, Inc. December 1, 2005 Annexation Area IJ11ili!1 : fiil nl .........~. ................. · ><I"i"~" .......... .( ~ . ...'.'..~I.'........ ....... r ..~.; . ~ @ . ):( I~~ . . .. '1 ~- 5 l P ~ .~ lr i~r I@! . ~l I! ~ ..~&~. a~ i I i r , ~ ,r~ ~bl .. i Ei if ! r f r1 - ~ I i Ii ~J !!; ~;~ I . Iii ll! r i 9 l I i i . *' ......... ........ :::::::: ;l ~~ ... O' ;~ ~ p. ;[a tl" :I;:i ~~ cw ~~ :~ I' ,. ~ " S !!:~~ j!: ~t r;; . ~l!! il~i~ g1 III ., a ;j :S~~ ~ t'.. ~ EXHIBIT A BEGINNING at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30047'20" West (Record North 31000' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50020'38" East 309.60 feet (Record North 50015' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39000'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234 and 235 of Deed Records of said Jackson County; thence South 39039'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50020'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57056'19" West 128.98 feet; thence leaving said right-of-way, North 39039'22" West 65.91 feet to the Southeast comer of that tract ofland described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39054'22" West (Record North 39006' West) 156.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50020'38" West (Record South 50015' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30047'20" West (Record North 31000' West) 135.42 feet to the point of beginning. _._,,~.,........__..._-~ (REGISTERED '\ PROFESSIONAL i LAND SURVEYOR .~. , --..."...,.,...................-"..' D~ -t. ~ OREGON FEBR.UARY ",1983 DARRELL L. HUCK 2023 "- H ,," Darrell L. Huck L.S. 2023 - Oregon Renews 06/30/07 Hoffbuhr & Associates, Inc. December 1,2005 Annexation Area ~ANK 01'" THE CASCADES Irrevocable Standby Letter of Credit Number: 390 Issue Date: 6/05/06 Beneficiary: City of Ashland 20 East Main Street Ashland, OR 97520 We hereby open this Irrevocable Letter of Credit Number 390 in your favor for sum or sums not exceeding the total amount of US $120.605.17 One Hundred Twenty Thousand, Six Hundred Five and 17/100 Dollars. . This letter of credit is issued at the request and for the account of our customer, Crowson Business Center. LLC 3140 Junioer Wav. Medford. OR 97504 The letter of credit is available to you only upon: I. Your sight draft for any sum not exceeding the face amount of this letter of credit; and 2. Your statement executed by the City Administrator or City Attorney of the City of Ashland, Oregon certif'ying The undersigned hereby certifies that Crowson Business Center LLC has defaulted under its obligations to construct those improvements described in that certain agreement between Crowson Business Center LLC and the City of Ashland dated 6/05/06, which agreement concerns the Crowson Business Center Proiect. and therefore we are entitled to draw upon your Letter of Credit #390. Each draft must bear on its face the clause "Drawn Under Letter of Credit #390, dated 6/05/06 of Bank of the Cascades. THIS LETTER OF CREDIT EXPIRES AND IS VOID UNLESS DEMAND IS MADE HEREUNDER ON OR BEFORE 06/05/07 AT Bank of the Cascades. Medford, Oregon. We hereby agree with you that any draft(s) drawn under and in compliance with this letter of credit, and before the expiration thereof, will be duly honored, so long as the amount(s) thereof do not exceed the total credit extended. ~CADES ~ By: William A Haden Executive Vice President 11220 CORONA AVENUE, SUITE 101 MEOF'ORD, OREGON 97504 MEDFORD BRANCH P:S41/773-9IS0 F:541/773-9154 / Wv\W,botc.com NASDAO: CACB -- - -------..--r--------------- FROM GIORDANO & ASSOCIATES PHONE NO. 541 482 9193 Ma~. 16 2006 11:55AM P3 ANNEXATION AGRREEMENT TO DEPOSIT AN AMOUNT SUFFICIENT TO RETIRE ANY OUTSTANDING INDEBTEDNESS OF SPECIAL DISTRICTS Between Crowson Business Center LLC and CITY OF ASHLAND THIS AGREEMENT entered into by and between Crowson Business Center LLC, hereinafter referred to as "APPLICANT" and the CITY OF ASHLAND, hereinafter referred to as "CITY", . WITNESSETH: WHEREAS, pursuant to ORS 222.520(2)(b), the CITY elects to pay the bonds of the special districts when such property subject to special district indebtedness is annexed by the CITY. WHEREAS, Ashland Municipal Code, Sections 4.14.020, 14.08.030(F) and 18.I06.020(B), require that an applicant for annexation must agree to deposit an amolUlt sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510 as part of an annexation application. NOW, THEREFORE, as part of the annexation application for the property described in APPENDIX "A", APPLICANT agrees to deposit an amount sufficient to retire any outstanding indebtedness of special di strict defined in ORS 222.510. In the event that no special district requests from the CITY an amount to be paid to retire indebtedness within one (1) year from the date of annexation, the full amount deposited to the CITY shall be returned to the APPLICANT. In the event that a special district requires an amount less than the amount deposited, the CITY shall return the remainder to the APPLICANT. .