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HomeMy WebLinkAboutWashington St. Annexation City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main 5t. Ashland, Oregon 97520 (541) 488-5311 (fox) FAXTRANSMITTALFORM \ \ C- d- t l~\'\ I AUl!Ust~~'/II999 DATE: TO: Dailv Tidinl!s - Lel!al Classified FROM: Barbara Christensen. City Recorder/Treasurer SUBJECT: Publish lel!al notice on Au~t 24th and Au~st 31" Please acknowledl!e receiDt of this request. Thank you! This transmittal consists of cover sheet plus 1 page(s). Please contact me at (541) 488-5307 if there any problems with this transmission. NOTICE OF PUBLIC HEARING The City of Ashland fmds that the owner of the property described in 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 on September 7,1999 at 7:00 p.m. in the Council Chambers, 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. MOUNTAIN PAR:< DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PAgCEL OF LA.~D TO BE }l...:'/NEXED TO TiiE CITY OF P.$HLAND DESCRIBED AS FOLLOWS: BEGINNING AT A FOINT THA7 BEARS S OC.03" 23" W, 251.77 fEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, IN JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-Of-WAY OF INTERSTATE 5 HIGH\'lAY, .EU.SO BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET; THENCE S OO~02'16n W, 1180.83 FEET FOLLOWING THE 1/16 SECTION ..lNE TO A POINT LYING ON THE SOUTHERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 4Z-49'48~ W, 463.65 FEET TO THE BEGINNING OF A 2~061 37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEARS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE or 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44-39'35" W, 87.85 FEET; , THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOlJTHERLY RIGHT-Of-WAY OF THE RAILROAD AND RUNNING N 00'01 'OS" W, 833.76 FEET; THENCE N 89~45114" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-Of-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-Or-WAY, S 26-39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. PUBLISH: August 24, 1999 August 31, 1999 By: Barbara Christensen, Ashland City Recorder City of Ashland City Hall April 17, 2000 20 E. Main 51. Ashland, Oregon 97520 ~ (541) 488-5311 ifax) ;JI~ ~\\1~ , i City Recorder's Office Barbara Christensen. City Recorder (541) 488-5307 (phone) Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 To Whom it may concern: Please find attached previously sent information regarding annexation and withdrawal of certain contiguous territory to the City of Ashland. 1 was informed by our county assessor's office that this property did not complete the proper notification to the Department of Revenue and was not withdrawn from the tax records. 1 have enclosed the notification letter from the Department of Assessment. All information regarding this withdrawal was previously sent to your office in November 1999 and as 1 have never previously found it necessary to send this certified, 1 was not aware that your office may not have received this information. 1 have also looked in prior filed withdrawals for the City of Ashland, and found that this procedure has been followed each time and that there was no type of notification from the Department of Revenue that the request was received Your assistance and direction in this matter would be greatly appreciated. Sincerely, 4lrr ~/~ ~~ I. J C! vi '~wA \,IF ,(1) "1 / :r!" . ~~IJ ~~ 4~f- ~~~ ~~,~ if Barbara Christensen City Recorder/Treasurer Enclosures (5) cc: Ann E. Cacka, Cartography Manager, Jackson County Assessor Mountain Park Development LLC DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 City of Ashland Director Of Finance 20 East Main Ashland, OR 97520 Information Drafttng ~ ~ ~~~tbwur 541-774~059 541-774~095 541-774~094 541-774~701 JACKSON COUNTY oregon April 13, 2000 "0 ~ Re: Resolution No. 99-50, Annexation of property into the City of Ashland Dear Ms. Turner: The above referenced annexation of property into the City of Ashland does not include a withdrawal of the same property from Rural Fire Protection District No.5. The result of this oversight will be the assessment to both districts on the tax bill to the property owner. I see a couple of options to handling the oversight. (1) We could go ahead and process the annexation and wait until the next tax year to process the correction. I am reluctant to do this because of the tax involved to the property owner. (2) Or with your written request, we could hold off in processing the annexation until next year, when we could process the withdrawal from the fire district at the same time. Please notify me of your decision as soon as possible, because this tax year comes to an end in June, and all district boundary changes must be completed by that time. If you have any further questions please call me at 541-774-6071 and I will try to assist you in any way I can. Respectfully yours, ~(~ Ann E. Cacka Cartography Manager CC: Mountain Park Development LLC City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 ifax) November 1, 1999 C OAJ.. Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation) effective per Secretary of State on October 25. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. A legal description and map are included. 2. A copy of Ordinance No. 2847, withdrawing annexed real property from Jackson County Fire District No.5. 3. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. Cordially, /~ Barbara Christensen City Recorder/Treasurer Enclosures (3) RESOLUTION NO. 99-60 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) RECITALS: .\ '1,::.';./ .\ f ~:i;~ 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 and 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 March 3, 1999. 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 owners of the \ ~ \0:.. property annexed and shall submit a copy of this resolution to the County Assessor and ~\ County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of dr/1f'..d;f ,1999. arbara Christensen, City Recorder SIGNED and APPROVED this.l.1.- day of ~ ' 1999. ~~ R~'ro~ Paul Nol e, ~ Att rney Don Laws, Council Chairperson (p:ord\annx-neu.re1 ) MOUNTAIN PAR~ DEVELOPMENT LiC EXHIBIT A ANNEXATIOt\ TO CITY OF ASHLAND A PARCEL OF LA.'lD TO BE JI~'lNEXED TO THE eI:'':' OF JlSHLAN::J DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEARS S 00'03"23" W, 251.77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EFST, WILLAMETTE MERIDIJlR, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, _~SO BEING THE SOUTHERLY RIGHT-Or-WAY OF WASHINGTON STREET; THENCE S 00~02'16" W, 1180.83 FEET FOLLO;vING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42.49'48" W, 463.65 FEET TO. THE BEGINNING OF A 2~06' 37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEF-RS N 43:09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF I' 4 9 I 14", A RADIUS OF 2764.93 FE.ET, THE LONG CHORD OF WHICH BEARS N 44.39' 35" W, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLy RIGHT-Of-WAY OF TliE RAILROAD AND RUNNING N 00'01'08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26'39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rn, IT :; i~ :;,. :s Q IVI. -----11f i ~ 1 Ii:, i I,,' .J: .!;: JIll I 11/00Q i'; ~..... I I .. ..j L. u 'H..., _. Cr'-" !': . : U, .' "I" , I, -' "_", ~-,'\I\J ,.- 6 EGON JAMlAIlY 25. ! ~8'J DARRYL J. NIEMI 1868 ~<.</ /z-"'!/-t:JO ORDINANCE NO. ~2?41 al~ it-~::..,;."~" ~Nf~ AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7,1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of Seotember ,1999, and duly PASSED and ADOPTED this ;{j$.dayof ~ ,1999. ~~ '. Barbara Christensen, City Recorder SIGNED and APPROVED this ;J.'1aYOf~,1999, ~~.Mx&L~ Catherine M. Shaw, Mayor Approved as to form: YJ Paul Nolte, City Attorney PAGE 1-SPECIAl ORDINANCE (p:O<d\annx-neu.ord) ~OUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND P. P';'l.CEc. OF I,A..'lD cO BE: P~\jt"E:XL) TO Ti-it: eC':' OF P.S'::.ANJ DESCRIBED AS fOLLOWS: BEGINNING Ac A POINT THA? BEARS S 00.03"23" W, 251.7, FEET fROM 7HE NE 1/16 CORNER Of SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EPST, WILLAMSTTE MERIJI~~'l, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-Of-WAY OF INTSRSTATE 5 HIGHI'lAY, .r..LSO BEING TH;::; SOUTHERLY RIGHT-OF-l'iAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO,UNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RA~~ROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-I'lAY OF THE RAILROAD, N 42'49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BE~.RS N 43:09'31" w, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF I' 4 9' 14", A RADIUS OF 2764.93 FE.ET, THE LONG CHORD OF WHICH BEARS N 44' 39 . 35" \'1, 87. 85 fEET; T!lENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY OF THE RAILROAD AND RUNNING N 00.01'08" W, 833.76 FEET; THENCE N 89~45'14" E, 377.43 fEET TO A POINT ON THE WESTERLY RIGHT-Of-WAY OF INTERSTATE 5 AND WASHINGTON STREET; . THENCE ALONG SAID RIGHT-Of-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. 0~ R ". " ., -c r;: 01, l!; !.; 1; :; . > GI ~ I I' " , I n l~ .1 . Jj: JlIl I .11000 /i"/ . .-/ f L. ...... _ .. Cr'-v:' .:0 : <.j. .' 'ID' ,f, _ . -_". ~.' '\1'.. 6 EGON JANUIIlY 25. ! ~8IJ DARRYL 1. NIEMI 1866 ~w /Z-7/-00 CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 AsWand. Owner agrees this consent to annexation is irrevocable. Dated this ')..).-day of ~ , 1999. Signature: ~. , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. j(~~^~ d ockoow"'r')"" fo:"o;o, , ~~ y Public for Oregon ommission expires: ~ -L./- 9 '1 (c:\engineer\.doc) Notice to Taxing Districts ORS 308.225 DOR 15-853-1999 ~REGON ~~ DE~PARTMENT _OF REVENUE Cartographic Unit 955 Center SI. NE Salem, OR 97310 (503) 945-8297, fax 945-8737 City of Ashland Director of Finance 20 East Main Ashland, OR 97520 Description and Map Approved October 25, 1999 As Per ORS 308.225 ~ Description ~ Map received from: CITY On: 8/26/99, 10/18/99 This is to notify you that your boundary change in Jackson County for ANNEX TO THE CITY OF ASHLAND RES. #99-50 has been: ~ Approved D Disapproved 10/25/99 Notes: Department of Revenue File Number: 15-853-1999 Prepared by: Jennifer Dudley, 503-945-8666 Boundary: ~ Change D Proposed Change The change is for: D Formation of a new district ~ Annexation of a territory to a district D Withdrawal of a territory from a district D Dissolution of a district D Transfer D Merge Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate) ORDINANCE NO. ;?,5?41 ao .~ }.~. AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7,1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of September, 1999, and duly PASSED and ADOPTED this A/$..daYOf ~ ,1999. ~~ . Barbara Christensen, City Recorder SIGNED and APPROVED this 11" ~ ;~dayof ,1999. ~~;;k~~ Catherine M. Shaw, Mayor Approved as to form: f1 Paul Nolte, City Attorney PAGE 1-SPECIAL ORDINANCE (po'd\annx-neu.o,d) ~OUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND A PA,(CE~ OF LA.'W TO B~ jl~'iNE:XEJ TO TtiE er,,:, Ot AS"~J DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEARS S 00003" 23" W, 251. 7, FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 ~ST, WILLAMETTE MERIDljl~, :N JACKSON COUNTY, OREGO~; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHI-IAY, ."..LSO BEING THE SOUTHERLY RIGHT-OF-viAY OF WASHINGTON STREET; TH2NCE S OO~02'16" W, 1180.83 FEET FOLLQ;VING THE 1/16 SECTION LINE TO A POINT LYING ON THE SOUTHERLY RIGHT-Or-WAY OF THE SOUTHERN PACIFIC RA~~ROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42049'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH B~~S N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1049'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44039 I 35" W, 87. 85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY Of TnE RAILROAD AND RUNNING N 00001' 08" W, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; o THENCE ALONG SAID RIGHT-Of-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. fvl ~ 0; [~ i; ',' ! Q P<i di1! I n I ~ . J . J:.i: JlJl I Ii IOCQ i ;_~; L... m_.__._. Cr'-" ...,.:. . -.'-i; .' "D ,I '"_ " ,_./, ~_,-\I'. . REGISTERED PROFESSIONAL. LA SU YOR 6 EGON JANUARY 25. ! 989 DARRYL J. NIEMI 1868 ~w /Z-~/-OO ORDINANCE NO. ~2?'-Il (\~ ~~ ~~. AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7,1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of September, 1999, and duly PASSED and ADOPTED this J,/$:.day of ~ ,1999. ~~ . Barbara Christensen, City Recorder SIGNED and APPROVED this ~J.o{ay of ~, 1999. #~~kxd~ Catherine M. Shaw, Mayor Approved as to form: YJ Paul Nolte, City Attorney PAGE 1-SPECIAL ORDINANCE (pmdlannx.neuord) -~""-'----"----"---------"'-'-------- ----.