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HomeMy WebLinkAboutEast Main Annexation Ill). 0 9..;? ~ 00. ~O'/I(J() DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 JACKSON COUNTY oregon Information Drafting Personal Property FAX 541-774-6059 541-774-6095 541-774-6094 541-774-6701 April 4, 2005 City of Ashland City Recorder 20 East Main Ashland, OR 97520 Re: Taxing District Boundary Change (ORD 396-95) Dear District: Final approval for Annexation No. 2004-36 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 oftax lots involved L Annexation processing fee $ 268.00 Total Amount Due $ 268.00 Please send remittance to: Department of Assessment 10 South Oakdale, Room 300 Medford, OR 97501 Respectfully yours, ~C.t~ Ann E. Cacka Cartography Manager Notice to Taxing Districts ORS 308.225 City of Ashland City Recorder 20 East Main Ashland, OR 97520 nOR 15-1113-2005 ~REGON ~~ DE~PARTMENT .OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem. OR 97309-5075 (503) 945-8297. fax 945-8737 c><:J Description [gJ Map received from: CITY On: 4/7/2005,4/18/2005 This is to notify you that your boundary change in Jackson County for WITHDRAW FROM JACKSON COUNTY FIRE DISTRICT #5 ORD.#2916 has been: c><:J Approved 4/20/2005 D Disapproved Notes: Department of Revenue File Number: 15-1113-2005 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: c><:J Change D Proposed Change The change is for: D Formation of a new district D Annexation of a territory to a district c><:J Withdrawal of a territory from a district D Dissolution of a district [J Transfer '-...l I I Merge [J Establishment of Tax Zone Taxing District copy - Copies to: County Assessor, Department of Revenue. County Commissioners or County Court/Boundary Commission (If appropriate) Notice to Taxing Districts ORS 308.225 nOR 15-1113-2005 ~REGON ~ DEupARTMENT '-OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Ashland City Recorder 20 East Main Ashland, OR 97520 ~ Description [g] Map received from: CITY On: 4/7/2005 This is to notify you that your boundary change in Jackson County for WITHDRAW FROM JACKSON COUNTY FIRE DISTRICT #5 ORD. #2916 has been: 0 Approved ~ Disapproved 4/8/2005 Notes: PLEASE SUBMIT MAP SHOWING MORE DETAIL. I SUGGEST USING AN ASSESSOR'S MAP. Department of Revenue File Number: 15-1113-2005 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: ~ Change 0 Proposed Change The change is for: U Formation of a new district o Annexation of a territory to a district ~ Withdrawal of a territory from a district o Dissolution of a district Transfer ; Merge U Establishment of Tax Zone Taxing District copy - Copies to: County Assessor, Department of Revenue. County Commissioners or County CourtlBoundary Commission (lfappropriate) CITY OF A.SHLAND Fax DATE: TO: FAX: FROM: RE: TOTAL PAGES: April 18, 2005 Carolyn Sunderman, Cartographic Program Specialist 503 945 8737 Barbara Christensen, City Recorder DOR 15-1113-2005 (Withdrawal from Jackson County Survey Map) 2 (includes cover) As requested, attached is the Map of Survey for the Withdrawal from Jackson County Fire District #5. Please let me know if you need any further information. Thank you, Barbara Christensen City Recorder CITY RECOROERlTREASURER 20 E Main Street Ashland, Oregon 97520 christeb@ashland.or.us Tel: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 r., ; ~~ . a~~ ~i ..~ ~I~ < ~ e~! ~ ~ l>, I. ~ ",_F / ~~. / "" . ." "',," / .~.~.<,,'? ~,,, / ..f<.f' A., /?" ~ / ~\.. I' 't.. ...... 'f~';.I' ~>:; -' " Ze~~r< // ,fi~~;/ ~;/I ,~.:" , ~. 4' P:~ ! ! ~ )< f> / /~:$' ~ 1?<q". ~;, ;/~, a~ ~ ~',^>), ",'" ;/ ;/ ~. ~ ~ .;/ <!', ;/ ;"!~-,i---------- -,(~ ~~ ~ .f';J~~~ ;/;/ ...r---------,...... '(... ' ('Ai'.,.;/ ._-/ d: '" > '\"" i';/ r / ;/ ,9 1~~;/ ~'\>.: ~ ~.':),;~~, ,!' / "'- ;/;/ ~ ,.....".'" <..,,';4.' ;/ ~,~' ;//\.>f> I ,::;"...' />i i ,~/. ~ i ' ~', i ,,'--.,,' '~~~ ~ " ,-.. .,. >(.. ....' ' ! ~. '''' :~ ~ '1<'" , I if'^'~ i ,~~ I~~'~ :f*'..y " ' ~~y \ '\ -:(f'/ ' ~bl-"'/ " "I ~~ ' ) ~ )< I ""'~.. ~. ~. - ~ . ~! ,~ j , i ~ . ;;\ ~ ~ ~ ~ IIUQ ~II II. ~ a~ m ~~ ~g~ ~~ r ~ i H v a~ ~~ ~i i ~I h ~ ) i~~ I~~ ~~i ~~~ J~ p~~ i..~ ;i ~ " ;ll@ h~~ l ~ ~! ~ ~ Il!l ~ ~ ~ ~ tr1 f< ~~ o , ~ <l ~ , .B~' ~ 11 ~~.~~ "1j .-~ ~...'" ~&tl ~ "1<1 ~ . 0 ~ ~ ~ ~~~ ~ ~ ~ ",;: @ 'Tj . ~. ~~~ .~~.~~. (f) I;;):V '. o~ ~;~~~ c:: .~~ ~ > ~ ~ ~>-~~ ::0 . l1:: ~.~ ~ ~ ~ .~ trl -< E 0 ~ / i E i : ; ( \ iI" \~ ~~I \, \. ~~I ~ '\ ,il ~/t ~\ \ i ~~l ~~~~~ \ ,,<A'I"'" ,\J\ .6%f,.~<;'~" +. ,,~., .."",; '''') .,-,,<f' ;/ ~I ,/ ,,yi/ 2~ ;/",," ~v ;/ ~8 ~~ ~ i~n ~ iiii i i!l; ~ ~_t! i I~!I IS; / / ;/ ~.. / ~~ H "I -, .. Il~ .,.. ~~: ~.. } !ll!, C1, 51" II. r i~i r m ~~ i ~ / .i 'i ~ ~~.,,~~ II!! i ".:~.orllif;; p II I~ p n~ Ii p ~ . ~ ~ I ~ I ~ ~~ s ~ II I h n H; I ~ ~ Hd a ~ i I r~n ~ t ~ iUp I I ~ ~ JJ . ~ ~ eJ ~~?5 ~ ~{!J---4- !~!'l~ t > 2 fn Bill Bradbury SECRETARY OF STATE -, OFFICE OFTHE SECRETARY OF STATE ARCHIVES DIVISION ROY TURNBAUGH DIRECTOR 800 Summer Street NE Salem, Oregon 97310 (503) 373-<l701 Facsimile (503) 373-0953 April 13, 2005 Jackson County Clerk Jackson County Courthouse 10 South Oakdale Avenue, Room 214 Medford, Oregon 97501 Dear County Clerk: Please be advised that we have received and filed as of April 8, 2005 records withdrawing annexed territory from special districts within your county. Order No. Our File No. Jurisdiction ORD NO 2916 SD 2005-0067 Jackson County RFPD No 5 ( E Main Schiess) Our assigned file number(s) are included with the above information. Please verify the effective date(s) for these annexations through the application of ORS 199.519. Sincerely, A^. - -G- (J ot-....J.... PC~--'C Linda Bjornstad Official Public Documents cc: OOOT /Highway Division Revenue Cartography Section Notice to Taxing Districts ORS 308.225 City of Ashland City Recorder 20 East Main Ashland, OR 97520 nOR 15-1081-2004 ~REGON \.~ DE"PARTMENT ~OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 ~ Description l6J Map received from: CITY On: 11/8/2004 This is to notify you that your boundary change in Jackson County for ANNEX TO CITY OF ASHLAND RES. #2004-36 has been: [:>:::J Approved o Disapproved 11/19/2004 Notes: Department of Revenue File Number: 15-1081-2004 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: [:8;J Change D Proposed Change The change is for: D Formation of a new district [:8;J Annexation of a territory to a district D Withdrawal of a territory from a district D Dissolution of a district D Transfer D Merge D Establishment of Tax Zone Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County CourtlBoundary Commission (If appropriate) OFFICE OF THE SECRETARY OF 8T ATE Bill Bradbury SECRETARY OF STATE ARCHIVES DIVISION ROY TURNBAUGH DIRECTOR 800 Summer Street NE Salem, Oregon 97310 (503) 373-0701 Facsimile (503) 373-0953 November 9,2004 City of Ashland City Recorder 20 East Main Street Ashland, Oregon 97520 Dear City Recorder, Please be advised that we have received and filed, as of November 9, 2004, the following records annexing territory to the following: Ordinance/Resolution Number(s) Our File Number ORD NO 2004-36 (Schiess & East Main) AN 2004-0235 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, J~cI~ &~ ~~;da Bjorn~ta! - - Official Public Documents cc: County Clerk(s) ODOT Department of Revenue Population Research Center ANNEXATION PROCEDURES CHECK LIST: LOCATION 3/5/ €Mr /YlIVAJ ..sr ....J. . 