~PLIC~EXAT~~~ . Signed ~ () y 1 Date U //2. /O/.p . CITY OF ASHLAND: Signed Date Q:\oommadev\plaJUling\Planning Actjon~\PM by stteet\C\Crowson\CrowsoD_S93_Annex Agroorncnt - Special Di:>tricts Indebtedness.doc ,~:' .. ., FROM GIORDANO & ASSOCIATES PHONE NO. S41 482 9193 Ma~. 16 2006 11:56AM P4 Name of Document For Recording: Covenant Of Waiver Of Rights And Remedies Grantor: Crowson Business. Center LLC Grantee: City of Ashland Consideration; None. r"" Statement to be mailed to: No change. Recordation Authority: ORS 205.130(2)(d) & Ashland Resolution No. 2005-05 After Recordin2 Rerum To; City of AsWand, Attn: City Recorder, 20 E. Main Street Ashland, OR 97520 (For County Recording Use Only) Covenant Of Waiver Of Rights And Remedies Whereas, Crowson Business Center LLC (hereinafter referred to as "Petitioner", including collectively all petitioners) has petitioned to the City of Ashland ("City") to commence certain proceedings, e.g., annexation, zone change, for the following described real property, See EXHIBIT A, made a part hereof. " Whereas, pursuant to the enactment of Ballot Measure 37 (effective December 2,2004), a property owner may elect to seek just compensation or waiver cif land use regulations if a public entity enacts or enforces the land use regulations after the property owner acquired the property; Whereas, there is the potential that the Oregon electors or the Oregon Legislature may, in the future, enact further statutory or constitutional amendments relating to compensation for the impact oflocal regulations upon real property, under certain circumstances; Whereas, City does not wish to approve the Petitioner's requested proceedings if the result would or could give rise to a later claim by the owner or the owner's successors or assigns for compensation for the land use regulations in effect upon the effective date of the proceedings or would or could give rise to a right to require the City to waive the City's land uSe regulations in effect upon the effective date of the proceedings, which are being newly imposed upon the property by reason and result of the proceedings; and Whereas, Petitioner seeks to induce the City to proceed with the proceedings and therefore agrees to eliminate the potential of claim for compensation or the right to seek waiver from the City's land use regulations existing as of the effective date of the proceedings; . Now, therefore, the undersigned Petitioner warrants that the petitioner executing this Covenant holds the full and complete present ownership or any interest therein in the property, and hereby agrees and covenants as follows: Page I - Covenant Of Waiver OfR-ights And Remedies FROM GIORDANO & ASSOCIATES PHONE NO. 541 482 9193 Ma~. 16 2006 11:56AM P5 I. As inducement to the City to proceed with the fOllowing proceeding(s) affecting the subject real property: Annexation and Rezone, which may include designation of the property as subject to additional applicable overlay zones, districts and development regulations (all inclusively referred to herein as "proceedings"), the undersigned Petitioner, on behalf of Petitioner, Petitioner's heirs, devisees, executors, administrators, successors and assigns, agrees and covenants to the City of Ashland, its officers, agents, employees and assigns that the undersigned hereby remises, waives, releases and forever discharges, and agrees that Petitioner shall be estopped from asserting any rights and remedies, actions, causes of action, suits, claims, liabilities, demands, and rights to waivers arising under or granted by any statutory or constitutional regulatory compensation or waiver provisions, including but not limited to Ballot Measure 37 (2004) or otherwise enacted after the date of this proceeding which would create a right of claim for compensation or waiver from city land use regulations that exist upon the effective date of the proceeding and which, by the approval of the proceeding, are then applicable to the property. 2. This waiver and release shall bind the undersigned's heirs, devisees, executors and administrators, successors in interests, and assigns. This covenant, waiver, release and discharge shall run with the land, and this instrument or a memorandum hereof may be recorded in the official records ofthe County in which the subject real property is located. This instrument may be terminated upon the filing of a Notice of Termination of Covenant filed by the City of Ashland. 3. If this instrument is given contemporaneous with a consent to future proceedings to be initiated by the City, Petitioner acknowledges that the proceedings may be initiated by the City of Ashland at any time in the discretion of the City of Ashland and that this waiver and release is applicable to any ordinances adopted prior to the effective date of the proceeding. 