- ~OUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND A P;;3CEr.. OF L&'W C'O B::: ?~"it,,:::XEJ TO ThE I.:C":' OF I'.S'i:.ANJ DESCRIBED AS FOLLOWS: BEGINNING A':: A POINT THA. BEARS S 00'03"23" W, 251.71 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 El'S-r, WILLAMSTTE MERDIJI.N, IN JACKSON COUNTY, OREGOt-:; SAID POINT OF BEGINN!NG LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, ."'..LSO BEING THi:: SOUTHERLY RIGHT-OF-l'iAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO\VING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RA~~ROAD, SAID POINT ALSO BEING ON THE NORTHERLy BOUNDARy OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42'49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06 '37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEJI-RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF l' 4 9' 14 ", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44'39'35" \'7, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLy RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00'01' 08" W, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; , THENCE ALONG SAID RIGHT-OF-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rvl IT (:; iLL," ? GI 11~1 H, I n l~ .1 . J..i: JlIl I Lt/OOQ ;:_J L.___ _ _. Cr'-" ,', .:. : <.i. .' 'I.) ,/, - , '-". ._,-\/,,- 6 EGON JAMlAAY 25. ! ~a<l DARRYL J. NI EMI 1866 ~a/ IZ-~/-cJO City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main 5t. Ashland, Oregon 97520 (541) 488-5311 ifox) November 1, 1999 (\0 ~J.. Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation) effective per Secretary of State on October 25. 1999. Enclosed are the following documents: 1. A copy of Resolution No.99-50, annexing the area. A legal description and map are included. 2. A copy of Ordinance No. 2847, withdrawing annexed real property from Jackson County Fire District NO.5. 3. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. Cordially. /~ Barbara Christensen City Recorder/Treasurer Enclosures (3) RESOLUTION NO. 99-00 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) RECITALS: , "'" \i~" f .- 1/ 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 and 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 March 3, 1999. 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 ~ 1\ copy of this resolution, a copy of the Statement of Consent from the owners of the \\u..\Oi. property annexed and shall submit a copy of this resolution to the County Assessor and ~\\ County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of /It/1'..I~:t ,1999. arbara Christensen, City Recorder SIGNED and APPROVED this lL day of ~ ' 1999. ~~ R~~rlm~ Paul Nol e, ~ Att mey Don Laws, Council Chairperson (p:ord\annx-neu,re1 ) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PARCEL OF LA..'lD TO BE JI~'lNE:XED TO THE CIT'::' OF JI-SC!LANJ DESCRIBED AS FOLLOWS: BEGINNING A": A POINT THAT BEA.'<S S 00'03"23" W, 251. 7i FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EJI.sT, WILLAMETTE MERIJIJlR, IN JACKSON COUNTY, OREGON; SAID POINT 00 BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY 00 INTSRSTATE 5 HIGHWAY, .~SO BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO;vING TH2 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Or-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CrTY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42"49'48" W, 463.65 FEET TO, THE BEGINNING OF A 2~06'37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEl'-RS N 43:09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE Of 1'49'14", A RADIUS OF 2764.93 FE.ET, THE LONG CHORD OF WHICH BEARS N 44" 39 ' 35" W, 87. 85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY OF TIiE RAILROAD AND RUNNING N 00"01' 08" W, 833.76 fEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26"39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rnl IT ;;; [~ :i',' :s Q lVI, -----11/ i '< 1 I: :. I In, ~ .! : >:: JlJl I LtIOOQ i'; -~", /".1' L", "', ,. ., C",'v :':' : <.j; .' "'" ,/,-. '._I'~~..~I'jJ 6 EGON JANUARY 25. 1989 DARRYL J. NIEMI 1868 ~~ /Z-7/-ClO ORDINANCE NO. ~2?41 ~f~ ~~ ..t~ AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7,1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of Seotember ,1999, and duly PASSED and ADOPTED this A/$. day of ~ ,1999. ~~ '. Barbara Christensen, City Recorder SIGNED and APPROVED this ()r/ ~ ;~aayof ,1999. r1f~;;hd~ Catherine M. Shaw, Mayor Approved as to form: )'1 Paul Nolte, City Attorney PAGE 1-SPECIAL ORDINANCE (p:ord\annx-neuord) ~OUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND A P';?CEc, OF I.A.'lD '2:'0 a::: p~'%iE:XED TO HiE: ere'',' OF P,S".:.ANJ DESCRIBED AS FOLLOWS: BEGINNING A'2:' A POINT THA7 BEARS S 00'03"23" W, 251. 7i FEET fROM 7HE NE 1/16 CORNER Of SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 ~ST, WILLAMSTTE MERIDlp~, :N JACKSON COUNTY, OREGO~; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-Of-WAY OF INTE:RSTATE 5 HIGHWAY, .~SO BEING THE SOUTHERLY RIGHT-OF-WAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLmnNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN PACIfIC RA~~ROAD, SAID POINT ALSO EEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42.49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH B~RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF l' 4 9' 14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44'39'35" ~1, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY OF THE RAILROAD AND RUNNING N 00'01'08" W, 833.76 FEET; THENCE N 89:45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-Of-WAY or INTERSTATE 5 AND WASHINGTON STREET; , THENCE ALONG SAID RIGHT-Or-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rvl, IT r:; i~ i; -'.' ~ G) !l~ I h, I n I: ..1. J:..i: JlJ! I lilCOO ;:_) L.. m ._q_H', " (,"'v :,.:' :<.1. .' "'D ,/ ,-- ,---,. ~.' "\1\' REGISTERED PROFESSIONAl. . LA SUR YOR 6 EGON JANUARY 25- ! ~8IJ DARRYL J, NIEMI 1866 ~w /Z --:!I-OO CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ~day of ~ , 1999. Signature: ...<.... - , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. j().,~AV d ~k",W]''n"'' fo.:r,egoing , (pJ~ y Public for Oregon ommission expires: ~ -l-I- Q'1 (c :\engineer\. doc) DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 City of Ashland Director Of Finance 20 East Main Ashland, OR 97520 Information Drafting ~ ~ ~,L~t6Wi 541-774~059 541-774~095 541-774~094 541-774~701 JACKSON COUNTY oregon April 13, 2000 Re: Resolution No. 99-50, Annexation of property into the City of Ashland Dear Ms. Turner: The above referenced annexation of property into the City of Ashland does not include a withdrawal of the same property from Rural Fire Protection District No.5. The result of this oversight will be the assessment to both districts on the tax bill to the property owner. I see a couple of options to handling the oversight. (I) We could go altead and process the annexation and wait until the next tax year to process the correction. I am reluctant to do this because of the tax involved to the property owner. (2) Or with your written request, we could hold off in processing the annexation until next year, when we could process the withdrawal from the fire district at the same time. Please notify me of your decision as soon as possible, because this tax year comes to an end in June, and all district boundary changes must be completed by that time. If you have any further questions please call me at 541-774-6071 and I will try to assist you in any way I can. Respectfully yours, ~(~ Ann E. Cacka Cartography Manager CC: Mountain Park Development LLC April 13, 2000 City of Ashland Director of Finance 20 East Main Ashland, OR 97520 Re: Taxing District Boundary Change (ORD 396-95) Dear District: Final approval for Annexation No. 99-50 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 $ 125.00 Additional $20 per tax lot over 35 lots $ NA Total Amount Due 1125.00 Please send remittance to: Department of Assessment 10 South Oakdale, Room 300 Medford, OR 97501 Respectfully yours, Ann E. Cacka Cartography Manager City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. AsWand, Oregon 97520 (541) 488-5311 (fox) April17,2000 Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 To Whom it may concern: Please find attached previously sent information regarding annexation and withdrawal of certain contiguous territory to the City of Ashland I was informed by our county assessor's office that this property did not complete the proper notification to the Department of Revenue and was not withdrawn from the tax records. I have enclosed the notification letter from the Department of Assessment. All information regarding this withdrawal was previously sent to your office in November 1999 and as 1 have never previously found it necessary to send this certified, I was not aware that your office may not have received this i'!formation. I have also looked in prior filed withdrawals for the City of Ashland, and found that this procedure has been followed each time and that there was no type of notification from the Department of Revenue that the request was received Your assistance and direction in this matter would be greatly appreciated Sj~ Barbara Christensen City Recorder/Treasurer. Enclosures (5) cc: Ann E. Cacka, Cartography Manager, Jackson County Assessor Mountain Park Development LLC DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 City of AsWand Director Of Finance 20 East Main Ashland, OR 97520 Information Drafling ~ ~ ~,,~tbWi 541-774-6059 541-774-6095 541-774-6094 541-774-6701 JACKSON COUNTY oregon April 13, 2000 Re: Resolution No. 99-50, Annexation of property into the City of Ashland Dear Ms. Turner: The above referenced annexation of property into the City of AsWand does not include a withdrawal of the same property from Rural Fire Protection District No.5. The result ofthis oversight will be the assessment to both districts on the tax bill to the property owner. I see a couple of options to handling the oversight. (1) We could go ahead and process the annexation and wait until the next tax year to process the correction. I am reluctant to do this because of the tax involved to the property owner. (2) Or with your written request, we could hold off in processing the annexation until next year, when we could process the withdrawal from the fire district at the same time. Please notify me of your decision as soon as possible, because this tax year comes to an end in June, and all district boundary changes must be completed by that time. If you have any further questions please call me at 541-774-6071 and I will try to assist you in any way I can. Respectfully yours, ~r~ Ann E. Cacka Cartography Manager CC: Mountain Park Development LLC City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488.5307 (phon,) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 ifax) November 1, 1999 C\Q ~J.. Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation) effective per Secretary of State on October 25. 1999. Enclosed are the following documents: 1. A copy of Resolution No.99-50, annexing the area. A legal description and map are included. 2. A copy of Ordinance No. 2847, withdrawing annexed real property from Jackson County Fire District No.5. 3. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. Cordially, /~ Barbara Christensen City Recorder/Treasurer Enclosures (3) RESOLUTION NO. 99-00 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) RECITALS: ."\ 1;:,\.,':,," J~ .~;.1 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 and 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 March 3, 1999. 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 owners of the \\O\\lIi. property annexed and shall submit a copy of this resolution to the County Assessor and ~\\ County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of jb~./I:t ,1999. arbara Christensen, City Recorder SIGNED and APPROVED this lL day of ~ ' 1999. ~~ Don Laws, Council Chairperson (p:ord\annx-neu.re1 ) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PAEl.CEL OF LA.'W TO BE Jl~'lNE:XED TO THE: CrT'::' OF Jl.5HLAND DESCRIBED AS FOLLOWS: BEGINNING A:: A ?OINT THAT BEARS S 00003"23" W, 251. 