08 &J PLANNING ACTION #~RESOLUTION #_ fV~V' "2Ae( '~ JJOV. Ili~.,,,g. t-(~ ORDINANCE #_ DATE COMPLETED NOTE: Check with Finance on any proposed annexations during the period of May 20 through June 30. May effect tax benefits. Refer to ORS 222.040 - Delay of effective date of actions under this chapter because of election. ORS 308.225 - Description and map showing changes or proposed changes MUST be filed, or postmarked, with Department of Revenue no later than March 31, to be on the tax rolls for the next fiscal year. 1. Final description and survey map received from Public Works. (Send copy along with request of resolution to City Attorney, keep all other copies for filing) RESOLUTION No. 2. ..v P-t ".,tfuaUI t.UU.J ..()(.dvJt. LP~( Planning Department will coordinate date for annexation with Recorder. City Attorney will prepare resolution setting the date for a hearing. This resolution will direct Recorder to publish & post notices: Publish notice once each week for two consecutive weeks prior to date of hearing in newspaper of general circulation. b) Post notices in four (4) public places for period of first publication through date of hearing. ORDINANCE No. 3. At the time of the public hearing, council will consider ordinance proclaiming annexation OR authorizing annexation agreement. - -- - When adopted do the following: a) Mayor & Recorder sign the ordinance. If it is an authorization for an annexation agreement, file two certified copies in folder. No further action is taken on annexation agreements until annexation is proclaimed. DO THE FOLLOWING FOR PROCLAMATION OF ANNEXATION: b) Obtain copy of map. Map should include address of property annexed, which should be obtained from county records. If there is no address, notate on map. (ORS 222.005) c) Request original consents to annex from Planning. 3. Within ten (10) days of "DaSSal!:e" of ordinance by council (ORS 222.005), provide copies of signed ordinance, including map, by certified mail to all public utilities. 4. As soon as possible, transmit to Secretary of State with letter: (ORS 222.177) ~ ~ a) Certified copy of resolution setting th~ jlubl;" lu::arlng. ~1J,~ Certified copy ot:.Grd;"dftce proclaiming the annexation. ~ ,~(q ./ b) c) Certified copy (ies) of consents to annex. DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson Connty Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 JACKSON COUNTY oregon Information Drafting Personal Property FAX 541-774-6059 541-774-6095 541-774-6094 541-774-6701 City of Ashland City Recorder 20 East Main Ashland, OR 97520 Re: Resolution No. 2004-36 Dear City Recorder: The above referenced annexation into the City of Ashland has omitted a withdrawal from Jackson County Rural Fire Protection District No.5. I discussed this omission with the Oregon Department of Revenue, who strongly suggests that this omission be corrected. I will process the district change, moving tax lot 39IEI2-303 into the City of Ashland, with a copy of this letter to the file as evidence that you were notified ofthe error. Please feel free to contact the Oregon Department of Revenue if you have any questions concerning the withdrawal. Respectfully yours, ~ [: fltUhu Ann E. Cacka Cartography Manager CITY OF ASHLAND AprilS, 2005 Jackson County Surveyor 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (Ely Schless and Krista Johnson, 3151 East Main Street Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2916, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorderrrreasurer CITY RECORDERlTREASURER 20 . Moil S1nlet Ashland, Onlgon 97520 .WWW.ashland.OI..us Tel: 541-488-5307 Fax: 541-552-2039 TTY: 800-735-2900 1'4.' CITY OF ASHLAND April 5, 2005 Jackson County Clerk 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (East Main Schless Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2916, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. 1 trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorderrrreasurer CITY RECORDERtrREASURER 20E Main Str8et Ashland. 0Ieg0n 97520 'INN/.ashIand.or.us Tel: 541488-5307 Fax: 541-488-5311 T1Y: 800-735-2900 sr., CITY OF ASHLAND April 5, 2005 Jackson County Assessor 10 S Oakdale Medford OR 97520 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (East Main Schless Street Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2916, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. Sincerely, CITY RECORDERlTREASURER 20 E Main S1r8et Ashland, Oregon 97520 WWW.ashland.Of.US Tel: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 1'.' CITY OF ASHLAND AprilS, 2005 Secretary of State 142 State Capital Salem OR 97301 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (East Main Schiess Street Annexation). Enclosed are the following docwnents: 1. A Copy of Ordinance #2916, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDERlTREASURER 20 EMail Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-488-5311 TTY: 800-735-2900 ,., CITY OF ASHLAND April 5, 2005 State of Oregon Department of Revenue Assessment and Appraisal Division Salem OR 97301 The City of Ashland has approved withdrawal of certain contiguous territory from Fire District No 5. (East Main Schiess Street Annexation). Enclosed are the following documents: 1. A Copy of Ordinance #2916, withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorder CITY RECORDER/TREASURER 20 E MaIn Sl Ashland, 0Ieg0n 97520 www.....land.or.lIS Tel: 541-488-5307 Fax: 541-552-3059 TTY: 800-735-2900 ..111I ...'1 CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Ordinance No. 2916, withdrawing an annexed area from Jackson County Fire District No.5 (East Main Schiess annexation) 2. Legal description and map. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated this 5thd day of April, 2005. Barbara Christensen, City Recorderrrreasurer Subscribed and sworn to before me this _ day of ,2005. Notary Public for Oregon My Commission expires: ORDINANCE NO. 2--9 \ LP AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (El Y SCHlESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET ANNEXATION) Recitals: A. The owners of the property described in the attached Exhibit "A" have consented to the annexation of this property to the City of Ashland. The Council further finds no electors reside in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on January 4, 2005, 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 withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first READ on the 'OOk:D'~'.~ Barbara Christensen, City Recorder 4th day of Januarv ,2005, day of Januarv ,2005. SIGNED and APPROVED th's \ q day of JD..nu Q r ~_ ,2005. Approved as to form: ~tM.~ Mike Reeder, Assistant City Attorney - \~ yor ---'.' ..~-------- T - EXHIBIT 'A' ANNEXATION DESCRIPTION. .. A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County,.Oregon,.from which the . comer common to Sections II, .12,13 and 14 of ,said Township and Range bears South 15.22' 45" East, 400.60 feet; thence.alongthe southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North .39032' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly.line of East Main Street; thence along said southwesterly line, South 38043' 13" East,'210.0~ feet; thence North 510 16' . 47" East, 59.86 feet to the Point of Beginning. " " , . . . . . Apri119, 2004 . A'EG..ISTERED 'PROFESSIONAL LAND SURVEYOR .. k.G- OREGON . .lU\.Y.2&. ,jOG STUART M. OSMUS No. 2464 ~ L'il f.( -, . Pr!,p~~~~~~_erovided for information onIY~!1ot _s~Ieable 1.1 N A CITY OF ASHLAND ORDINANCE No.2.... 9 llt:> AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (El Y SCHlESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET ANNEXATION) Recitals: A. The owners of the property described in the attached Exhibit "A" have consented to the annexation of this property to the City of Ashland. The Council further finds no electors reside in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on January 4, 2005, at 7 p.m., in the Counli:i1 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 withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first READ on the a"dk:~'~'8~ Barbara Christensen, City Recorder 4th day of Januarv ,2005, day of Januarv ,2005. SIGNED and APPROVED this \ q day of J.O..nu Q. r tt- ,2005. Approved as to form: ~tA--t,~ Mike Reeder, Assistant City Attorney ----- EXHIBIT 'A' ANNEXATION DESCRIPTION' A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: .. Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County,.Oregon,.from which the . comer common to Sections 11, .12,13 and 14 of said Township and Range bears South ISO 22' 45" East, 400.60 feet; thence.along'the southeasterly line ofsaid parcel, North 50028' 00" Bast, 461.91 feet; thence along the northeasterly line of said parcel, North .390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 50028' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59.8Heet to the southwesterly. line of East Main Street; thence along said southwesterly line, South 38043' 13" ~t,'210.0.2 feet; 'thence North 510 16' . 47" East, 59.86 feet to the Point of Beginning. " . .. . . . . . . April 19, 2004 .IIEGISTfiRED 'PROFESSIONAL lAND SURVEYOR '. k.G- OREGON JULY.D. 1ll9O sTuART M. OSMUS No. 2484 ~ L. 11 -~--"--- .- -.--..-,-------...--. ------------...---... -. E'~erty line~rovided for information only, not scaleable I Ii I I' ! I, I N A --.-------,-.-..---- -1 CITY Of ASHLAND ORDINANCE NO. 2-9 llP AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (EL Y SCHLESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET ANNEXATION) Recitals: A. The owners of the property described in the attached Exhibit "A" have consented to the annexation of this property to the City of Ashland. The Council further finds no electors reside in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on January 4, 2005, 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 withdrawn from Jackson County Fire District No.5 pursuant to the provisions of ORS 222.111. The foregoing ordinance was first READ on the 'MA:D'~'~ Barbara Christensen, City Recorder 4th day of Januarv ,2005, day of Januarv ,2005. SIGNED and APPROVED this lCl day of JonUQftt- ,2005. Approved as to form: ~tM,~ Mike Reeder, Assistant City Attorney -- ~ -----------,-- -~---~...._~..~- EXHIBIT 'A' ANNEXATION DESCRIPTION. A parcel of land, lying across a portion of the Southeast Quarter of Section II and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being mOre particularly described as follows: .. Beginning at the most southerly comer of that certain parcel ofland described in Document No. 97-24726, Official Records, Jackson County, .Oregon,from which. the . comer common to Sections 11, .12,13 and 14 of said Township and Range bears South 156 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 39032' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 50028' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16'47" West, 59.81 feet to the southwesterly.line of East Main Street; thence along said southwesterly line, South 38043' 13" East,'210.0) feet; thence North 510 16' . 47" East, 59.86 feet to the Point of Beginning. " . . , . . . . Apri119, 2004 , IIEG.:ISTERED "PROFESSIONAL LAND SURVEYOR ., k. G-. OREGON , JU\.Y,2&. 1100 STUART M. OSMUS .No. 2484 ~ L. 11 ----r-..---~. _._-..~._._-_..._---- -, . PropertJ' lines provided for information only, no!s~leable j N A CITY OF ASHLAND ~ I I~ ~ ~ I~ I~ i~ Ie::> ~ ;'ii I~ z I~ 8 rn :D 15 o z o m " 0 -< .. :>- () () o c Z --I .. --I ~ r- c m en o :II ;; :::! o z r- 3: ;;j o "II c: :II o :r ~ l/l m o :II o m :II JJOozm< I .~~ ~ s: ~ 3: c: ~ s: > " ~ I\) c: C:oVln :II ~m:I: (') ~z. _ % ~~c ~ ... ~~gzr-o( m ~l1l!!l"""'O - .....o::u.,lt' rAozmz", ... '" m - ...