4. This document is executed of my own free will and without duress. I, or if more than one, each ofus respectively acknowledge that IIwe have been advised to obtain legal advice prior to the execution of this document, and that either I, or each ofus respectively, have either obtained legal advice Or have independently elected not to seek legal advice prior to the execution of this document, recognizing that this document may affect our legal rights and remedies. DATED this day of ,200_. (signature) /1 (signature) Petitioner Name: ~"'N Petitioner Name: Date Signed: It /1?- }rxp Date Signed: l Page 2 - Covenant OfWa;ver Of Rights And Remedies FROM GIORDANO & ASSOCIATES PHONE NO. 541 482 9193 Ma~. 16 2006 11:57AM P6 , :::tion~Vr~ ~. Name of Signor: uttpt1.lh.~'C: ~~l OfficelTitle of Signor: ~U'tL. VvlL.~ ~ (CMdctJu Smteofcnegon ) CountyofJacksoJl ~ On this , ~ay of 2t>ci.qbefore me the undersigned Notary Public, Perso~-iZi~l1~ ~ (name of Petitioners signing; not Notary name) a personally known to me ~roved to me on the basis of satisfactory evidence To be the person who executed the within instrument Cl as or on behalf of the entity therein named, pursuant to authority, and acknowledged to me the execution hereof. WITNESS my band and official seal Place Notary Seal Below (Do not write outside of the box) cI=::;;JJ OFFICIAL SEAL JESS HART . NOTARY PU8L1C-oREElON Notary name;r;.ble): COMMISSION NO. 4041211 MY COMMISSION EXPIRES MAR. 27. 2010 ~ So:)' rtP-f' This dotnment is accepted pursuant to authority and approved for recording. City of Ashland, Oregon Gino Grimaldi, City Administrator Page 3 - Covenant OfWaivcr Of Rights And Remedies FROM GIORDANO & ASSOCIATES PHONE NO. 541 482 9193 Ma~. 16 2006 11:58AM P8 EXHIBIT A Beginning at a point on the northeasterly right of way line of the Southern Pacific Company, in Section 14, Township 39 South of Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears North 310 00' West 161.14 feet from an iron pipe at the intersection of said line with the northwesterly right of way line of the Crowson Road; thence North 50. 15' East, parallel with the Crowson Road, 142.79 feet; thence South 40. 00' East 159.26 feet to the northwesterly right of way line of said Crowson Road; thence North 500 15' East, along said line, 78.35 feet to a 5/8" iron rod at the southerly point of tract conveyed to the Stllte of Oregon, by and through its State Highway Commission, in deed recorded in Volume 516 page 463 of the Deed Records of Jackson County, Oregon; thence North 42007' East, along the northwesterly line of said tract, 106.10 feet; thence North 390 06' West 278, J 0 feet to the southeasterly corner of tract described in Volume 539 page 226 of said Deed Records; thence South 500 IS' West, along the southerly line of said tract, 309.41 feet to the northeasterly right of way of said Southern Pacific Company; thence South 310 00' East, along said line, 135.42 feet to the point of beginning. (Code 5-08, Account # 1-0 11842-7, Map #39IE 14D, Tax wt #500) Page 5 - Covenant Of Waiver Of Rights And Remedies CITY OF ASHLAND State of Oregon County of Jackson ) ) I, Barbara Christensen, City Recorder/Treasurer for the City of Ashland, duly caused to have posted four (4) copies of the Notice of Withdrawal of Certain Real Property from Jackson County Fire District No.5 to the City of Ashland, Crowson/Benson Annexation in four (4) public and conspicuous places in the City of Ashland, Oregon for two successive weeks beginning on February 6, 2006 through February 20,20062004, and that the following are the public places within said city where said Notice of Annexation Hearings were so posted and kept posted as aforesaid: , 1. City Hall 2. Albertson's Grocery Store 3. Ashland Cooperative Food Store 4. Jackson County Library - Ashland Branch (Reference Desk) e as aforesaid by direction of the City Recorder. This instrument was acknowledged before me on 're'n. \ I ~()a\ 0 , by Barbara Christensen. J..~ -..rn. '1-u.w.4J Notary Public for Oregon My Commission expires: \ \ C\ \ () C\ . OFFICIAL SEAL APRIL M. LUCAS NOTARY PUBLIC-OREGON COMMISSION NO. 388338 I MY COMMISSION EXPIRES JAN. 09, 2009 City RecorderlTreasurer 20 E Main Street Ashland, Oregon 97520 www.ashland.or.u5 Tel: 541-488-5307 Fax: 541-552.2059 TTY: 800-735-2900 r.l' NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the legal description below has consented to the annexation of this property to the City of Ashland. The Council further finds that no electors reside in the tract to be annexed. Pursuant to ORS 222.524 a public hearing shall be held on February 21, 2006 at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No.5. All persons may appear before the Ashland City Council and be heard on the question. LEGAL DESCRIPTION Beginning at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, which point bears North 30 degrees 47'20" West (Record North 31 degree 00' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of Crowson Road; thence North 50 degree 20'38" East 309.60 feet (record North 50 degree 15' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39 degree 00'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234-235 of Deed Records of said Jackson County; thence South 39 degree 