71 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 ~.s:, WILLAMETTE MERIDIJlR, IN JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, .;LSO BEING THE SOUTHERLY RIGHT-OF-WAY OF WASHINGTON STREET; THENCE S OO~02'16" 11', 1180.83 FEET FOLLO;VING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42049'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH B~-RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1049'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44039'35" 11', 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00001'08" 11', 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26039'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. ~c0 ~ ,~: ,;,.' ;",' ~.. GI LS ',-' ,', " ~ '. ---..:...-..:.....-!:/ i ~) " :' i In, .1: :;;: JlJI I .1/00Q i; ~~ /.j I L, _ ".' REGISTERED PROFESSIONAL. LA SU YOR CI-'-\/ /'" .:, ," -t';. , I , I ,.~. I ,_~!, "-;'\1\. D 6 EGON JoINUAIlY 25. ! ~il'J DARRYL J. NIEMI 1868 ~.w IZ-~/-OO ORDINANCE NO. ;?2?41 0".-.,. tt-j, ~~ t~ AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7, 1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of Seotember ,1999, and duly PASSED and ADOPTED this ;<t~. day of ~ ,1999. ~~ '. Barbara Christensen, City Recorder SIGNED and APPROVED this nr/ ~ ~~day of ,1999. ~;;h~~ Catherine M. Shaw, Mayor Approved as to form: f1 Paul Nolte, City Attorney PAGE 1-SPECIAL ORDINANCE (poo'd\annx-neu.ord) V.OUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIOK TO CITY OF ASHLAND A PA?CEc. OF ,-,&"lD 'CO B~ P~"lt';~XE;) TO TnE cr,,:,' OF p,S'i:.,ANJ DESCRIBED AS FOLLOWS: BEGINNING A'C A POINT THA'L BEARS S 00'03" 23" 1'1, 251. 77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EPST, WILLAMSTTE MERIJI~~, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHI'/AY, .r..LSO BEING TH2 SOUTHERLY RIGHT-OF-I'/AY OF' WASHINGTON STREET; TE2NCE S OO~02'16" W, 1180.83 FEET FOLLO,nNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RA~~ROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY Of THE RAILROAD, N 42~49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEP.RS N 43~09'31" 1'1,88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44.39' 35" W, 87. 85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00.01'08" 1'1, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; . THENCE ALONG SAID RIGHT-Of-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. 0"\ ~ :C' ,'\ ;: ',' ~ n D I, l.'; ,,' !. " . , ! n I < I ,; :. I I n I: .1. Jj: JlJl I 11 100Q i '_~;, L:. .. :h. --,"'" . '. I C"" :", . ,'-i' .' f\ID I ,j,.~ . ,--'. .-' -\j . . REGISTERED PROFESSIONAL. LA SUR YOR ,-- '6 EGON JANUAAY 25. !~~ DARRYL J. NI EM I 1866 ~<.</ /Z'-lI-t:JO CITY OF ASHLAND ENGINEERING DIVISION IRREVOCABLE CONSENT TO ANNEXA nON 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 1:L:::-day of tdr: , 1999. Signature: ...t... State of Oregon ) ) ss: County of Jackson ) , Owner Personally appeared the above named instrument to be his voluntary act and deed. j"",~ ^~ d ",",OOWlOOr't'>e [0:,,0", , ~~ y Public for Oregon ommission expires: ~-'-I-qc, (c :\engineer\.doc) City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland. Oregon 97520 (541) 488-531llfox) April 17, 2000 Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 973/0 To Whom it may concern: Please find attached previously sent information regarding annexation and withdrawal of certain contiguous territory to the City of Ashland. I was iriformed by our county assessor's office that this property did not complete the proper notification to the Department of Revenue and was not withdrawn from the tax records. I have enclosed the notification letter from the Department of Assessment. All iriformation regarding this withdrawal was previously sent to your office in November 1999 and as I have never previously found it necessary to send this certified, I was not aware that your office may not have received this information. I have also looked in prior filed withdrawals for the City of Ashland, andfound that this procedure has been followed each time and that there was no type of no tification from the Department of Revenue that the request was received Your assistance and direction in this matter would be greatly appreciated. Sincerely, 4~~~ Barbara Christensen City Recorder/Treasurer Enclosures (5) cc: Ann E. Cacka, Cartography Manager, Jackson County Assessor Mountain Park Development LLC DEPARTMENT OF ASSESSMENT DANIEL G. ROSS Jackson County Assessor 10 South Oakdale Room 300 MEDFORD OR 97501 City of Ashland Director Of Finance 20 East Main Ashland, OR 97520 Information Drafting ~ (!;p;c ~,t ~tba) i 541-774-6059 541-774-6095 541-774-6094 541-774-6701 JACKSON COUNTY oregon April 13, 2000 Re: Resolution No. 99-50, Annexation of property into the City of Ashland Dear Ms. Turner: The above referenced annexation of property into the City of Ashland does not include a withdrawal of the same property from Rural Fire Protection District No.5. The result of this oversight will be the assessment to both districts on the tax bill to the property owner. I see a couple of options to handling the oversight. (1) We could go ahead and process the annexation and wait until the next tax year to process the correction. I am reluctant to do this because of the tax involved to the property owner. (2) Or with your written request, we could hold off in processing the annexation until next year, when we could process the withdrawal from the fire district at the same time. Please notify me of your decision as soon as possible, because this tax year comes to an end in June, and all district boundary changes must be completed by that time. If you have any further questions please call me at 541-774-6071 and I will try to assist you in any way I can. Respectfully yours, ~(~ Ann E. Cacka Cartography Manager CC: Mountain Park Development LLC City of Ashland City Hall City Recorder's Office Barbara Chrislensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311Ifax) November 1, 1999 "0 ~~ Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, Oregon 97310 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation) effective per Secretary of State on October 25. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. A legal description and map are included. 2. A copy of Ordinance No. 2847, withdrawing annexed real property from Jackson County Fire District No.5. 3. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. Cordially, /~ Barbara Christensen City Recorder/Treasurer Enclosures (3) RESOLUTION NO. 99-50 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) RECITALS: .\ '",' 'I I ,':~ .~,.I 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 and 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 March 3, 1999. 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 owners of the \ f: \0:.. property annexed and shall submit a copy of this resolution to the County Assessor and ~\ County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of /ZrL/{f'A;f ,1999, arbara Christensen, City Recorder SIGNED and APPROVED this lL day of ~ ,1999, ~~ Don Laws, Council Chairperson (p:ord\annx-neu.re1 ) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PA"CEL OF LA..'lD TO BS .l'~'lNSXED TO THE CIT':: OF .l'.5Hi.AN'-l DESCRIBED AS FOLLOWS: BEGINNING A7: A POINT THAT BEAHS S 00'03"23" W, 251. 77 FSET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EF.5T, WILLAMETTE MERIJI.l'~, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHI'/AY, .zu.SO BEING THS SOUTHERLY RIGHT-OF-l'iAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO;vING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RA!LROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-lvAY OF THE RAILROAD, N 42"49'48" 1'1, 463.65 FEET TO. THE BEGINNING OF A 2~06' 37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEJ>.-RS N 43:09'31" 1'1, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF l' 4 9' 14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44' 39 ' 35" W, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF TnE RAILROAD AND RUNNING N 00'01 '08" 1'1, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; . THENCE ALONG SAID RIGHT-OF-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rn, IT C, ih~ :;h,." rs. n ~ IVI. -----I~1 r '< I I: :' , In," .j. , " . Ii' . ~ , I. " JlJl I 111000 i -~.,. 1'"'/ I Lhh h_hhh _, ('h,-V /':. . '. '.;. "'10 ' I , '_' "_,,. ._' _\/".. REGISTERED PROFESSIONAL. LA SU YOR r '6 EGON JoINlIARY 25. ! ~8IJ DARRYL J. NI EMI 1868 ~<J./ IZ-~/-OO ORDINANCE NO. ~5?41 aP'\ G~ t,- Ir"~ AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO.5 (WASHINGTON STREET ANNEXATION BY NEUMAN). 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 September 7,1999, 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. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the 7th day of Seotember ,1999, and duly PASSED and ADOPTED this J<j$.daYOf ~ ,1999. ~~ '. Barbara Christensen, City Recorder SIGNED and APPROVED this ()4 ~ ;;?'dayof ,1999. ~;;h~~ Catherine M. Shaw, Mayor Approved as to form: )'? Paul Nolte, City Attorney PAGE 1-SPECIAl ORDINANCE (p:ordlannx-neu.ord) ~OUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIOK TO CITY OF ASHLAND A P';.'<CE1., OF ::A'iD 'CO 30: jl~'it,O:XE;) TO Tn2 eIe',' OF AS'::..ANJ DESCRIBED AS FOLLOWS: BEGINNING A'C A POINT THA'i' BEARS S 00'03"23" W, 251.77 FEET FROM ,HE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EPST, WILLAMSTTE MERIJIjl~, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INT:::RSTATE 5 H IGHI'/AY, .zU.SO BEING THE SOUTHERLY RIGHT-OF-l"iAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO;-lING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RA~~ROAD, SAID POrNT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42'49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE ~O THE LEFT, THE LONG CHORD OF WHICH BEjl~S N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 4 4' 3 9 ' 35" 1"1, 87. 85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00'01'08" W, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-Or-WAY or INTERSTATE 5 AND WASHINGTON STREET; . THENCE ALONG SAID RIGHT-Or-WAY, S 2639'48" E, 135.96 rEET TO THE POINT or BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rvl. [ (:; Ilo(l f ~ I: Jj: JlIl L. !; :: -,' ! GI I"j' I LlIOOQ j."; J --..I, ".,"0 ___'...'.._ _. REGISTERED PROFESSIONAl. . LA SU YOR Cr'--\,I :',",\.: ," :I.i. .' I! . j , '- "-.' .~-..\r\D 6 EGON JoINUMY 25. 118') DARRYL J. NIEMI 1866 ~a/ /Z -"?I-()O CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 1:L:::::-day of td.r: , 1999. Signature: ...t... , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. j "" ~ A~ d OCkOOWI"r')"" [0;,,0", , ~~ y Public for Oregon .. . ommlsslon expires: ~ -l../- q,. (c:\engineer\.doc) OFFICIAL SEAL JULIE ANNE AUSTAD NOTA~Y PU811C-O~EGON ~OMMISSION NO. A042708 City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland. Oregon 97520 (541) 488-5311 (fax) FAX TRANSMITTAL FORM DATE: November 2.1999 TO: Bert Goodall. USWest (425) 453-3552 fax FROM: Barbara Christensen. City Recorder/Treasurer SUBJECT: Washimrton Street Annexation Please find an annexation survev map that mav of better use for vou. This transmittal consists of cover sheet plus 1 page(s). Please contact me at (541) 488-5307 if there any problems with this transmission. 'I; SENDER: Jl .. =: ;; > ! .. -S c o ." .. w .. a. E o " '" '" w a: C C <( z a: ::> I- w a: ~ o >- :1!. T .... .. :5! .. .. l! ~ ! .. z: w C 0 ." .. w JI! .0. E 0 " '" '" w a: C C <( z a: ::> I- w a: .,' ~ SENDER: . Complete items 1 and/or 2 for addi~or.ull services. . Complete items 3. and 4a & b. ' . . Print your name and address on the reverse of this' farm so that wa can return this card to you. ' j . . Attach this form to the front of the mailpiece, or on the back if space does not permit. ::, . ,_ . Write "Return Receipt ReqUilstedi:pii the mail piece b'elow the article number . The Return Receipt will show to whom the article was d,elivered and the date delivered. 3. Article Addressed to: ~.ftc.P~~ '1~S :) ~! MJ..~ rff- Ql50J '. 5.~nature (Addressee) . Complete items 1 and lor 2 for additionslservices. I also wis 10 receive t e . Complete items 3, and 48 & b. following services (for an extra . Print your name and address on the reverse of this form 80 that we can feel: return this card to you. o Addressee's Address . Attach this fonn to the front of the mail piece, or on the back if space 1. does not permit. . Write "Return Receipt Requested" on the mailpiace below the article number. 2. o Restricted Delivery . The Return Receipt witl show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Ai:~~Sp~ ~ Lrf 40. Article Number 2- 'fLit, 9ft, 3,:{3 4b. Service Type P,tt6Jtf~~A7~ I o Ragislorad o Insured utCortified o COO o Express Mail ~eturn Receipt for Merchandise 7. Date of Delivery 5. Signature (Addressee) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature (Agent) . PS Form 3011. December 1991 * U.S.G.P.O.: 1992-307-530 DOMESTIC RETURN RECEIPT h h .. " ~ .. '" 15. i " .. a: E " w .. a: 01 c ;;; , " ~ .l! " o >- ... C II z: I- I also wish to receive the following services (for an extra ai feel: ~ 1. 