--1 o ~ ,.., g 0 \wi :>- ;: o c: Z --I o ~ m _ <..n ~-~ CS'w 1"0 CITY OF ASHLAND Fax DATE: TO: FROM: TOTAL PAGES: December 9, 2004 Ashland Daily Tidings Barbara Christensen, City Recorder 2 (includes cover) Please publish the attached Public Hearing Notice on December 22,2004 and December 29,2004. Purchase Order #52892 Thank you, Barbara Christensen, City Recorder (541) 488-5307 CITY RECORDER"S OFFICE T 01: 541-488-5307 20 Easl Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 WlNW'.ashland.or.us r., RE-NOTICE OF RESCHEDULED PUBLIC HEARING The City of Ashland finds that the owner of the property described in the attached Exhibit "A" 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 January 4, 2005at 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 A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly corner of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the corner common to Sections 11, 12, 13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly corner line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 380 43' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. April 19, 2004 Publish: December 22, 2004 and December 29, 2004. By: Barbara Christensen, City Recorder CITY OF ASHLAND FAX TRANSMITTAL FORM DATE: November 4, 2004 TO: AsWand Daily Tidings - Legal Classified FROM: Barbara Christensen, City Recorderrrreasurer RE: Notice of Public Hearing Please publish the attached on November 23, 2004 and November 30, 2004 fO 6~~tt' CITY RECORDERlTREASURER 20 East Main Ashland, Oragon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 rA' NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. The Council further fmds that no electors reside in the tract to be annexed. Pursuant to ORS 222.524 a public hearing shall be held on December 7, 2004 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 A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly corner of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the corner common to Sections 11, 12, 13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly corner line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 380 43' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. April 19, 2004 Publish: November 23, 2004 and November 30, 2004 By: Barbara Christensen, City Recorder ~ \ " ~ 1&-' 1 · , ' " :~ r <~"'''-( ! " ( ! ,(60.... " ~ \ #....'8~ " /.$ ,\ A"~ , /4'!- \..".. 4~" ~~~;~ ~'>~\ . "'\.~ ....., " .,,"- Y-o %." ">.. ^", \ ~ ~o.>\. \.. ~ \ ,,"'::'-\ .,., '? \ 5 \1 /. '<~" ~ ~~ /. ,,~\: /. , ,.#-<.,<1'/ ,/~~\ ~ /./. ~' ." V'j; ...tf /rJ> "~-.,, " /.' ". .A,if' # oJ" /. /P' ~>'- 0," ' 4'" I'r ,. /.j/;~/. ~ f ~ <">..,,'- /. ?~ ....... /. ",if /. I ". ""-" "1,,,..........r. /. ,'" /S"" . .~..~ - ......\;;;.;d. ; ~ /. ~~ /.,-1" ~. >)<. < ' ~ /. /,->> /. ' ~ .. /. /. / .... - f 0 ~ ~.., ~.. /. ~ ~~. ~I ..f1i~ >( ,~~.. ~. ;g~ '\ ~... ~~ ~ ~~<~., ", ;; hi \, ""~. ;:-P:;'d' / ~ ~.I! ~~ ~. il,J~;Y ~// ~Ii~ , _.~ /;;;.,,# ...:;t k~hi ~ ..r' y ,J'~~ /.;." !l ~ / i:.. / / $.~f.'<v ;1. 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" ~~~l !! ~,,~ ~~i m t~ Q'~ ~.~~ VI.-o;iJj ~o-.:'" 0<. . . .~ ~. ! ~ " ,; ~ w " ~ RESOLUTION NO. 2004- 3"1 A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (EL Y SCHLESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET) THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The City of Ashland finds that the owner of the property described in the attached Exhibit "A" 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. SECTION 2. Pursuant to ORS 222.524 a public hearing shall be held on December 7, 2004 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. SECTION 3. The city recorder is directed to give notice of the hearing as required by ORS 222.524(2). This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this ~ day of J!~ , 2004. ~ ~~~~~ Barbara Christensen, City Recorder SIGNED and APPROVED this 3 day of IlIJ1J.tJubr ,2004. ~k1~~ Cate HartZell, Co cil Chair Reviewed as to form: l/\./\.. f/\.A-- ~ Mike Reeder, Assistant City Attorney CITY OF ASHLAND State of Oregon County of Jackson ) ) I, Barbara Christensen, City Recorder/Treasurer for the City of AsWand, 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 AsWand, see attached exhibit "A"; East Main SchIess Annexation in four (4) public and conspicuous places in the City of Ashland, Oregon for two successive weeks beginning on November 23, 2004 through December 7, 2004, 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) d postings were done as aforesaid by direction of the City Recorder. Barbara Christensen, City RecorderlTreasurer This instrument was acknowledged before me on 1irv-. 6, J. 00 fny Barbara Christensen. f1 . ~J-?-1A--vJ blic for Oregon My Commission expires: f-c, - (} (, . OFFICIAL SEAL . SONJA N AKERMAN \ i NOTARY PUBLIC. OREGON ....... ....... COMMISSION NO. 355829 MY COMMIS~ON mmES APRIL 6. 2006 DEPARTMENT HERE Street Address Ashland, Oregon 97520 www.ashland.or.U5 Tel: 541488-6002 Fax: 541488-5311 m: 800-735-2900 r., NOTICE OF PUBLIC HEARING The City of Ashland finds that the owner of the property described in the attached Exhibit "A" 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 December 7, 2004 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 A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly corner of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the corner common to Sections 11, 12, 13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 390 32' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly corner line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 380 43' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. April 19, 2004 Publish: November 23, 2004 and November 30, 2004 By: Barbara Christensen, City Recorder CITY OF ASHLAND November 3, 2004 Secretary of State 142 State Capital Salem OR 97301 The City of Ashland has approved annexation of certain Gontiguous territory to the City of Ashland (East Main/Schless Annexation). Enclosed are the following certified documents: 1. Resolution #2004-36, annexing the area. 2. Legal description and map. 3. Consent to Annexation. I trust that this will comply with the filing requirements as set by State Law. Sincerely, Barbara Christensen City Recorderrrreasurer CITY RECORDERlTREASURER 20E Ma~ Slleet Ashland, OIegon 97520 www.ashland.OC..us T 01: 541488-5307 Fax: 541488-5311 TTY: 800-735-2900 ~4" .,-~ CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Resolution No. 2004-36. annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. (East Main Street Annexation) 2. Legal description and map. 3. Irrevocable Consent to Annexation. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated this 3rd Barbara Christensen, City Recorderrrreasurer Subscribed and sworn to before me this 3r< day of ~, ,2004. . OFFICIAL SEAL SONJA N AKERMAN , i NOTARY PUBLIC - OREGON ..... ,.," COMMISSION NO. 355829 MY toMMISSIOII EXPIRES AP1IL &, 200& Jr.. aI~~ lie for Oregon ',.'. .~, .. ,- _.. c/- (r 0(., My Commission expires: 0357556 ENg~~~~Hrii~ON CE~rrIFIED IRREVOCABLE CONSENT TO ANNEXATION COpy J ( I J _. - ., The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connection from the property to the water and sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of AsWand or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this~~ay OfSR~,.ft\hOr,~ Signature: State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named v..1'\S\c.. -:JO)h"'S,o<\ ~C~S;?Wledged the foregoing instrument to be his voluntary act and deed. . OFFICIAL SEAL . MELANIE WILDER \ i NOTARY PUBLIC. OREGON ..... .'