39'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50 degree 20'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57 degree 56'19" West 128.98 feet; thence leaving said right-of-way, North 39 degree 39'22" West 65.91 feet to the Southeast comer of that tract of land described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39 degree 54'22" West (Record North 39 degree 06' West) 156.26 feet to the northeast comer thereof; thence along the northerly boundary of said tract, South 50 degree 20'38" West (Record South 50 degree 15' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30 degree 47'20" West (Record North 31 degree 00' West) 135.42 feet to the point of beginning. Publish: February 7, 2006 and February 14,2006 By: Barbara Christensen, City Recorder CITY OF ~ JJliiif-I r~~ A~E~A~~~D - - ASHLAND, OREGON 97520 541/552-2028 69468 DATE ;./J /D(, V E N D o R LIMITED PURCHASE ORDER - MAXIMUM PURCHASE IS $5000 DESCRIPTION AMOUNT TOTAL .L EMPLOYEE SIGNATURE: ~ ACCOUNH jlOJL1-.jD.OIL..{g.D~ -J 1- DEPT HEAD SIGNATURE (REQUIRED IF OVER $1500) VENDOR COpy NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the legal description below has consented to the annexation of this property to the City of Ashland. The Council further finds that no electors reside in the tract to be annexed. Pursuant to ORS 222.524 a public hearing shall be held on February 21, 2006 at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No.5. All persons may appear before the Ashland City Council and be heard on the question. LEGAL DESCRIPTION Beginning at a point on the Northeasterly right-of-way line of the Central Oregon & Pacific Railroad in Section 14, Township 39 South, Range 1 East of the WiIlamette Meridian in Jackson County, Oregon, which point bears North 30 degrees 47'20" West (Record North 31 degree 00' West) 296.56 feet from the intersection of said right-of-way line and the northerly right-of-way of' Crowson Road; thence North 50 degree 20'38" East 309.60 feet (record North 50 degree 15' East 309.41 feet) to the westerly right-of-way of Benson Way; thence along said right-of-way line South 39 degree 00'22" East 273.03 feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is set forth in Volume 510, Pages 234-235 of Deed Records of said Jackson County; thence South 39 degree 39'22" East 100.00 feet to the southerly right-of-way line of said Crowson Road; thence along said right-of-way, South 50 degree 20'38" West 56.06 feet to an angle point; thence continue along said right-of-way, South 57 degree 56'19" West 128.98 feet; thence leaving said right-of-way, North 39 degree 39'22" West 65.91 feet to the Southeast corner of that tract of land described in Instrument No. 75-10559, official records, Jackson County, Oregon; thence along the easterly boundary of said tract, North 39 degree 54'22" West (Record North 39 degree 06' West) 156.26 feet to the northeast corner thereof; thence along the northerly boundary of said tract, South 50 degree 20'38" West (Record South 50 degree 15' West) 142.79 feet to the easterly right-of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-of-way, North 30 degree 47'20" West (Record North 31 degree 00' West) 135.42 feet to the point of beginning. Publish: February 7, 2006 and February 14,2006 By: Barbara Christensen, City Recorder CITY OF ASHLAND Council Communication Planning Action 2005-008 - Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l (Employment) for an approximately 1.6 acre parcel located at 593 Crowson Road. The portion of the parcel adjacent to Crowson Road is proposed in the Residential Overlay (R-Overlay) that allows a residen~- component and in the Detail Site Review Zone which requires additronal building design features. Meeting Date: Department: Approval: July 19,2005 Planning Lee Tuneberg Acting City Administrator Primary Staff Contact: Maria Harris, 552-2045 harrismralashland.or.us Secondary Staff Contact: John McLaughlin, 552-2043, mac@ashland.or.us Statement: The planning action was reviewed at the June 7, 2005 Council meeting. The Council directed the applicant to meet with the adjoining property owner to address concerns raised during the hearing process. The following are excerpted from the City Council minutes: Council Deliberation Suggestion was made for the Council to table this issue for tonight with the stipulation that the applicant and neighbors get together and see what they can work out with the majority of the issues and come back to the Council with a way that would memorialize those agreements, at which time the council could make their decision. Opposing comment was made that the Council should vote on this issue tonight. Comment was made that the applicant had represented their willingness to work with the neighbors and opposition was voiced to tabling this issue. Statement was made that the interests of the community would be best served by following the planning process. Councilor Hartzell/Amarotico m1s to table this matter until July 19, 2005, with the request that the applicant work with adjacent land owners on the