0 Addressee's Address eX w 0. 'i ", .. a: c ~ " w .. a: 2. 0 Restricted Delivery Consult ostmaster for fee. 40. '?l-iql)~m91 5 ot.J 7 4b. Service Type o Registered []3"Certified o Express Mail o Insured o COD CB"':'Return Receipt for Merchandise 7. DO~~~7! 9 8. Addressee's Addres and fee is paid) 01, C .;;; '" ~ o - " o >- (Only if requested JJt c II z: I- 1 ~ U.S.G.P.O.: 1992-307-530 DOMESTIC RETURN RECEIPT "" SENDER: ~ . Complete items 1 and/or 2 for additional services. · . Complete items 3. and 48 & b. :: . Print your nllme and address on the reverse of this formao that we can a; return this card to you. > . Attach this form to the front of the mallpiece. or on the back if space. l! dOBS not permit. 1: . Write "Return Receipt Requested" on the mail piece below the article number. .. . The Return Receipt will show to whom the article we,a delivered and the date l::::: delivered. o "CI 3. Article Addressed to: t ~ (}JA ! PO a;X ~er7 ~ fU.tot fDtd !JR. q7~7> J Q <l z II: ::> I- w II: $ o >- .!! I also wish to receive the fOllowing services (for 8n extra Ii feel: ~ 1. 0 Addressee's Address ~ Co 'i " " II: E " ~ " II: 2. 0 Restricted Delivery Consult ostmaster for fee. 4e. Art;ze N;~ 1/6 O{ b 4b. Service Type D Registered lJYCertified D Express Mail o Insuret:! o COO g> ~~ 'ii L.>>'!"eturn Receipt for ::I Merchandise 7. Date of Delivery 8. (; I ~ " U.S.G.P.O., 1992-307-530 DOMESTIC RETURN RECEIPT '0; SENDER: Ji! . Complete items 1 and/of 2 for additional services. . . Complete items 3, and 48 & b. : . Print your name and address on the reverse of this form so that we can a; return this card to you. > . Attach this form to the front of the mailpie,ce. or on the back if space ! does not permit. 1: . Write "Return Receipt Requested" on the mail piece below the article number.. .. . The Return Receipt will show to whom the article was delivered and the date C delivered. o '" " ~ " Q. E o " en en w II: o o <l z II: 5. ::> I- w II: ........, --- 3. Article Addressed to~ ~~IZtrJ. fitkh.s ,?O '&X Ij,CjOg- ~f\UflUs~onJ ~tJiZ- 7. " o >- V if requested ~ " " .<: I- I also wish to receive the following services (for an extra Ii feel: ~ 1. 0 Addressee's Address J; 48. 2. 0 Restricted Delivery Consult ostmaster for fee. Article Number 2. ~ "- 'Ii " " 11: " ~ " ~ " II: ~ o ~ $ o >- .!! PS Fa r 1991 "U.S.G.P.O., 1992-307-530 DOMESTIC RETURN RECEIPT 4b. Service Type o Registered [H'"Certified o Express o Insured '" o 900 ~ ~~turn Receipt for :::::I erchandise y ----- -- .'."-'. "-"",-- .~~:.-~,.... -------. .f '0; SENDER: :sl . Complete items- 1 and/or 2 for additional" services. . . CC)rrlP.le~' items 3, and 48 & b. I . Pri~t ~our name and address on the reverse of this form so that we can ~ return this card to you. > . Attach this form to the front of the mailpiece, Dr on the back jf space ! does not permit. .I- Write "Return Receipt Requested" on the mailpiece below the article number. 2. 0 Restricted Delivery .. . The RetUrn Receipt will.how to whom the ameki was delivered and the date e delivered. Consult ostmaster for fee. o 1 3. Article Addressed to: IJ 4e. A1.clq~(;er '1/5 0 O~ I V5 w-tst ~ ' ,tAt 401 4b. Service Type ! t./ SO II ~ Au<- AJ G" 0 Regi~::~ed g ~~~e<l 13 M 'I []'1teturn Receipt for II: 12 _ .A -\I U 0, I. n'L A ~D 8' Merchendise 8 f){..t.{.L 1: W rr I elivery '. " o >- 8. Addres ae's Address (Only jf requested .:.:: and fee is paid) i .<: I- I also wish to receive the following services (for an extra ci .l/ feel: ~ 1. 0 Addressee's Address ~ Co 'Ii " " 11: " ~ " ~ " II: '" " 'ii " ~ oS! '0; SENDER: 3! . Complete items 1 and/or 2 fOf additional services. III . Complete items 3. and 4a & b. : . Print your name and address on the reverse of this form 80 that we can .. return this card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space ! does not permit. lD . Write "Return Receipt Requested" on the mailpiece below the article number oS . The Return Receipt will show to whom the sniels was delivered end tl:le date delivered. 3. Article Addressed to: ~vt S~ Sue.. nO ()aJ( Sf ~tL (J((.. Cf75!){) ,r6 $ o > .! PS Form I also wish to receive the following services Ifor an extra feel: 1. 0 Addressee's Address , ti; .5.!i ~I Cl)i ~. Co "Ii <>. <D' a: c' ~ :l ~, <D a: OIl c' OJ :l o - :l o > Only if requested ~ c .. .c ... 2~ 0 Restricted Delivery Consultostmaster for fee. 48. Article Number Z. W~ 'tl(, 3~'f 4b. Service Type d IJYCertified Express Mail 7" 8. o Insureo ... ""'1 COD o"le ~ <'fL_l_... n..~v;...l f...r tJ!Ji....I'QI'Ulse 11. December 1991 "U.S.G.P.O., 1992.307-530 DOMESTIC RETURN RECEIPT '0; SENDER: "0 . Complete items 1 and/or 2 fOf additional services. ";; . Complete items 3, and 48 & b. : . Print your name and address on the reverse of this form so that we can :s return this card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space .. does not permit. ~ : ~::~~:~~U~~:e~~:~l~:::S::~h~':"t~~er:~li~~:C:::~~:=~~~i~et~~~:~. C delivered. o ." <D ~ <D is. E o <> .. .. III II: C C c( Z II: :;) ... III II: $ o > .!! 3. AK;;rij~ 1YLU~ Dts17," 3,16b _ CralLY ~M< /kl-J..ftri 6R- C{l?7V I I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Rest.ricted Delivery Consult ostmaster for fee. Article Number 2. (p'1l501 4b. Service Type o Registered lid1:ertified o Express Mail 7. Da 8. o Insured D SOD ~eturn Receipt for Merchandise ry ~ J2i 6 > (Only if requested ~ c .. .c ... <D <> ~ ., en a "Ii <> ., a: c: ~ ' :l ~ .. a: 01 c "iij :l " U.S.G.P.O., '992-307-530 DOMESTIC RETURN RECEIPT '0; SENDER: Ji . Complete items 1 and/or 2 for additional services. . .. Complete items 3, and 4a & b. ! . Print your name and address on the reverse of this form so that we can ., return this card to you. 1: . Attach this form to the front of the mailpiece, or on the back if space ~ does not permit. !!: . Write "Return Receipt Requested" on the mailpiece below the article number. ti . The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: '" c o 1 t ~ i Av ,cjp.. PO fJox 170'1 fltulW ot q7~ J I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery Consult postmaster for fee. 40. Aple~'q'5 <tl~ ll, 4b. Service Type o Registered [ll""Certified o Express Mail o Insured o COD ~eturn Receipt for Merchandise 7 nAt"" nf n""li"""r" cD <> "~ <D en a "Ii <> <D a: c ~ :l ~ ., a: 01 c "iij :l ~ .!! Office of the Se:retary of State Suzanne Townsend Deputy Secretary of State Archives Division ROY TURNBAUGH Director .' PHIL KEISLING Secretary of State 800 Summer Street NE Salem, Oregon 97310 (503) 373-0701 Facsimile (503) 373-0953 City of Ashland City Recorder 20 E. Main St Asland, OR 97520 Dear City Recorder, Please be advised that we have received and filed, as of August 23, 1999 annexing territory to the city of Ashland Point. Resolution Number(s) 99-50 Our File Number(s) AN 1999-0220 Please verify the effective date through the application of ORS 222.040 and/or 222.180. Our assigned file number(s) are included in the above information. ~Yd#~ Rita F. Perry Official Public Documents cc: Jackson County Clerk ODOT /Highway Dept. PSU /Population Research Ctr. Revenue Cartography Section BOUNDARY lJHANtil!.l:>; "u.nU,"ALU - --..-- ./.., GENERAL PROVISIONS "' _005 Notice to public utilities of a,nnexation; contents of notice; effect. (1) When territory is approved for annexation to a' city by city council action under ORB chapter 199 or this chapter, the recorder of the city or other city officer or agency per- forming the duties of recorder under this section, not later than 10 working days after passage of a resolution or ordinance al;'prov- mg thelroposed annexation, shall proVIde by certifiemail to all public utilities, electric cooperatives and telecommunications utili- ties operating within the city each site ad- dress to be annexed as recorded on county assessment and tax rolls, a legal description and map of the proposed boundary change and a copy of the city council's resolution or ordinance approving the proposed annex- ation. (2) Additional or increased fees or taxes, other than ad valorem taxes, imposed on public utilities, electric cooperatives and telecommunications utilities as a result of an annexation of territory to a city shall become effective on the effective date of the annex- ation if notice of the annexation is given to public utilities, electric cooperatives and telecommunications utilities by certified mail not later than 10 working days after the ef- fective date of the annexation. However, if notification of the effective date of the an- nexation is provided to the public utilities, electric cooperatives and telecommunications utilities later than the 10th working day af- ter the effective date of the annexation, the additional or increased fees or taxes become effective on the date of notification. (3) As used in this section: (a) "Effective date of annexation" is the effective date described in ORB chapter 199 or this chapter, whichever is applicable. (b) "Public utility" has, the meaning given that term in ORB 757.005. [1981 c.238 ~2; 1985 0.702 ~; 1987 c.447 ~1l6; 1989 c.736 ~1; 1991 0.136 Ul 222.010 Report of city boundary changes mandatory; contents of report; time for filing; exception. (1) Every city, through its recorder or other city officer or agency designated to perform the duties of the recorder under this section, shall report to the county clerk and county assessor of the county within which the city is located all changes in the boundaries or limits of the city. The report shall contain a detailed legal description of the new boundaries established by the city. The report shall be filed by the city within 10 days from the effective date of the change of any boundary lines. (2) This section does not apply to a minor boundary change ordered under ORB 199.410 Title 21 to 199.519. [Amended by 1969 c.494 ~26; 1971 c.462 U6; 1985 0. 702 ~J 222.020 [Repealed by 1955 c.475 ~12] 222.030 Assessor to furnish statement of assessed valuation of territory to be annexed. When a change of the boundaries of a city through the annexation of territory is proposed pursuant to ORB 199.410 to 199.519, or 222.111 to 222.180 or city charter, the assessor of the county. or counties wherein the territory to be annexed is lo- cated, shall furnish upon official request within 20 days, a statement showing for the current fiscal year the assessed valuation of the taxable property in the territory to be annexed. [1957 c.236 ~1; 1969 c.494 ~27J 222.040 Delay of effective date of ac- tions under this chapter because of election; effective date of certain annex- ations and transfers of territory. (1) Not- withstanding any provision of this chapter that provides a different effective date, an annexation, transfer of territory, consol- idation or merger under this chapter, or any removal by a city by ordinance of a newly annexed area from a special district, shall not become effective during the period: (a) Beginning after the 90th day before a biennial primary election or general election and ending on the day after the election; or (b) Beginning after the deadline for filing the notice of election before any other election held by any city, district or other municipal corporation involved in the annex- ation, transfer of territory, consolidation, merger or removal, and ending on the day after the election. (2) If the effective date established for an annexation, transfer of territory, consol- idation, merger or removal is a date that is prohibited under this section, the annexation, transfer of territory, consolidation, merger or removal shall become effective on the day after the election. (3) For the purposes of ORB 308.225 only, the effective date of an annexation under ORB 222.180 shall be the date of filing of the abstract referred to in ORB 222.180. [1981 c.391 ~3; 1993 0.514 ~lb; 1985 c.l30 ~; 1985 0.808 ~71; 1989 c.923 ~25; 1995 c.712 ~92] 222.050 Certain consolidations and mergers; additional question concerning taxes authorized; requirements for ap- proval. (1) This section applies if a consol- idation or merger proposes to consolidate or merge two or more cities and at least one of the cities has not previously imposed ad valorem property taxes. (2) The question of the consolidation or merger that is submitted to the electors of the city that has not previously imposed ad valorem property taxes may also propose a Page 31 (1997 Edition) BOUNDARY