--- COMMISSION NO. 354094 - MY toMMISSUIN IXPRlfS JAN. 18. 100S r<\0)C'.~. ~'..~hr Notary Public for Oregon My Commission expires:~OU'\ .~ 1~(1 (c:\engineer\.dot) ... ..03 57556 , , ... ;. t. . ; I. EXHIBIT . A. . . CER'TIFIED COpy The laud rr4cn..d to in ibis rep0rt/p0llcy Is situated in 1be Stato of Oregon, Olunty of JacboD IIld Is described IS follows: 97-24726 np~nzlPT1nN' ~ CommcacJng at tbe East-&lutbeast comer of Dolllb LaIId QaIm No. 52. TOWDSbfp 39 Soulb, Rqe 1 East of lbo W1l1.mClto MerIdiaD, .JacboD County. Oregou; Ib_ West 1391.8 feot; 1beDco Nor1b 1233.3 feet to a 518 iDcb IrOD piD located 011 the Norlheastedy bo1u1dIry. of East MaiD StJeet. for the true potut of bqfn'"'1g: theoce Norlh SO" 28' East, 461.91 feet to intenect the Southwesterly bolmdary of the aty of "."1111d AIrport pioa-'fY. IS described lD Volume S76, PIF 172, ladcsoD CollDly, 0reg0D, Deed Reaxds; Ibeace aJooa said airport property bolUldary, Nor1b 39"32' West, 210.0 feel; 1beDco South SO" 28' West, 460.0 feet, moce or Ie&&, to the Ncntheu1crly bolUldary of East Main Street; thcDc:e aJoog said Slnlet bolmdary. Soulb 38" 44' East, to the ne poiDt of ~Ing. ;'1 { E \ d- 03 5'1556 Jackson County, Oregon Recorded OFFICIAL RECORDS AUG 2 2 2003 1()~5~ . ~~ljN)~LERK JaCkson County, Oregon Recorded OFFICIAL RECORDS JUl 01 1997 ~",jit~~ COUNTY CLERK I ~ P8se~4I' en -.110123 'J-/ f CITY OF ASHLAND November 3, 2004 Jackson County Surveyor 10 S Oakdale Medford OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (East Main/SchlessAnnexation). Enclosed are the following documents: 1. A Copy of Resolution #2004-36, annexing the area. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. Sincerely, ~ Barbara Christensen City Recorderrrreasurer Enclosures CITY RECORDERlTREASURER 20 East Main Ashland, 0Ieg0n 97520 www.ashland.or.us Tal: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 r.l' JACKSON COUNTY oregon FAX ne: ll41-774-8071 COVER SHEET To: FlUe #: Subject: Date: PllieS: Barbara Christensen 541-552-2059 Annexation Processing Fees May 21, 2004 3, including cover sheet Jackson County Ordinances are on line. Go to the Jackson County's w www iacksoncountv.ofi On the right hand side of the .(:COOn you will down "Ccnmty Ordinances", click this. Go into 02 Administration Cod give you tlIe original Qrdinance for the counties .tee structure. eat the: fourth button .211 Fees. This will Attached is a front copy of ORDER 396-95, This is when we first start loses with the processing oftaxing district changes (originally titled reviewed each year and adjusted when needed. For the 2003-2004 year we have charged: Reviewed/Single Landowner ReviewedlMulti Landowner Additional Reviews As Needed No Rc:vi.ew $253.00 $439.00 $16.00/15 min. $244.00 The: annexation for the City of Ashland was without review. the cost for x; essing falling into I the ''No Review" category, CONFIDI!NTIAIIIY NOTICE, 'I1lIS MESSAGlllS INTIINDIID ONLY FOR THE USE OF THE D WHICH rt IS ADDRESSED AND MAY CONTAIN IN'FORMATION THAT IS ~IID, PIlOlo( DISCLOSulU! UNDER APPLICABLE LAW. IF THE RBADEIl OP THIS MESSAGE IS Oil THI! EMPLOYEE OR AClENT RESPONSIBLE POI. tlIlLlVEIlING THE MESSAGll TO THE AlUl HEIll!JlV NOTIFIBD lllAT ANY DlSSBMJNA TION. DISTlUBtlTION. OR. COPYlNG OF STRICTLY PROHIBrtED. IP YOU HAVE RECEIVED THIS COMMUNICATION IN 1!1Ul.Oll, P IMMBDIATBLY BY 'nLllPHONB, AND kETUllN THE OIUGINAL MESSAGE TO us AT THI! u.s. POSTAL SEll\llCE. llf6JIIK Y9U. UAL OR ENTITY TO L, AND EXEMPT INTJlNJ)IID RBClPIBNT lID PJlCII'IENT, YOU OMMtINlCATlON IS NOTIFYT.JS ADDRESS VIA THE SOO/LOO I!I r.7.)R~JJI~C VY..I 7"'''1 "f'I(',~f'''I('''' CITY OF ASHLAND November 3, 2004 Jackson County Assessor 10 S Oakdale Medford OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (East Main Schless Annexation). Enclosed are the following documents: 1. A Copy of Resolution #2004-36 annexing the area and providing for an effective date. 2. A legal description and map. I trust that this will comply with the filing requirements as set by State Law. ~ Barbara Christensen City Recordertrreasurer Enclosures CITY RECORDERlTREASURER 20 East Main S1nlel Ashland, Cllegon 97520 WWN.ashland.Of.us Tel: 541488-5307 Fax: 541-552.2059 m: 800-735-2900 r., CITY OF ASHLAND November 3, 2004 State of Oregon Department of Revenue Assessment and Appraisal Division Salem OR 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (East Main Schless Annexation). Enclosed are the following certified documents: I. Resolution #2004-36, annexing the area. 2. Legal description and map. 3. Consent to Annexation. I trust that this will comply with the filing requirements as set by State Law. ~~ Barbara Christensen City Recorder/Treasurer Enclosures CITY RECOROERlTREASURER 20EMail St Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-li52-3059 TTY: 800-735-2900 r.l' CERTIFICATE OF CITY RECORDER State of Oregon County of Jackson City of Ashland ) ) ) ss. I, BARBARA CHRISTENSEN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: I. Resolution No. 2004-36. annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. (East Main Street Annexation) 2. Legal description and map. 3. Irrevocable Consent to Annexation. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated this 3rd day of November ,2004. ~~ Barbara Christensen, City Recorderrrreasurer Subscribed and sworn to before me this.oS nJ day of ~~2004. . OFFICIAL SEAL SONJA N AKERMAN , i NOTARY PUBLIC - OREGON \. .... COMMISSION NO. 355829 .. MY COMMISSION EX1'IIIES APRR 6. 2006 1../71 aJv-v""~./~~J Notary ic for Oregon ~-t--Of,;, My Commission expires: .~.,.,.~..' CEf1TIFIED RESOLUTION NO. 2004;& COpy A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FORAN EFFECTIVE DATE. (ELY SCHLESS AND KRISTA JOHNSON ANNEXATION, 3151 EAST MAIN STREET) RECITALS: A.. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners ofthis property have consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on April 1, 2003. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with As~al Code ,~2. . 90 duly PASSED and ADOPTED this J day of 4. ~ Barbara Christensen, City Recorder SIGNED and APPROVED this 3 day of.4/X1~004. Reviewed as to form: vvv( VV\ . ~ Mike Reeder, Assistant City Attorney CEfrrlFIED COpy EXHIBIT 'A' ANNEXATION DESCRIPTION A parcel of land, lying across a portion of the Southeast Quarter of Section II and the Southwest Quarter of Section 12 in Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which.the comer common to Sections 11,12,13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North - 39032' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59,81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 38043' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning, April 19, 2004 REG..ISTEPlED -PROFESSIONAL LAND SURVEYOR k.G-- OREGON .JULY 2&. ,lllIO STUART M, OSMUS No. 464 ~ L 11 v n ~fn I -,t:""'~ ...,. ~~ I(tlJ-i ,,- <:!! m C /IfF''} 'r..