issues brought forward tonight and bring back something that addresses as many of those issues as possible, in a way that they are memorialized. DISCUSSION: Mr. Franell clarified that the 120-day rule does not apply to annexations. He also stated that Staff would advertise this agenda item appropriately for the next meeting. Roll Call Vote: Councilor Hardesty, Amarotico, Hartzell and Silbiger, YES. Councilor Jackson, NO. Motion passed 4-1. The applicant has indicated that they have been working at reaching an agreement as requested by the Council, but have not reached a final signed agreement in time for inclusion in the packet. They will present their issues at the continued public hearing on this matter. Since the issues were beyond the scope of the annexation request, Staff has not been involved with the discussions. 1 .".. Ir." Background: The Council held a public hearing on this item at the June 7, 2005 City Council meeting. Testimony was received, and the Council tabled the item, and continued the public hearing, to allow the applicant an opportunity to meet with the abutting property owner to reach an agreement on issues raised at the hearing. Conditions of Approval Should the Council approve the annexation request, Staff recommends adding two conditions to the conditions included in the staff report on page 26 of the record. The conditions require street and utility dedications, easements and improvements to be engineered and completed or bonded for prior to the property being annexed as required by the annexation approval criteria. 4) That full City services, including but not limited to water, sewer and storm water mains and electric service, shall be extended to the southern boundary ofthe project (i.e. Crowson Road). Engineered plans for all improvements shall be submitted for review and approval of the Ashland Engineering prior to installation. That the engineered plans shall include but are not limited to: I) the Crowson Road improvements to City of Ashland Street Standards including pavement overlay, pavement extensions, bike lane and curb and gutter, parkrow, street lights and sidewalk, 2) the Benson Way improvements to City of Ashland Street Standards including sidewalk connection between the existing sidewalk north of the site to the proposed development, and planting strip, street lights and sidewalk along the property frontage, and 3) the public utility extensions. That all required street improvements and public utility extensions shall be installed or fully bonded for in accordance with City requirements prior to adoption of a resolution annexing the property. 5) That the necessary area for street improvements shall be dedicated as public street right-of-way. The right-of-way dedication shall include the area necessary for retaining walls to be installed with the street improvements. That the right-of-way dedication shall be submitted for review and approval of the Ashland Planning and Engineering divisions, and the dedication shall be surveyed and recorded as necessary prior to adoption of a resolution annexing the property. Council Options: The Council may approve, approve with modifications and conditions, or deny the application. Staff Recommendation: The motion by the Planning Commission included a recommendation to the City Council for approval of the Annexation request by a seven to one vote. Staff recommends the Council approve the request with the attached conditions as stated in the Staff Report Addendum on page 26 of the record, and the two additional conditions as stated in this memo. The Council may wish to attach other conditions that they deem relevant to the criteria for approval. 2 -r CITY OF ASHLAND Potential Motions: Move to approve the application for Annexation, Comprehensive Plan and Zoning Map change in P A 2005-008 with three attached conditions recommended by the Planning Commission on March 8, 2005. Move to approve the application as submitted. Move to deny the application as submitted. Attachments: None 3 r.l' PUBLIC IffiARINGS 1. Continuation of Public Hearing of Planning Action 2005-008 - Annexation, Comprehensive Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland Zoning E-l (Employment) for an approximately 1.6 acre parcel located at 593 Crowson Road. The portion of the parcel adjacent to Crowson Road is proposed in the Residential Overlay (R-Overlay) that allows a residential component and in the Detail Site Review Zone which requires additional building design features. Public Hearing Re-Opened: 8:38 p.m. Senior Planner Maria Harris addressed the Council and noted that the applicant and the neighbor who had voiced objection at the last hearing had come to an agreement. Ms. Harris noted the two additional conditions recommended by Staff and requested that the Council include these if they choose to approve the application. Alan Harper1717 Murphy Rd, Medford/Attorney for the Application/Stated that after extensive negotiations between the applicant and the Bustamante's, they were able to come to an agreement