CHANGES; MERGERS & CONSOLIDATIONS < unications utility or railroad or is ex- t from ad valorem taxation shall not be . dered when determining the number of ers the area of land or the assessed val- tion 'required to grant consent to annex- ation under this section unless the owner of IilUch property files a statement consenting to . or opposmg annexation with the legislative . body of the city on or before a day described in subsection (1) of this section. [Amended by 1955 c.51 ~2: 1961 c.511 ~2: 1971 c.673 U: 1973 c.434 ~1: 1963 c.350 ~; 1965 c.702 ~11: 1937 c.447 ~117: 1937 c.737 f41 222.173 Time limit for filing state- ments of consent; public records. (1) For the purpose of authorizing an annexation under ORS 222.170 or under a proceeding in- itiated as provided by ORS 199.490 (2), only statements of consent to annexation which are filed within anyone-year period shall be effective, unless a separate written agree- ment waiving the one-rear period or pre- scribing some other penod of time has been entered into between an owner of land or an elector and the city. (2) Statements of consent to annexation filed with the legislative body of the city by electors and owners of land under ORS 222.170 are public records under ORS 192.410 to 192.505. [1935 c.702 ~20; 1937 c.737 ~: 1987 c.818 ~J Note: 222.173 to 222.177 were added to and made a part of ORB chapter 222 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 222.175 City to provide information when soliciting statements of consent. If a city solicits statements of consent under ORS 222.170 from electors and owners of land in order to facilitate annexation of un- incorporated territory to the city, the city shall, upon request, provide to those electors and owners information on that city's ad valorem tax levied for its current fiscal year expressed as the rate per thousand dollars of assessed valuation, a description of services the city generally provides its residents and owners of property within the city and such other information as the city considers rele- vant to the impact of annexation on land within the unincorporated territory within which statements of consent are being solic- ited. [1965 c. 702 ~21; 1987 c. 737 ~; 1987 c.818 ~9] Note: See note under 222.173. 222.177 Filing of annexation records with Secretary of State. When a city leg- islative body proclaims an annexation under ORS 222.125, 222.150, 222.160 or 222.170, the recorder of the city or any other city officer or agency designated by the city legislative body to perform the duties of the recorder under this section shall transmit to the Sec- retary of State: Title 21 222.180 (1) A copy of the resolution or ordinance proclaiming the annexation. (2) An abstract of the vote within the city, if votes were cast in the city, and an abstract of the vote within the annexed ter- ritory, if votes were cast in the territory. The abstract of the vote for each election shall show the whole number of electors voting on the annexation, the number of votes cast for annexation and the number of votes cast against annexation. (3) If electors or landowners in the terri- tory annexed consented to the annexation under ORS 222.125 or 222.170, a copy of the statement of consent. (4) A copy of the ordinance issued under ORS 222.120 (4). (5) An abstract of the vote upon the ref- erendum if a referendum petition was filed with respect to the ordinance adopted under ORS 222.120 (4). [1965 c.702 14: 1937 c.737 ~7; 1937 c.818 ~1O] Note: See note under 222.173. 222.179 Exempt territory. The amend- ments to ORS 222.210, 222.230, 222.240 and 222.270 made by chapter 702, Oregon Laws 1985, do not apply in territory subject to the jurisdiction of a local government boundary commission. [1935 c. 702 ~27] Note: 222.179 w&s enacted into law by the Legisla. tive Assembly but was not added to or made a part of ORS chapter 222 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation. 222.180 Effective date of annexation. (1) The annexation shall be complete from the date of filing with the Secretary of State of the annexation records as provided<in ORS 222.177 and 222.900. Thereafter the annexed territory shall be and remain a part of the city to which it is annexed. The date of such filing shall be the effective date of annex- ation. (2) For annexation proceedings initiated by a city, the city may specify an effective date that is later than the date specified in subsection (1) of this section. If a later date is specified under this subsection, that effec- tive date shall not be later than 10 years af- ter the date of a proclamation of annexation described in ORS 222.177. [Amended by 1961 c.322 ~1; 1967 c.624 ~15; 1973 c.501 ~2: 1931 c.391 ~5; 1935 c.702 ~12: 1991 c.637 ~J Note: Section 354a, chapter 541, Oregon Laws 1997, provides: Sec. 354a. Notwithstanding ORS 222.180, the effec- tive date of an annexation shall be July 1, 1995, if: (1) The annexing city has a population of'5,ODO or less; . '.'.- (2)..,..Annexation records were filed with the Secre- tary of State pursuant to ORS 222.177 and 222.900 after March 31, 1995, and before July 1, 1995: Page 35 (1997 Edition) City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 (fax) October 15, 1999 Oregon Department of Revenue Cartographic Unit 955 Center St NE Salem, OR 97310 RE: File No, 15-853-1999 Boundary Change; Annexation of a territory to a District Please find enclosed an annexation survey map for attachment to Resolution #99-50 which is an annexation to the City of Ashland in Jackson County. Original map submitted to department was determined insufficient to trace description. The enclosed map is a replacement of the original and hope that you find it sufficient. If any further information is required, please note that all correspondence should be directed to the attention of my office. 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" . ~ . ~ . -. ~ Notice to Taxing Districts ORS 308.225 DOR 15-853-1999 ~REGON \.~ DE\'PARTMENT "OF REVENUE Cartographic Unit 955 Center St. NE Salem, OR 97310 (503) 945-8297, fax 945-8737 City of Ashland Director of Finance 20 East Main Ashland, OR 97520 ~ Description [g] Map received from: CITY On: 8/26/99 This is to notify you that your boundary change in Jackson County for ANNEX TO THE CITY OF ASHLAND RES. #99-50 has been: 0 Approved [g] Disapproved 8/31/99 Notes: MAP IS INSUFFICIENT TO TRACE DESCRIPTION. Department of Revenue File Number: 15-853-1999 Prepared by: Jennifer Dudley, 503-945-8666 Boundary: [g] Change D Proposed Change The change is for: D Formation of a new district [g] Annexation of a territory to a district D Withdrawal of a territory from a district D Dissolution of a district D Transfer D Merge Taxing District copy - Copies to: County Assessor, Department of Revenue, County Commissioners or County Court/Boundary Commission (If appropriate) CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 City of Ashland Department of FinancelUtilities Ashland Or 97520 @ XW5S V - f~~ August 23, 1999 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~~~ Barbara Christensen City Recorderffreasurer RESOLUTION NO. 99.50 A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) RECITALS: \... '\. "4 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 and 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 March 3, 1999. 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 owners of the property annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of tZt(}~:t ,1999. arbara Christensen, City Recorder SIGNED and APPROVED this lL day of ~ ' 1999. ~~ Don Laws, Council Chairperson (p:ord\annx-neu.re1 ) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIOK TO CITY OF ASHLAND A PARCEL OF LA..'W TO BE P.~"iNEXED TO THE CITY OF P..5HLAND DESCRIBED AS FOLLOWS: BEGINNING A:: A POIN7 THA7 BEARS S 00'03"23" W, 251. 77 FEET FROM 7HE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EP.5T, WILLk~ETTE MERIDIP.~~, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHWAY, ALSO BEING THe: SOUTHERLY RIGHT-Of-l'iAY OF WASHINGTON STREET; TH;::NCE S OO~02'16" \'1, 1180.83 FEET FOLLO;VING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42"49'48" w, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEJI-RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF I' 4 9' 14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44"39'35" \'i, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF TliE RAILROAD AND RUNNING N 00"01'08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLy RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; , THENCE ALONG SAID RIGHT-OF-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rcl, lli :; [; :!,. LP I ~ I d n, ; n I: ;1 : Joj : JlJl I 1I 1000 Ii " ; ..../ , L. _ '.., C,-n,;,:- -,'.1 ."10 ' I , '_ ',..". A_,'\l'..' REGISTERED PROFESSIONAL. LA SU YOR 6 EGON JoINtIMY 25. 1181) DARRYL J. Nl EM I 1868 ~<-</ /Z-'1/-lJO \ {' 'I) ~ - CITY II ------ " ~ AREA TO tiE. ANNeX~l> Vie I N flY MAP NO SCALE- "t" '-1J'~ "01 " " SHEET 1 I Page "11 -=J - n. T ~~ Council Communication Legal Department Washington Street Annexation August 17, 1999 Submitted by:Lp;u;! Nolte 'AAIJ Approved by: Mike Freeman' rv- Title: A Resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland, Oregon, and Providing for an Effective Date. (Washington Street Annexation by Neuman) Synopsis: The council approved this annexation on February 2, 1999, and adopted findings on March 3,1999. The annexation is now ready to be completed as the survey was recently finalized and filed with the city. The required consent to annexation is attached to the resolution. Recommendation: Move to adopt the resolution annexing this property. Background Information: There are three phases to a "full consent" annexation (where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planning commission and the council. That phase was completed in February 1999 when the council held a hearing and voted to approve the annexation. The second phase is before the council in this proceeding. The property is annexed by resolution of the council, which was delayed pending the finalization of the survey description of the property to be annexed. The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district the city generally withdraws from is Jackson County Fire District #5. This phase involves a public hearing and council adoption of an ordinance withdrawing the area from the district. F:\USER\PAUL\ORD\Annex reso (Neuman-Washington St.)-cc.wpd RESOLUTION NO. 99- A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 and 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 March 3, 1999. 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 owners of the property annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 duly PASSED and ADOPTED this day of ,1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,1999. Catherine M. Shaw, Mayor (p:ord\annx-neu.re1 ) CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ~1-day of f&J.r-. , 1999. Signature: ...t..-. , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. j(<.,~A~ d """""Wl"r')the ''';'''01'' , UwJ-~ y Public for Oregon ommission expires: {; -l../- q 'i (c:\engineer\.doc) --, MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PA;:(CE1 OF LA.'lD TO BE Jl~'lNEXED TO TiiE CITY OF Jl.5HLAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEA.qS S 00'03" 23" W, 251.77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 ~.sT, WILLAMETTE MERIDIJl4'l, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, .~SO BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET; TH2:-/CE S OO~02'16" W, 1180.83 FEET FOLLO;nNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-\~AY OF THE RAILROAD, N 42'49'48" W, 463.65 FEET TO THE BEGINNING OF A 2'06'37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BElI.RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF l' 4 9' 14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44'39'35" W, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF TliE RAILROAD AND RUNNING N 00'01 '08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; , THENCE ALONG SAID RIGHT-OF-WAY, S 26 39' 48" E, 135.96 FEET TO THE POINT Of BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. 00 fi; ,'C, is ;",' :;; GI n I~ '.-' te. " . .' ~ li . -----.11 , 0{ I " :,' j I n I ~ . . '!., j' ., Ll:J: JlJl I .1 100Q /._) I L.. .. ..... ........., REGISTERED PROFESSIONAL. LA SU YOR c1yV/".:,.... :t.J, .' "'ID ,t j .~. ,_..-" I . ~.' -\1\ ' 6 EGON JANUARY 25. !~8IJ DARRYL J. Nt EMf ISSS ~w /Z-7/-()O CITY II "E ~ ------ 6k> " ~ AReA TO 11E. ANNex~J) Vie IN IlY MAP NO SCALE. 