- , t ,,~,~"''':J ~. " ,. ",,' . ~. "'.' . '.'" .-: .,. . . ~I ~ ~~ I~I ~ ,,~~I~ ~ ,.!,ijl ~II ~f'.;'// // 1"":: / ifP' !I uga>~.. ,;' /( " · 1'" 'it>' '" /" liU .' . . A./'Rl~ /11 K I!l ;l .. ;f~'?::'i 'I .~' II; I, "')< 'Pi!1 !! ~ ., .,. , ' /" Ii'! /-" I . "'~~ >. ~ I ,/' .' , ..~~_; " I. l ! -",;;" / " ~., ~~, '1,;~Y' ~ ft' /7 ' ~'\~..... ~<'Y~,...~~" / I'.......' 7,6'4<' / ~, ..... '" '\ /7\.'" /. , I''''\.'' ;>( V..J-,/$> i '\~ / ~ .",. .' ... \. f ,,'\,'\, I \. ~ " '~~~' '\'" "0- ,," '\ '\. ~ ~~~ #~~;..., ..it'" ~ "\ ~ . ,'\ <o';!<>/ ' '\ ~/ ' c~ /' I" ; ~ ~ )"t-- ~ 1 ' ~ ,~ i ' \ i ~ I" ~ ~ ~ ~ II ~ I ~I =~ I < . >.~ i~~ ~~i ~i~ !~~ i~~ .~i IJ~ i IhU~ i ~~ ~:< ~~ I-i Iii:; ~ ~~~ 8~;~~ ~ 0 S!1lE; ~ :; 1<l.'1~ ~ ~. "Ij 'l!:I!~ ;l> ~~ n.'" le~ "'~ Ul ~~~ ~~~l'l c: ~ ~ s_~~ ::0 ~ ~i;!.~~ -< .~ ttj ><: ~ ~ ~ / . ~ s i ~ ~ ; ( \ -\'<' \~ ~~: ~ ~ 1 ~. \ !Ij '\ t' '" ~ ~'" ~~\~.. -;.# A\i ~ /~Jr ~~ Ii j ,/ ~yf; d. / /of" I~/ / b~ ~ illl i illi ~ ~fi~~ l }ltl lU 18; ) i~ - 1 t i ~. ~~ I~ ! il / / ~., / ~ ~~ :1 "I ~l~ ~ ~~: FJ" } !m' Il~ r i~~ r p~ ~a. i~ I / J ;; ~ I Hq'~~ III' ~ .'lioofl': . II f;; I P Illl P !! I II II Ii : II n Ii; ! ~ " Ih~I~1 I I ~~ pl. ~ iU;i I I ~ ~ :Jl ~ l:9 . d ~-..- hl:9 Z Pl'l i ~ m -- r'; ENg~~~~~~~~ON CE~rrIFIED IRREVOCABLE CONSENT TO ANNEXATION COpy I ( I I 03 57556 The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connection from the property to the water and sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this~~ay OfSl~hor,~ Signature: State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named \\('\~\c. J~l\<;:.o(\- ~c~~wledged the foregoing instrument to be his voluntary act and deed. . OFFlGIALSEAL . MELANIE WILDER \ i NOTARY PUBLIC. OREGON \'" ". COMMISSION NO. 354094 .' IlYCllMMISSlGIIEXl'lIIESJAll. 18. IDDB 0\~(\.^.. \. )'.~lor Notary Public-for Oregon My Commission expires:-:\~.~ ~~ . (C:\eDlincer\.doc) "0'. ... ,'; . t. i .~- .03 5'1556 . EXHIBIT "A" :' I. . . CERTIFIED COpy The Iud Iefwml to In this roportIpoUcy Is situated ill 1bo State of OmsOll, County of JacDoD aod is cIcscrfbccl II follows: 97-24726 np.$:t'!Rl'P'11nltl mIRRT CommoucJna at tbo But-soutboast comer of DonatioD LaDcI QaIm No. 52, Tovmsbfp 39 Soulb, RaIIgo 1 But of 1bc W111.meuo Meridian, JadaIoD County, Oregcm; thtlDCC West 1391.8 fool; 1btlDCC Nortb 1233.3 toot to a SI8 iDc:b troD pin located OIl tbo Norlbeasterly bouodiry of East MIlD Street, tor the 1rlIO point of bllglnnl'l8i thOllCO Nortb SO" 28' Bast, 461.91 feet to iDleIsect the Soutbwcstcrly bouud.uy of tbc aty of J\."lmd AUport I"O~, II cIcscrfbcclln Volume S76, Pap 172, lacksou CoI1llty, 0reg0D, Deed Rccordf; theoc:e aJcma &aid airport property bollDdary, Nor1b 39"32' Wcs!, 210.0 foot; 1bCDcc South s0- 2&' West, 460.0 teet, mace or less, to tbo Nortbeastorly bollllduy of East Main SIloot; tboDCO aJoug &aid Street bouDdlIIy. South 38" 44' Bast, to the true point of begimdug. ;'{ ( 1:: \ d- 03 57556 Jackson County, Oregon Recorded OFFICIAL RECORDS AUG 2 2 2003 I () ~ 3" AIV'I. . ~lIl"~M~&~ COUNTY CLERK JaCkson County, Oregoll Recorded OFFICIAL RECORDS JUl 01 1997 ~,..~it~~ COUNTY CLERK I P8s0yf.v" en "'110J.~ 'J-/ i I RESOLUTION NO. 2004;& A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (EL Y SCHLESS AND KRISTA JOHNSON ANNEXATION, 3151 EAST MAIN STREET) RECITALS: A. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners of this property have consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on April 1 , 2003. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with AS=:iPal Code .~2. . 90 duly PASSED and ADOPTED this ~ day of 04. ~ Barbara Christensen, City Recorder SIGNED and APPROVED this 3 day of41A?~004. Reviewed as to form: Ci vvvt VV\ , ~ Mike Reeder, Assistant City Attomey CITY OF ASHLAND ENGINEERING DIVISION I ( I I 03 5'1 SSG IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connection from the property to the water and sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this~~ay ofS~hor,~ Signature: . State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named \\('\<;'\c.. :lvhl\~(\- ~C~~Wledged the foregoing instrument to be his voluntary act and deed. r'\~C"'.~.. ~..~}.or Notary Public for Oregon My Commission expires:'S"~ .~ \~Q, . OFACIALSEAL . . MELANIE WILDER \ ! NOTARY PUBLIC. OREGON \" ..i COMMISSION NO. 354094 '.' MY COMMISSllIli EXPIRES JAN. lB. 1006 (c:\engineer\.doc) I , ., .03 57556 . EXHIBIT . A' ; I. 97-24726 np$:C'!RnrnnN ~ The laud RfenecI to in ibis reportlpolicy is lituatcd in !be State of Oregon, County of Jac.IaJoQ IIId is described IS fol1ows: Oxmneoclog at tbe East-8ouIheast comer of DonatioD Lmd ClaIm No. 52, Tovmsbfp 39 Soulb, Range 1 East of1be Will,,,,. MeridiaD, "'..~ County, Oregon; thooco West 1391.8 feel; thooco North 1233.3 feet to a 518 ilIcb iroD pID located 011 tbe Norlheuterly bolUldUy of East MaID Street. tor Ibe lr1Ie point of beginnl... IbClllCe North SO" 28' East. 461.91 feet to intellect 1be Southwostcliy Ixnmdazy of tbe Cty of JhhlmJ Airport I"OI"'lfY, IS described in Volume S76, Pqe 172, JuboD Coooty, Oregoa, Deed Records; Ibeoc:e alons said airport property bouudary, Nortb 39"32' West, 210.0 feet; lbeJIce Soulb SO" 28' West, 460.0 feet, _ or leas, to the Nortbeuterly bolUldUy of East Main Succt; 1bcoc:e aIoIlg said Street boIUIdUy, Soulb 38" 44' 1lIst, to Ibe true point of begjnnl,,&. ;'t ( E \ d- 03 5'1556 Jackson County, Oregon RecordedpOFFICIAL RECORDS AUG 2 2 2003 I () ~ !t.f /lNJ. . ~1I"~>4~.~ COUNTY CLERK / ro Pago ~ .J en - 110123 JaCkson County, Oregon Recordecl OFFICIAL RECORDS JUl 0 1 1997 ,<~,.,jiJ~~ COUNTY CLERK 'J-/ EXHIBIT 'A' ANNEXATION DESCRIPTION A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range I East of the WilIamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the comer common to Sections 11, 12, 13 and 14 of said Township and Range bears South 150 22' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 39032' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 38043' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. Apri119,2004 AEGISTI!REO 'PROFESSIONAL LAND SURVEYOR ~. G-... OREGON .JULYD, tf80 STUART M. OSMUS No. 2484 1!IcpI_ L 11 i \ \ ~ ~, z. :~(~< I ~ " ,4I-o~ "if \ ~ , /..;4!' \. \ At-~ , ",-"" \. '\ ~ /.';1-'> ~~~g~ ",>~, . ""~~ "" ." " %.' \, ""~~ "- ~ . ' +~, i 9 ~ ,"~ ' · ! ~ ~. ~< , ~ .~/ <~', ~ / / ~,\.,' / , /1'/ '~~4!t /1 ~oP- ...,.0'" ,/. ,~'?