and submitted into the record the statement from the Bustamante's, withdrawing their objection to the annexation. Mr. Harper provided a brief explanation of the elements in the agreement. Cody BustamanteN oiced his support for the agreement reached. It was noted that the agreement had not yet been submitted to Staff and questioned if it would become part of the record for this Planning Action. Mr. Harper stated that he had no objections to providing this to Staff. Public Hearing Closed: 8:41 p.m. Continued Council Deliberation Comment was made that the Council was not required to approve an annexation just because it meets the criteria; however support was voiced for this approval. Councilor Hartzell! Amarotico mls to approve the application for Annexation, Comprehensive Plan and Zoning Map change in PA 2005-008 with the three attached conditions recommended by the Planning Commission on March 8, 2005; Condition #4 and #5 as stated in the Council Memo; Condition #6 be compliance with the agreement that was presented by the applicant tonight. Voice Vote: all AYES. Motion passed. lJ\~\Q~ CITY Of ASHLAND NoncE OF TRANSl\:lUT AI;. TO: Maria Harris DATE: PROJECT: JOB NO.: SUBJECT: December 15, 2005 Survey map and description THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Copies of the survey map and legal description of the Crowson Road annexation. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Barbara Christensen, Joe Strahl Department OfPUbli~ By: James H. Olson Title: City Surveyor / OJ ct Manager PUBLIC WORKS 20 E. Main Street Ashland. ~ 97520 www.ashland.or.us Tel: 541488-5587 Fax: 541488-6006 m: 800-735-2900 1'&' BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON July 19, 2005 IN THE MATTER OF PLANNING ACTION #2005-008, A REQUEST FOR ) ANNEXATION OF A 1.6 ACRE PARCEL LOCATED AT 593 CROWSON ) FINDINGS, ROAD. THE REQUEST INCLUDES A COMPREHENISVE PLAN AND ) CONCLUSIONS ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL ) AND ORDERS RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING E-I (EMPLOYEMENT) ) WITH THE PORTION OF THE PARCEL ADJACENT TO CROWSON ROAD ) INCLUDED IN THE DETAIL SITE REVIEW ZONE AND RESIDENTIAL ) OVERLAY (R-Overlay). ) ) APPLICANT: Crowson Business Center LLC ) RECITALS: I) Tax lot 500 of 391El4D is located at 593 Crowson Road and is proposed to be zoned E-l (Employment). The southern portion of the parcel parallel with Crowson Road as shown on the attached map will be located in the Detail Site Review Zone and Residential Overlay (R-Overlay). 2) The proposal involves a request for Annexation of a 1.6 acre parcel and a Comprehensive Plan and Zoning Map change from Jackson County zoning Rural Residential (RR-5) to City of Ashland Zoning Employment (E-l). The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as detelmined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. . E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: I. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage oftlie project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shalf be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transPOrtatiOIl safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all annexations with a density or potential density of four residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): I. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incom'ls at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 50 I (3)( c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. H. One or more of the following standards are met: I. The proposed area for annexation is to be residentially zoned, and there is less than a five- year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five- year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-I or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. 4) The City Council, following proper public notice, held a Public Hearing on June 7, 2005 and July 19, 2005, at which time testimony was received and exhibits were presented. The Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the City Council of the City of Ashland finds, concludes and reconunends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "s" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation. The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashllllld's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The proposed zoning for the property, E-I, is consistent with the designation indicated on the Ashland Comprehensive Plan, while the proposed office, light manufacturing and residential uses are allowable uses in the district. C. The land is currently contiguous with the present City limits. The property is contiguous to the existing City Limits along the property line adjacent to Benson Way. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subje,;t property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Sewer, water and electric service will be extended to and through the project. Water and sewer main lines are located in the Benson Way right-of-way. City water is adjacent to the property in the Benson Way right-of-way. City sewer is in place north of the site in Benson Way and the sewer line will be extended to serve the property. City storm drain facilities are existing in Benson Way and will be extended to and through the site. E. Adequate transportation can and will be provided to and through thl: subject property. Transportation to the property is by way of Crowson Road and Benson Way. Crowson Road will be improved to the City of Ashland standard for an A venue along the property frontage. The Crowson Road improvement includes bringing the street up to the city standard from the center line towards the property, for the length of the parcel's frontage. In addition, the improvement includes a travel lane, bike lane, installation of curb and gutter, a planting strip with street trees, street lights and a sidewalk. Benson Way is an improved city street which is classified as a Neighborhood Commercial Collector. Parkrows and sidewalks are not in place along the property frontage, and will be installed to the Ashland Street Standards. Additionally, a sidewalk will be installed in the right-of-way to the north of the property ,:onnecting the existing sidewalk on Benson Way to the subject property. The Rogue Valley Transportation District (RVTD) has predicted bus service may be a possibility in this area, but will be a minimum of ten years in the future. As a result, a pad for a future bus stop has been located between the sidewalk and curb on the Crowson Road frontage. F. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undev(~lopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shEill not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all annexations with a density or potential density offour residential units or greater and involving residential zoned lands, or commercial, employment or industrial lands with a Residential Overlay (R-Overlay): I. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median income; or 2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of median income; or 3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median income; or 4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median income; or 5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC 501 (3)( c)) affordable housing developer or comparable Development Corporation for the purpose of complying with subsection 2 above. The land shall be located within the project and all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be transferred to the affordable housing developer or Development Corporation prior to commencement of the project. The total number of affordable units described in this section G shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties providing affordable units as part of the annexation process shall qualify for a maximum density bonus of 25 percent. The proposal includes three residential units in the building adjacent to Crowson Road, and therefore is not subject to this section. The applicant's original concept did not include a request for the Residential Overlay, nor did it include residential units. The proposal was amended to include three residential units in response to concerns regarding the transition from light industrial development on the north side of Crowson Road to the single-family existing and future development on the south side of Crowson Road. The area on the opposite (south) side of Crowson Road is in the Ashland Urban Growth Boundary and is identified as Single-Family Residential. H. One or more of the following standards are met: 2. The proposed lot or lots will be zoned E-l or C-I under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. The proposed parcel will be zoned E-l. At its meeting of March 8, 2005 the Planning Commission approved a Site Review application to develop a business complex for office and light manufacturing uses including the construction of four buildings and the conversion of the existing house. Additionally, the building adjacent to Crowson Road will include three residential units in the second story. The Planning Commission also approved a Trce Removal Permit to remove six trees on the site. SECTION 3. DECISION Therefore, based on our overall conclusions and upon the proposal being subject to each of the following conditions, the City Council we approve Planning Action # 2005-008. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless oth,~rwise modified here. 2) A boundary survey and a written description of the property boundaries including the Crowson Road right-of-way shall be submitted for review and approval prior to completion of the annexation. 3) That the applicant agrees to construct the project in accordance with the approved plan and City ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of the boundary survey, or adoption of a resolution or ordinance formally annexing the property. 