1-5 \. \t SHEer 1 ~_: =.:.: == - = . paill!ll State of Oregon ) County of Jackson ) I ~c.hnsten~ duly caused to have posted four (4) copies of Notice of Withdrawal of Certain Real Property from Jackson County Fire District No.5 to the City of Ashland attached exhibit "A"; Washington Street Annexation by Neuman four (4) public and conspicuous placed in the City of Ashland, Oregon on the 24th day of August 1999, and that the same will be kept posted in said places until after the 31st day of August 1999, that the following are the public places within said city where said Notice of Annexation Hearings were so posted and kept posted as aforesaid: v( ~ '7 City Hall Jackson County Library - Ashland Branch (Reference Desk) Western Bank - Ashland Branch Ashland Cooperative Food Store 'd postings were done as aforesaid by direction of the City Recorder. signature ~~ This instrument was acknowledged before me ong- / f- 9'7 , by ~ {!J'bs/:..e/J R:/l Iv Jl.tV~ lie for Oregon . OFFICIAL SEAL . SONJA N AKERMAN , j NOTARY PUBLIC. OREGON .... ./ COMMISSION NO. 310793 '" . MY COMMISSION EXPIRES APIlIlS. 2002 My commission expires: <I . ~ - O;Z Posted by: Dated: POST: August 24 THROUGH September 7,1999 NOTICE OF PUBLIC HEARING The City of Ashland fmds that the owner of the property described in Exhibit "An 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 on September 7, 1999 at 7:00 p.m. in the Council Chambers, 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. MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PAgCEL OF LA..~D TO BE I-...~NEXED TO TnE CITY OF ASHLAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THA7 BEARS S 00.03" 23" W, 251. 77 fEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, iHLLAMETTE MERIDIAN, :::N JACKSON COUNl'Y, OREGON; S}'.ID POINT OF BEGINNING LYING ON THE SOUTHERl.Y RIGHT-Or-WAY OF INTERSTATE 5 HIGHWAY, .r...LSQ BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET ; THENCE 5 OO~02116" W, 1180.83 FEET FOLLOWING THE 1/16 SECTION :L.INE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOtrrHERN PACIFIC RA!LROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 4~49'4S" W, 463.65 FEET TO THE BEGINNING OF A 2~06137" SPIRAL CuRVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS N 43:09'31" W, SS.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1-49114", A RADIUS OF 2164.93 FEET, THE LONG CHORD OF WHICH BEARS N 44-39'35" W, S7.85 FEET; , THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY or TfiE RAILROAD AND RUNNING N 00-0110a" W, B33.76 FEET; THENCE N 89~45114" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-Or-WAY, S 26-39'4S" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10:63 ACRES. By: Barbara Christensen, Ashland City Recorder , . ! CITY AReA TO 1lE. ANNEXJ:l) PUBLISH: August 24, 1999 August 31, 1999 VICINITY MAP NO SCALE... CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 August 23,1999 Ashland Sanitary Service Inc 170 Oak Street Ashland Or 97520 ~J The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUlZust 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cord~ly, . .LkM~ ~ Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 US Sprint Communications Network Real Estate, Rates & Tarrifs PO Box 12908 Shawnee Mission, KS 66282 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, U' // / -....L .) ,,(Jd0di.t ~ Barbara Christensen City Recorderffreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Avista Attention: District Manager PO Box 1709 Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUl!ust 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~/hd ~ Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Falcon Cable PO Box 399 Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~~~ Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 Rogue Valley Transit District 3200 Carter LakeAvenue Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~dU! ~ Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 August 23, 1999 Pacific Power & Light Company Attention: Distict Manager PO Box 1148 Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUlzust 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, k~~ Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND l<Otl.fGOI,j(;IVI/,-~ -?:<-"<-- f ASJ.f( 1"~ "'(10 '.-. "A" "'0.....4.. _-:-.,::'.< '0 VI (;, ';"'~-" ~ :;\" ,".1,,' 'l '" ~', ,...<~).J ~ ,; ~ ':':'~ ~ 11' 0.,.. O~EGO ~'} t-).ySt-:tlll ,"'I'I'-S CITY HALL ASHLAND, OREGON 97520 August 23, 1999 US West Communications - Premis Group Room 409 450 I lOth Avenue NE Bellevue, W A 98004 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999, Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~ai4. ~ Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND \l OR-fGOAl U,ylv<: ...-<-ic~ 'f ASJ.fl 1'-1;...... OO~O "~. ""'1-< "'..... -. ... .,~ ;. () l;' ':-''':''.'_ ~ L5 1,. '. _. ,.; ~ ~ ", '~"""),. r ",t ~ '~~'~-'~ '$ 0-1-/>. OREGO S'}'> \'.\'lYJW T,jl\\~ CITY HAL L ASHLAND. OREGON 97520 August 23, 1999 City of Ashland Department of Public Works & Maintenance Ashland Or 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 August 23, 1999 City of Ashland Department of FinancelUtilities Ashland Or 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Jackson County Elections Department 10 S Oakdale Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderffreasurer CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 August 23, 1999 Jackson County Communications Center, SORC 10 S Oakdale Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of AsWand, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND. OREGON 97520 August 23, 1999 Jackson County Sheriff 100 S Oakdale Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUlmst 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 Jackson County Public Works 200 Antelope Road White City, OR 97503 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Federal Emergency Management Agency Region X Federal Regional Center Bothell, WA 98021 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17.1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND ...ORfGONU..../t-o!' +",p- f ASItI. 1'.s;.. ~'(I.O '.-. ~A. " o 4.. _ ,"' ".. "'..... .- '\ ;, 0 II> <:;. .~., '" ~ 1, ,. "', ,; ~ ~', '~, .-<\),~I ,; ~ ':':. ,~. ~ :I 0-1-1>) OREGO c,"'.>~ ""Sty.llil ~>Jr-\~ CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Oregon Liquor Control Commission . IS Crater Lake Ave Medford, OR 97504 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of AsWand, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 Pacific Power & Light Attention: District Manager PO Box 1148 Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUl!ust 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND y,{,,<--'" OBf GOIv/J .;:,.... Of AS >\I,v ,0 "(10- "l "" i:;,' .' ,.,;' ,',-11- ~ ~1. .-"l',.,_ (;) '" <l ,....,... '. :lO ~ ,.........,,,' \ ~ <Sl ~ )< r' '" o-t- .- '~."" t' I>) 0 .1;.'>; ""s RE'GO~ ",,-t, b< ~I'I 1'lr-\~<;-)" CITY HALL ASHLAND, OREGON 97520 August 23, 1999 Department of Revenue Assessments & Appraisal Division Revenue Building, Room 256 Salem, OR 97310 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 August 23, 1999 Rogue Valley Transit District 3200 Crater Lake Avenue Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND ~OIHGO"'V"'I"<t ~<,;-~ f AS",~ -P~ "'(10, '- ~A" o ...... _ ,,,. ... '" ~ " -- -\'";,:,, 0 ~ v, ~ . ~ .:'i ',,_., '\ '" ~ -"~ ......):.,llir $ ~ ... \ . -4 ~ "'" "" ~I>) OREGO "'")~ "'stJ< JI'; \\;jr-,\~ CITY HALL ASHLAND, OREGON 97520 August 23, 1999 Ashland School District 5 885 Siskiyou Blvd Ashland, Or 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on AUl!ust 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderffreasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 Talent Irrigation District 104 Valley View Road Talent, OR 97535 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City RecorderfTreasurer CITY OF ASHLAND CITY HAL L ASHLAND. OREGON 97520 August 23, 1999 Jackson County Fire District #5 716 S Pacific Hwy Talent, OR 97535 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following docwnents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 City of Ashland Fire Department Ashland OR 97520 The City of AsWand has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderffreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 City of Ashland Police Department Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 City of Ashland Electric Department Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17.1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 City of Ashland Municipal Court Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderrrreasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 City of Ashland Engineering Department Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17.1999. Enclosed are the following documents: I. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 August 23, 1999 City of Ashland Building Department Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorder/Treasurer CITY OF ASHLAND CITY HAL L ASHLAND, OREGON 97520 August 23, 1999 City of AsWand Planning Department Ashland OR 97520 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street) on August 17. 1999. Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, Barbara Christensen City Recorderffreasurer - . ,'.Il< NOTICE OF PUBLIC HEARING The City of Ashland fmds that the owner of the property described in 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. Pursuantto ORS 222.524 a public hearing on September 7,1999 at 7:00 p.m. in the Council Chambers, 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. MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PAgCEL OF LAND TO BE }....'lNEXED TO THE CITY OF ASHLAND DESCRIBED AS FOLLOWS: BEGHrNING A"! A POUlT THAT BEA..~S S 00.03" 23" W, 251,7i FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, :::N JACKSON COUNTY, OREGON; SJl..ID POINT OF BeGINNING LYING ON THE SOUTHERLY RIGHT-Or-WAY or INT::RSTATE 5 HIGHliAY, .r..LSO BEING THE SOUTHERLY RIGHT-Or-WAY OF WASHINGTON STREET; THENCE S OO~02'16" w, 1180.83 FEET FOLLOWING THE 1/16 SECTION i.INE TO A POINT LyING ON THE SOUTHERLY RIGHT-Dr-WAY OF THE SOUTHERN PACIFIC RA!LROAD, SAID POINT ALSO BE!NG ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42.49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WriICH BEARS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE Ot 1.49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44.39'35" W, 87.85 FEET; . THENCE LEAVING THE EXISTING CITY LIMITS AND -THE SOUTHERLY RIGHT-Of-WAY OF THE RAILROAD AND RUNNING N OO.Ol'OS" W, 833.76 FEET; THENCE N 89~45t14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-or-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-Or-WAY, S 26-39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10:63 ACRES. By: Barbara Christensen, Ashland City Recorder VICINITY MAP Nt) SCALE... "' . PUBLISH: August 24,1999 August 31, 1999 ~._....~._._--_..._.'-'----"- -'~-'T--- RESOLUTION NO. 99- 5/ (\0 ~ 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 (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 September 7, 1999, 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 90 duly PASSED and ADOPTED this -L1- day of fl;~ ,1999. B rbara Christensen, City Recorder SIGNED and APPROVED this 11- day of ~ ,1999. ([)~ -: ~ Don Laws, Council Chairperson y;;;;~f~ Paul Nolte, City Attorney 1- Resolution F:\USER\PAUL\ORO\Annex reso setting ph (Neuman-Washington St.).wpd CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ')..").-day of ~ , 1999. Signature: ~. , Owner State of Oregon ) ) ss: County of Jackson ) \ Personally appeared the above named t c)v\ "I JJ ("'-WI A~...;J d aCknowledTfj. the foregoing instrument to be his voluntary act and deed. . , ~ Y Public for Oregon ~ -I-I - q , ommission expires: (c :\engineer\.doc) ----- ,-.-.---.. "'---T MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND A PA?CEI. OF LA.'lD TO BE ll~'lNEXED TO TiiE CITY OF ll.sHLAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THA7 BEAH.S S 00'03"23" 1'1, 251.7i FEET FROM 7HE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EPST, WILLAMETTE MERIDI}l~'l, :N JACKSON COUNTY, OREGO~; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHI'IAY, ALSO BEING THE SOUTHERI.Y RIGHT-Of-l'iAY 0:' WASHINGTON STREET; TH2NCE S OO~02'16" W, 1180.83 FEET FOLLm'IING THE: 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE: ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42"49'48" 1'1, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WiiICH BEJl.RS N 43~09'31" 1'1, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44"39'35" W, 87.85 FEET; THENCE I.EAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY OF THE RAILROAD AND RUNNING N OO'Ol'OS" 1'1, S33.