-~\ li! / 'if> :9 .y ,,, h ~ ....... :'" <{ ,,' ",~ ..,J .,." / ,,0 "i,'"'''''' 4<' ........ 7//~ !.. ,~'\. / 'if:? /<.'/5/ ~' ~" ~".,,:<-----------,------', / ,of' h.... · . ~~ ..""- - /-/-;;;;"" . ~ / ~~ /,.{f' ~ . ~- ';><.. -- . ~ <1'",0" /' · ~.o / / / <jJ''' ' ~ ..~ ~"/~b ~ .I~ ~~ ,.e;$~ >('~ ;. ;~~ '\", ,~i ~ ~.;1Y"' ;i .!!il .. ,,0 /. :;(-:;;/ / .~~ '. - {If ~-;:%'/ / ~~~ +_ 7~~/ /~~ .;1~;t~ ~~IU , y/+tI'" //, ~ -"'~ ,',.~~ ,;.,' ~ ~".( / iI V / ~,~oto'" "/. ""}'" / rI."J~' ;la ,/,P" ~ ~l~ I ~~~ i! i ~ ~ < ~ &l' - ~@~~ -'4JI-g~ ~ , fil ~ II: ~ I I dUI i l ~ H ~~ ~ i ; ~ n .d ~ ~ ~ .i ~ ~ ~ h ~ I ~ ~ i. ~~ ~ ~ ~ ~~ e ~ I ~ ~ WI ~ ~n ~ hh n I 'j!IIJo.i,~ i iill __.hq I~ ~~ .~ " . ~ . " / ~ ~i .0 ~~~ -' <" j~~ ~ :11 dCm ( :;lll:i <lIu.o ' dil :o<..{ .' f~ / #>~. / . j " ,"'. < - f / / / Il tC'\}<&!/ ( il ~p "" h f .,.<,,,,,/ ~;;/~~$ '<; " f;~ I~: \ '" f ~: " ~ I}. ~~ \\ I~~ ~~ ~\ '* \~ .. )! ~-..~ '", :\. " :\ / ~ 9 ! >- ~ I;( i> ~q~ ,.; ~ ~ -;;' i=; ~EU~ ,..J ~~~.~ rr. III Q: Q Vi · ~ ~ ~~: ~ @ .,"'~~ O g :;'-~q ~ ~~~;~ p.. ~ h ~ ~ <: dh~ ~ ~ ~ ~ ~ ~ 'I- Ol ~u ~~~ ~ i~~ ~~~ ~-i ~ < ol ~ o ~~ ~i::' ~.~ ~ ~ ~ IUl ~ ~ ~~d -< 52 ~~ ~~ ~g: >- ~ ~ ul rill .~~~ U~ij ~~I. g~~~ .~~.. ~~al - ~ !~ ~.i @~~ ~~~ ~;~ ~~~ ~.~ ~~! ~"':Vl ... ~ ~ I . ~ f > I .~ ~. o ~ " " ~ ~ " ~ Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals Page I of I 222.125 Annexation by consent of all owners of land and majority of electors; proclamation of annexation. The legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. [1985 c.702 g3; 1987 c.738 gl] Note: 222.125 was added to and made a part ofORS chapter 222 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ~~(~ (W fO\dtc ~~ r~([d.. (lD ~ pa.yffes.A.Alf o12veJ http://www.1eg.state.or.us/ors/222.html 11/1/2004 ------,-- BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON April I, 2003 IN THE MATTER OF PLANNING ACTION #2002-089, A REQUEST FOR ANNEXATION OF A 2.2 ACRE PARCEL LOCATED AT 3151 EAST MAIN STREET. THE REQUEST INCLUDS A ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING EMPLOYMENT (E-I). ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) APPLICANT: Ely Schiess and Krista Johnson ----------------------------------------------------------------------------------------------------------- RECITALS: I) Tax lot 303 of 391E12 is located at 3151 East Main Street at and is proposed to be zoned E-I (Employment). 2) The proposal involves a request for Annexation of a 2.2 acre parcel and a Zoning Map change from Jackson County Zoning Rural Residential (RR-5) to City of Ashland Zoning Employment (E-I). 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. B. C. D. , . E. The land is within the City's Urban Growth Boundary. 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 land is currently contiguous with the present City limits. 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 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. 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 of the 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 shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation 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 of 90% 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, flood plain corridor lands, or slopes greater than 35%, shall not be included. G. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. 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-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; 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. (ORD 2792,1997) 4) The City Council, following proper public notice, held a Public Hearing on April I , 2003, 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 recommends 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 Ashland'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 designations indicated on the Ashland Comprehensive Plan, while the proposed light manufacturing business is an allowable use 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 south property line. 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 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. Sewer, water and electric service will be extended to and through the project. Water and sewer lines are located in the East Main Street right-of-way adjacent to the parcel. The water line will be extended across the full length of the property frontage. The sewer line is on the north side of the street and currently is in place along the full length of the property frontage. Electric lines are available directly to the south. Run-off from the development will be directed to an area to the rear buildings and parking area. The storm water dispersion and treatment is required to be engineered and constructed in accordance with the standards of the Ashland Public Works Department. In addition, a direct discharge of storm drainage into Neil Creek requires a permit from the Oregon Department of Environmental Quality (DEQ). E. Adequate transportation can and will be provided to and through the subject property Street improvements are required upon annexation with the degree of improvement based upon the street's location relative to the annexed area. In this case, East Main Street is currently improved to Jackson County's standards. The pavement and travel lanes meet City of Ashland standards. A bicycle lane, curb, planting strip and sidewalk will be installed along the property frontage so that the street in this location meets the city standard. 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 of 90% 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, flood plain corridor lands, or slopes greater than 35%, shall not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all residential annexations of four units or greater: I. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. This section does not apply to Annexations involving commercial and industrial lands. H. One or more of the following standards are met: 2. The proposed lot or lots will be zoned E-I 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-I. At its meeting of February II, 2003 the Planning Commission approved a Site Review application to construct two buildings, each 4,000 square feet in size, for light manufacturing use. -1-- 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 # 2002-089. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) A boundary survey and a written description of the property boundaries including the East Main Street right-of-way shall be submitted for review and approval prior to completion of the annexation. 