4) That full City services, including but not limited to water, sewer and storm water mains and electric service, shall be extended to the southern boundary ofthe project (i.e. Crowson Road). Engineered plans for all improvements shall be submitted for review and approval of the Ashland Engineering prior to installation. That the engineered plans shall include but are not limited to: I) the Crowson Road improvements to City of Ashland Street Standards including pavement overlay, pavement extensions, bike lane and curb and gutter, parkrow, street lights and sidewalk, 2) the Benson Way improvements to City of Ashland Street Standards including sidewalk connection between the existing sidewalk north of the site to the proposed development, and planting strip, street lights and sidewalk along the property frontage, and 3) the public utility extensions. That all required street improvements and public utility extensions shall be installed or fully bonded for in accordance with City requirements prior to adoption of a resolution annexing the property. 5) That the necessary area for street improvements shall be dedicated as public street right-of-way. The right-of-way dedication shall include the area necessary for retaining walls to be installed with the street improvements. That the right-of-way dedication shall be submitted for review and approval ofthe Ashland Planning and Engineering divisions, and the dedication shall be surveyed and recorded as necessary prior to adoption of a resolution annexing the property. 6) That the applicant shall comply with the agreement with the neighboring property owners, Cody and Laurel Bustamante, presented by the applicant at the July 19, 2005 Ashland City Council meeting. CITY OF ASHLAND, OREGON --- 1/ /IG. k), ~r--' ..lSI1L.'I\DCfTYClJf,\('I1. \tEEn.\(; \'or'FHBFl? 15, :005 P.1<.;J~ 4 off, Suggestion was made for the base of the artwork to be constructed in a way that would allow the sculpture to be moved, should the need arise. Ms. Seltzer clarified that this was a common issue with public art projects and stated that a clause to this effect would be included in the contract with the artist. Councilor JacksonlAmarotico mls to accept recommendation for the McGee/Neil Sculpture. Voice Vote: all AYES. 2. Adoption of Findings for Annexation, Comprehensive Plan and Zoning Map change for an approximately 1.6 acre parcel located at 593 Crowson Road. Interim Community Development Director Bill Molnar explained that this is the final step in the land use process for the annexation of a 1.6 acre parcel off Crowson Road. He noted that the applicant and the neighbor were asked by the Council to work out their issues and memorialize an agreemenl. Mr. Molnar stated that the provisions of that agreement are referenced in Condition #6 in the proposed findings. Staff recommends that the Council approve the findings with the attached six conditions. Councilor Amarotico/Jackson mls to adopt the Findings for Annexation, Comprehensive Plan and Zoning Map change for an approximately 1.6 acre parcel located at 593 Crowson Road. Voice Vote: al1 AYES. ORDINANCES. RESOLUTIONS AND CONTRACTS I. First Reading by title only of "An Ordinance Amending the Ashland Municipal Colle Relating to Adoption ofthe 2004 Oregon Fire Code." Fire Chief Keith Woodley and Division Chief Margueritte Hickman presented the Staff Report. Mr. Woodley stated that the action before the Council is the adoption of the 2004 Fire Code, which is essentially the 2003 International Code with the Oregon amendments. He noted that this action comes before Council about every four years. Ms. Hickman stated that most of the changes to the Fire Code are language changes. She commented on how the Fire Code fits into the code process and new development process. She also stated that the Land Use Ordinance. the Building Code and the Fire Code all address fire code issues and stated that it is important for all three to work together. Ms. Hickman noted the proposed modifications to the Fire Code Ordinance: . Page I: Language was modified by legal counsel to properly adopt the Fire Code. . Section IS.28.020: It was determined that the new code adequately defined the duties. The previous language was deleted and the Fire Code was referenced. . Section lS.28.030: Language was cleaned up. . Section IS.28.040: Above-ground storage was changed to identify the code location. . Section IS.28.050: After consulting with local LPG providers, it was determined that a 500 limit was 'more than adequate. . Section IS.28.070.A: Change was made from ISO ft. to 2S0 ft. in order to be in cooperation with the Land Use Ordinance. . Section IS.28.070.B: Language was added requiring boxes to be installed and maintaim,d in accordance with manufactures instructions. . Section IS.28.070.C: States that a hydrant needs to be within 300 ft. unless there are fire sprinklers in the building and then it can be extended to 600 ft. . Page 4: Exception #3 has been eliminated. . Section IS.28.070.F: Changes were made to the height of buildings to make it congruent with the Land Use Ordinance. . Section 15.28.080: Has been removed and the process listed in the Fire Code was adopted.