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26'39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. fvl IT 0; [~ :) -,- ! G/ II d -----11 , I n I.' :1 : J:j : JUt I It IOCQ r..) I L. ... ".'_.' Cr'.v ..-,.:- :1.1. .' ^ID ' I j'~ I ,_", .._,"\1\" REGISTERED PROFESSIONAL. LA SU YOR EGON JANUARY 25. : ~8'l DARRYL J. NIEMI 1868 ~aI /Z-7/-CJO ------------,-. --- (' ,'Il 'E ~ CITY II ------ l:r ~ AReA TO tiE. ANNEX,&l) Vie I N ITY MAP NO seAL E- lit)' '-1J'~ ")eY "" It ~HEET 1 -----.,- a o~ J- RESOLUTION NO. 99- 5 I 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 (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 September 7, 1999, 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 90 duly PASSED and ADOPTED this -L2- day of fl;~ ' 1999. B rbara Christensen, City Recorder SIGNED and APPROVED this 11- day of ~ ,1999. ([)(~ -t~ Don Laws, Council Chairperson y;;:;~f~ Paul Nolte, City Attorney 1- Resolution F:\USER\PAUL\ORD\Annex reso setting ph (Neuman-Washington St.).wpd CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ~day of td.r-. ,1999. Signature: A... . , Owner County of Jackson ) ) ) State of Oregon ss: j~~A~ID= Y Public for Oregon {; - L./ - 'i 'i ommission expires: Personally appeared the above named instrument to be his voluntary act and deed. t OiA ~ (c :\engineer\.doc) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIOK TO CITY OF ASHLAND P. PA:<.CEI. OF LA.'1D TO BS P~'1NSXED TO TnE CITY OF P.5H:.AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THA. BEARS S 00.03.' 23" W, 251.77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EP.5T, WILLAMETTE MERIDIP~'1, IN JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTSRSTATE 5 HIGHWAY, .~SO BEING THE SOUTHSRI.Y RIGHT-OF-WAY OF WASHINGTON STREET; TH2NCE S OO~02'16" W, 1180.83 FEET FOLLO;HNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-I-lAY OF THE RAILROAD, N 42.49'48" W, 463.65 FEET TO THE BEGINNING OF A 2'06' 37" SPIRAL CURVE 0;:0 THE LEFT, THE LONG CHORD OF WHICH BEP.RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FE.ET, THE LONG CHORD OF WHICH BEARS N 44.39'35" Vi, 87.85 FEET; THENCE I.EAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF TliE RAILROAD AND RUNNING N 00.01' OS" W, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; . THENCE ALONG SAID RIGHT-OF-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rcl, IT r:; i~ ii',' ~ GI I < If: :. i I n I: . .!: ;;:: JlJl I LtIOOQ j'; -......". ,__..1 J L ,u."._, Crn/ !': . :..;. .' "'D ' " _' , -_-'. ~~,'\l\- ,.. EGOM JANUARY ,5. 1~1l'l DARRYL J. Nt EM I 1868 ~aI /Z-7/-()O CITY t- .'\) i ~ II ----- Ct ~ AReA TO tiE.. ANNEX~l) Vie I N fTY MAP NO 'SCALE. It ~HEET 1. RESOLUTION NO. 99- 5 f_ 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 (WASHINGTON STREET ANNEXATION BY NEUMAN) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: a. O~j.!.~ )C~.. ~.!... ~f,,: ~ 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 September 7, 1999, 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 90 duly PASSED and ADOPTED this -L1- day of tlt~ ' 1999. B rbara Christensen, City Recorder SIGNED and APPROVED this 1.2- day of ~ ,1999. ([)(!Y\ -r D-, Don Laws, Council Chairperson y;;;~~ Paul Nolte, City Attorney 1- Resolution F:\USER\PAUL\ORD\Annex reso setting ph (Neuman~Washington St.).wpd ------, CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ')..').--day of ~ , 1999. Signature: ...t.... , Owner State of Oregon ) ) ss: County of Jackson ) \ Personally appeared the above named b 0'" ~ JJ (,VI..... AU:::"'> d aCknOWledrJ::j the foregoing instrument to be his voluntary act and deed. , 4Z- y Public for Oregon ~ -l..1 - q 'i ommission expires: (c:\eIl8ineer\.doc) MOUNTAIN PAR~ DEVELOPMENT LLC EXHIBIT A ANNEXATIOK TO CITY OF ASHLAND F. PA~CEL OF LA."m TO BE: F~"lNE:XED TO TnS CITY OF Jl.5!CAN::l DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THA7 BEARS S 00003" 23" W, 251. 77 FEET FROM 7HE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EF.5r, WILLAMSTTE MERIDIF~, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTE:RSTATE 5 HIGHWAY, .;LSO BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLmUNG THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- Of-I;AY OF THE RAILROAD, N 42049'48" w, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEF.RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE Of 1049'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44039'35" ~7, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF TnE RAILROAD AND RUNNING N 00001'08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26039'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rvl; IT C; i~ ii .,' ! G) II {, I" 1 I n I ~ .j : Jj: JlJl I L1100Q 1'.), L .. '..' Crn/ .,... "';1 ' 'D ' I , '._. . , ..; I . ~_...\ J\, , '6 EGON JANUARY 25. ! ~8IJ DARRYL J. NI EMI 1868 ~a1 /Z-7/-CJO (- .'\) i - CITY' II ----- " ~ AReA TO [lE. ANNEXKl) Vie t N ITY MAP NO SCALE... ftt.l' ...,J'~ '>01 " Ii SHEET 1 ----T RESOLUTION NO. 99- 5 f_ a~ c', :".- .,{)~ ..,;. '\ ... "'~i i.' ~. 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 (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 September 7, 1999, 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 90 duly PASSED and ADOPTED this li- day of /lJt~ ' 1999. B rbara Christensen, City Recorder SIGNED and APPROVED this 11- day of ~ ' 1999. CD (f'Y\ "1 D-. Don Laws, Council Chairperson y;;;~~ Paul Nolte, City Attorney 1- Resolution F:\USER\PAUL\ORD\Annex reso setting ph (Neuman-Washington St.).wpd ---r CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ~day of ~ , 1999. Signature: ~. , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. jc~~ A~ d '"m=''''r'J''''' f.,"""'''' , ~~ y Public for Oregon om mission expires: {;-Z-I-q, (c:\engineer\.doc) MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND F. PA:<.CEI, OF 1&'<0 TO BE F~"lNEXED TO ThE CE'Y or F.5HIANJ DESCRIBED AS FOLLOWS: BEGINNING A'!: A POINT THAT BEA..q.s S 00003" 23" W, 251. 7; FEET FROM THE NE 1/16 CORNER or SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EF.5T, WILLAMETTE MERIJIF~"l, IN JACKSON COUNTY, OREGO~; SAID POINT or BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, .~SO BEING THE SOUTHERLY RIGHT-Of-WAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 fEET FOLLO\iING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-t~AY OF THE RAILROAD, N 42049'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEF.RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1049'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44039' 35" W, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00001'08" w, 833.76 fEET; THENCE N 89",45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; o THENCE ALONG SAID RIGHT-OF-WAY, S 2639'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rvl. IT C; ii ii -,' ! GI , ~ I I' :. , I n I ,~ . J : . i.;: JlJI I 11100Q i;; L..~: ,- 1,.-..11 L .h_____. Cr'-\I i': . -.'.i. .' 'ID. . j I '_. '__'I. k_,"\l\. r EGOf'4 JANUARY 25. ! ~8IJ DARRYL J. NIEMI 1868 ~~ IZ-7/~OO CITY II t' -~ ~ - u ~ AReA TO ~e.. ANNEXKl) Vie I N ITY MAP No SCALE. It ~Heer 1 ~"", RESOLUTION NO. 99-50 Ir\.. ,~<,,~ .q>-- A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 and 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 March 3, 1999. 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 owners of the \ ~ \fX.. property annexed and shall submit a copy of this resolution to the County Assessor and ~\ County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Code /1 day of tllL-r.l.t1:r ,1999. arbara Christensen, City Recorder SIGNED and APPROVED this lL day of ~ ,1999. ~~ R~'ro~ Paul Nol e,~ Att rney Don Laws, Council Chairperson (p:ord\annx.neu.re1 ) ----.---- MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PARCEL OF LA."W TO BE JI~'lNEXED TO THE CITY OF JI.5H:.AND DESCRIBED AS FOLLOWS: BEGINNING A'!: A POIN7 THA7 BEARS S 00003"23" W, 251.7/ FEET FROM 7HE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 sp.5r, WILLAMSTTE MERIDIJlR, :N JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHl'lAY, .r.LSO BEING THE SOUTHERLY RIGHT-OF-l'iAY OF WASHINGTON STREET; TEENCE S OO~02'16" W, 1180.83 FEET FOLLO;.,ING 7HE 1/16 SECTION ~INE TO A POINT LYING ON THE SOUTHERLY RIGHT-Of-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- Of-NAY OF THE RAILROAD, N 42049'48" w, 463.65 FEET TO THE BEGINNING OF A 2~06'37" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BElI-RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44' 39 ' 35" \'1, 87. 85 FEET; THENCE L2AVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-Of-WAY OF TnE RAILROAD AND RUNNING N 00'01' 08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26039'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rl f? :'" ;\ ,',- rs n I D I, LS ,,' h ,f . " in I i -\ I , : ~; i I n I' :1 : ;r,;: JlJl I L1100Q i; -~." /._./ J L... ...... """,' C,",.v /".: ... ".U; " 1\ID ' I j '_., , ,_' I '~.' - ~ I . ' EGON JANUARY 25. l~il'l DARRYL J. Nt EM I 1868 ~w /Z-7/-CJO CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ')..:).--day of ~ ,1999. Signature: ~. , Owner State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named instrument to be his voluntary act and deed. jC~~A~ d ~kOOWI"'r'J.ili thoe f f:or,egoing , ~~ Y Public for Oregon ommission expires: ~ -LI- q'i (c:\engineer\.doc) CITY II C" '\) l ~ ------ "" ~ AReA TO 1lE. ANNEXEf) VIe I N ITY MAP No SCALE. 1-5 \. \t 5HliEr 1 ANNEXATION PROCEDURES CHECK LIST: LOCATION PLANNING ACTION #_ RESOLUTION #_ 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. Planning Department will coordinate date for annexatio with Recorder. City Attorney will prepare resolution setting the date a hearing. This resolution S '1r. will direct Recorder to publish & post no' s: (lo't o..f piA..~ (~1:lJ( a) Publish notice once week for two consecutive weeks prior to date of V hearing in ne aper of general circulation. 10 ofrJ-o P otices in four (4) public places for period of first publication through ~. date of hearing. \ ((tSM /Wl b) SRflRJMJCl!: }lll .n.ct-"-f>pt.'ttM -IOO~O ~ ~br 3. At the time of the earing, council will consider ordinance proclaiming anne authorizing annexation agreement. * When adopted do the following: KtS~'h~ ~ - /to ~c.. kQAYtA.~ 4 ~ ~~~\r~4l(. J }J Pr a) Mayor & Recorder sign thcoldinllflee. 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. v V' / -dfr b) DO THE FOLLOWING FOR PROCLAMATION OF ANNEXATION: Obtain copy of map. Map should include address of property annexed, which should be obtained from county records. Ifthere is no address, notate on map. (ORS 222.005) c) Request original consents to annex from Planning. l"t.:>eluh ~ Within ten (10) days of "nassal!:e" of .ldi4A~e by council (ORS 222.005), provide copies of signed Qnlintlfte., including map, by certified mail to all public utilities. ~ e> 3. 4. As soon as possible, transmit to Secretary of State with letter: (ORS 222.177) a) Certified copy of resolution setting the public hearing. e..soeU'l G"tO.. Certified copy of orainnnee proclaiming the annexation. b) c) Certified copy (ies) of consents to annex. City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 (fax) August 19, 1999 co/:) ,~ Secretary of State State Capitol Salem, Oregon 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation). Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. A legal description and map are included. 2. A copy of the Statement of Consent from the owners of the property annexed. I trust that this will comply with the filing requirements of State Law. c~~ Barbara Christensen City RecorderlTreasurer Enclosures (3) City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (phone) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 (fax) August 19, 1999 ~-~ J'O" l~b~ Jackson County Assessor 10 S Oakdale Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation). Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. A legal description and map are included. 2. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. Cordially' B rbara Christensen City RecorderlTreasurer Enclosures (3) City of Ashland City Hall City Recorder's Office Barbara Christensen, City Recorder (541) 488-5307 (plume) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5311 (fax) August 19, 1999 Cr\., ~. :,1" """" 4'~J-. Jackson County Surveyor 10 S Oakdale Medford, OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Washington Street Annexation). Enclosed are the following documents: 1. A copy of Resolution No. 99-50, annexing the area. A legal description and map are included. 