3) That the amount, quantity and type of fill in the I OO-year floodplain for Neil Creek shall be determined by an Engineer and a report submitted to the Ashland Planning Department prior to completion of the annexation. If earth-moving activities involving more than 20 cubic yards have taken place in the floodplain, a Physical and Environmental Constraints Permit in accordance with Chapter 18.92 of the Ashland Land Use Ordinance shall be obtained prior to completion ofthe annexation. The development on the parcel in the floodplain shall be brought into conformance with the requirements of 18.62.070.A prior to completion of the annexation. 4) That the areas of raw material, rocks and fill dirt, that have been placed in the floodplain throughout the back portion of the lot shall be removed prior to completion of the annexation. 5) That the application shall be reviewed by the Airport Commission prior to completion of the annexation. CITY OF ASHLAND, OREGON By: Alan DeBoer, Mayor Date RESOLUTION NO. 2004;& A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (EL Y SCHLESS AND KRISTA JOHNSON ANNEXATION, 3151 EAST MAIN STREET) RECITALS: A., ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners of this property have consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on April 1 , 2003. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with AS=:iPal Code .~2.0 90 duly PASSED and ADOPTED this ~ day of 04. ~ Barbara Christensen, City Recorder SIGNED and APPROVED this .3 day of4tA?~004. Reviewed as to form: di vvv( VV\ , ~ Mike Reeder, Assistant City Attorney CITY OF ASHLAND ENGINEERING DIVISION II 1 I - -- 03 57556 IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the application for annexation and subsequent connection from the property to the water and sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this~~ay ofSRFhO r,~ Signature: . State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named \{('\<:,,~ "SQ)hl'\~(\- ~cl&~Wledged the foregoing instrument to be his voluntary act and deed. OFFICIAL SEAL MELANIE WILDER NOTARY PUBLIC. OREGON COMMISSION NO. 354094 MY COMMlSSIlIN EXl'lRES JAN. IS. 2006 r<\~('.~. L-.J".~hr Notary Public for Oregon My Commission expires:'S~.~ I~Q, (c:\engineer\.doc) EXHIBIT 'A' ANNEXATION DESCRIPTION A parcel of land, lying across a portion of the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12 in Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which the comer common to Sections 11, 12, 13 and 14 of said Township and Range bears South 15022' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 39032' 00" West, 210.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 38043' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. April19,2004 REGISTERED 'PROFESSIONAL LAND SURVEYOR tI--\. G-. OREGON . .JULY 2&. ,0ll0 STUART M. OSMUS No.4 ~ L 11 RESOLUTION NO. 2004- 6\ A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (EL Y SCHLESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland finds that the owner of the property described in the attached Exhibit "A" 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. SECTION 2. Pursuant to ORS 222.524 a public hearing shall be held on December 7, 2004 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. SECTION 3. The city recorder is directed to give notice of the hearing as required by ORS 222.524(2). This resolution was read by title only in accordance with Ashland Municipal Code ~ 2.04.090 duly PASSED and ADOPTED this ~ day of Jl~ , 2004. ~ ~~.J Barbara Christensen, City Recorder SIGNED and APPROVED this .3 day of Il~~ ,2004. ~~~~ Cate Hartiell, Co cil Chair Reviewed as to form: LA/\.. //VI-- ~ Mike Reeder, Assistant City Attorney RESOLUTION NO. 2004- ~l A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (EL Y SCHLESS AND KRISTA JOHNSON, 3151 EAST MAIN STREET) THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. The City of Ashland finds that the owner of the property described in the attached Exhibit "A" 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. SECTION 2. Pursuantto ORS 222.524 a public hearing shall be held on December 7,2004 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. SECTION 3. The city recorder is directed to give notice of the hearing as required by ORS 222.524(2). This resolution was read by title only in accordance with Ashland Municipal Code ~ 2.04.090 duly PASSED and ADOPTED this ~ day of J!~ , 2004. ~~~ Barbara Christensen, City Recorder SIGNED and APPROVED this .3 day of I/IJI)~ ,2004. ~~~d( Cate HartZell, Co cil Chair Reviewed as to form: V\../\.. V\A-- ~ Mike Reeder, Assistant City Attorney EXHIBIT 'A' ANNEXATION DESCRIPTION A parcel of land, lying across a portion of the Southeast Quarter of Section II and the Southwest Quarter of Section 12 in Township 39 South, Range 1 East of the WilIamette Meridian in Jackson County, Oregon and being more particularly described as follows: Beginning at the most southerly comer of that certain parcel of land described in Document No. 97-24726, Official Records, Jackson County, Oregon, from which.the comer common to Sections II, 12, 13 and 14 of said Township and Range bears South 15022' 45" East, 400.60 feet; thence along the southeasterly line of said parcel, North 500 28' 00" East, 461.91 feet; thence along the northeasterly line of said parcel, North 390 32' 00" West, 21 0.00 feet; thence along the northwesterly line of said parcel, South 500 28' 00" West, 458.98 feet to the most westerly comer line of said parcel; thence South 510 16' 47" West, 59.81 feet to the southwesterly line of East Main Street; thence along said southwesterly line, South 38043' 13" East, 210.02 feet; thence North 510 16' 47" East, 59.86 feet to the Point of Beginning. April 19, 2004 REGISTERED "PROFESSIONAL LAND SURVEYOR ~.G- OREGON . JULV2&. 1~ STUART M. OSMUS No. 2484 I!lcI>lrel! L -z . " ~ ; ~t Id ~: ..'I' ~i~ i "i> ~f~ ): .,.1i' // '1'..-:-/ ~ · "'~/ l"-:, ~ · " #' /'q. - ., ~iU~ /,~~ ,>::-' - ~~ m ~ ~F/,,~t< lih i~ // /;:f,./:'Rl/ -t/I "~---"" \. III -~. 4" ~ I ~~ ' Ii: ~.. ~)< :f'~ I! l I ~.?" ~i . ..~...::.... x:' ~~ ~ ~ ,,(Y ;&~ / / ~ _ .../.r;;.... {" ~ ~ ~ ~ ? ,/ / e.""'..r- Iff!: / '" 'l,,, ' ~ f ~ / ~,~ / ," 1'~'P ,"-.." ~ ~.,/~/.4-" , ~ / t ".., 7",.'"'/#" // ~ ,~' /X i ',~ / ~ j '\ .-&"\ f ' '\.'-...' I \. ~ " '~'t~ " ,'" '" ,,"" , \. '" '''' ~ ~~~ .;tii~~ ...,,;\,y "!." 'iF7 ' ~.y " ~7 ' A' ,... \. ~ ,,,,,1'" ' .( ~ ~\&i> . i ,... - ~ " . ~! ,~ ? ' ~ ~ . ~ ~ ." ~ ~ ~I~~ ~ i*m h~~: ~ ~~n uhd ~ ~h .~~.....~ [fJ ~~~ ~~i~~ c:: ~~ ~~_~i::O ~ ~~;:" <: ~ ... trI ><: ~ 6 ~ / ~ ~ i : i ( \ .}- \~ iii ~~I "\ ~~ ~~I '" '\ ~~ Y ~.. \ ! II (/ '~. .. ~ ~ ~ \ ...../ / II ,/ ,,/ il /.... ~ Y / d ~~ ~~ f ~t ~~ I < ) ..~ i~~ 5!,~ 6~~ ~i~ ~~il I." 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