2. A copy of the Statement of Consent from the owners of the property annexed. 1 trust that this will comply with the filing requirements of State Law. ~ Barbara Christensen City Recorder/Treasurer Enclosures (3) State of Oregon County of Jackson City of Ashland ) ) ss. ) fr',~ '-,,?~) . "'"", .('", .~~;1 ~ ~ CERTIFICATE OF CITY RECORDER 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. 99-50, annexing a contiguous area to the City of Ashland, Oregon, and providing for an effective date. (Washington Street 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 the 19th day of August , 1999. arbara Christensen, City Recorder/Treasurer Subscribed and sworn to before me this ! '1 day of tk~ {j '-/}/l . aj.t/vv>,~..J ,1999. . OFFICIAL SEAL . SONJA N AKERMAN .. ! NOTARY PUBLIC. OREGON .... ..... COMMISSION NO. 310793 .. MY CIIMMISSIIlII EIPlRlS APRli. IDOl Notary lic for Oregon My Commission expires: 1- (r 0 'A. C BEFORE THE ASHLAND CITY COUNCIL O~,.-. JACKSON COUNTY, OREGON r February 2, 1999 IN THE MA TIER OF PLANNING ACTION #99-006, A REQUEST FOR ANNEXATION OF THE PROPERTY LOCATED EAST OF JEFFERSON AVENUE AND NORTH OF THE RAILROAD TRACKS, WITH FRONTAGE ALONG WASHINGTON STREET. THE PROPERTY CONSISTS OF APPROXIMATELY SEVEN ACRES. ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) APPLICANT: DOUG NEUMAN ----------------------------------------------------------------------------------------------------------- RECITALS: I) Tax lot 2400 of 39lE 14A is located east of Jefferson Avenue and north of the railroad tracks, with frontage along Washington Street at and is proposed to be zoned M-I (Industrial) and E-I (Employment). 2) The proposal involves a request for Annexation of an approximately seven acre parcel. The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review and Partition request 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 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. 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 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 . 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. H. One or more of the following standards are met: I. The proposed area for annexation is to be residentially roned, 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 February 2, 1999, 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 and M-I, is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed manufacturing business is an allowable use within both districts. C. The land is currently contiguous with the present City limits. The property, with the inclusion of the railroad right-of-way, is contiguous to the existing City Limits that runs along the railroad tracks. 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. These main lines are located approximately 1000 feet to the north, adjacent to Washington Street. The developer is required to extend the City mains up to the site and to the end of the new public street. City storm drain facilities are required to be installed in the new public street. Run-off from the new street will be directed into the drainage ditch along Washington Street, where it eventually dumps into a small creek approximately 1200 feet north of the project. The open ditch is required to be engineered and constructed in accordance with the standards of the Public Works Department. 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 (Le. paving, curb and gutter, full improvement, etc.) based upon the street's location relative to the annexed area. In this case, Washington Street will be improved with a minimum 20 foot wide paved surface, from Highway 66 up to and along the entire frontage of the property. In addition, the approximately 1000 feet of Washington Street leading to the property has a rough surface, more consistent with a County road standard. This section will need to be paved to a width of20 feet and overlaid with additional asphalt to create a smooth driving surface. The next level of street improvement includes streets immediately adjacent to the annexed area. This section of Washington Street will be improved to a width of 28 - 30 feet, and include curb and gutter, storm drains and sidewalks along at least one side. This would apply to the approximately 100 foot section of Washington Street abutting the property. A 25 foot wide right-of-way dedication is required along the east property line. Development cannot occur on Parcel 3 without this section of Washington Street being improved to a half street standard, including a minimum pavement width of20 feet, curb and gutter, storm drains and sidewalks. The new public street is required to be constructed to full City standards. This would include constructing this street to a width of approximately 36 feet, with curb and gutter, urban storm drains and sidewalks. The installation of public sidewalks along the frontage of each parcel would be completed prior to issuance of a certificate of occupancy for new construction on each individual parcel. Accordingly, a public sidewalk would be installed along the entire frontage of Parcel I prior to issuance of a certificate of occupancy for Oak Street Tank and Steel. 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, 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-1 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. The proposed parcels will be zoned E-1 and M-1. At its meeting of January 12, 1999 the Planning Commission approved a Land Partition and Site Review for Parcell to construct an approximately 20,000 square foot building to house "Oak Street Tank and Steel", a manufacturer of steel tanks. 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 # 99-006. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full City services, including but not limited to water and sewer mains and electric service, be extended to the project and to the west end of the proposed new public street. Engineered plans for all improvements to be approved by the Public Works Division and all services to be installed or fully bonded for in accordance with City requirements prior to adoption of the ordinance annexing the property. 3) That Washington Street be paved to City standards to a width not less than 20 feet, along the full frontage of the project site to Highway 66. Portions of Washington Street already meeting this standard, as determined and verified by the Staff Advisor are excluded from the requirements of this condition. Final design to include the location of and proposed modifications to drainage ditch (parallel to the street & within the right-of-way), as well as be engineered to accommodate existing and calculated run-offfrom the project. In addition, design to accommodate a level, 4 foot wide gravel path along the west side of the street. 4) That the diagonal section of Washington Street (approximately 110 feet in length) adjacent to the annexed area be improved to a minimum paved width of approximately 28 - 30 feet, and include curb and gutter on both sides, storm drains and a 6 foot wide sidewalk along the frontage of the annexed property. 5) That right-of-way be dedicated, 25 feet in width (including a radius at the angle point), along the entire east property line of the annexed area in order to accommodate the future extension of Washington Street. Right-of-way dedication to be indicated on the partition plat. No development to occur on Parcel 3 until this section is improved to City standards, including but not limited to a pavement width of20 feet, curb and gutter (west side), storm drains and the installation of a six foot wide public sidewalk. 6) That an agreement be recorded on parcel 3 requiring participation in a local improvement district for the improvement of the abutting section of Washington Street to full City street standards. Agreement to be signed and recorded with the partition plat. 7) That the proposed new public street be improved to full City standards from the intersection with Washington Street to the west property line. Full street improvements to include, but not limited to, a pavement width of36 feet, curb and gutter on both sides of the street and storm drains. A public sidewalk, a minimum of six feet in width, to be installed along the full frontage of each parcel prior to the issuance of a certificate of occupancy for development of each parcel. 8) That civil engineering for all public facilities be submitted for review and approval by the Departments of Public Works and Planning prior to recording of the partition plat. Engineered design for the new street shall intersect Washington Street along the north - south section of the street so that the intersecting is approximately 90 degrees and complies with City sight distance standards. 9) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each parcel prior to the issuance of a certificate of occupancy. Street trees to be chosen from Ashland's Street Tree List. 10) That all easements for sewer, water, electric, phone, cable and streets be indicated on the final survey plat as required by the City of Ashland. 11) That a revised site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission be submitted for review prior to the issuance of a building permit for Parcel 1. Landscaping to be installed in accordance with the approved plan prior to the issuance of a certificate of occupancy. 12) That all requirements of the Ashland Fire Department be complied with prior to use of combustible materials on site and the signature of the final survey plat. All Fire department requirements, including but not limited to hydrant placement, etc. be included on the engineered construction documents for public facilities. 13) That an opportunity to recycle site be located on the site in conformance with the standards adopted under 18.72.115 prior to issuing a certificate of occupancy. 14) That covered bicycle parking to be installed prior to issuance of a certificate of occupancy. Bicycle parking/racks to be constructed and installed in accordance with the approved plan and City standards described in 18.92. Specific rack design to be submitted for review and approval at the time of building permit submission. 15) That the development be responsible for the piping of the T.LD.line that runs along the railroad tracks with a 12 inch pipe, as well as the T.LD. line along the east side of tax lot 2400 with a 6 inch pipe. These improvements to be completed in accordance with T.LD. specifications and that T.LD. be furnished with an easement along both pipelines. 16) That a sign be constructed and installed bear the intersection of Washington street and the new street in accordance with the requirements of the Ashland Public Works Department. Sign to indicate that there exists no truck turnaround or through access. 17) That all catch basins incorporate water/oil separators and specified in the proposal. Such system to be identified at the time of issuance of a building permit. DATED this 3'& day of March, 1999. ~.-3iM~ Catherine M. Shaw, Mayor ANNEXA nON PROCEDURE: / vi Application for annexation of land to Planning Commission. Planning Action. Applicant files a non-revocable consent to annex which the Planning Department notarizes and sends to the County for recording. (Original is given to City Recorder for filing) 1 Appli/"!:Int rigna aR agrsS81f!Rt tS}3a) tlu... auu....hal;..m f\...... n..'iuit....d by AMC 4.1o.tl20. 4. Applicant signs an agreement to deposit an amount sufficient to retire any outstanding indebtedness of Public Service Districts defined in ORS 222.510. (AMC 4.14.g20) 5. Recommendation of Planning Action to City Council for Public Hearing. 6. Approval/Denied of application by Council. 7. Findings, Conclusions, and Decisions adopted by Council. 8. Denied: No further Action. 9. Approved: Survey Plat and Description of property to be completed by applicant and submitted to Public Works. 10. Ordinance placed on agenda with attached final Survey Plat and Description of property for Council approval. II. After 2nd reading and approval of Ordinance annexation is effective after 30 days. 12. City Recorder shall report to the County Clerk and County Assessor of the county changes in the boundaries of the city. The report shall contain a detailed legal description ofthe new boundaries established by the city. The report shall be filed by the city within 10 days from the effective date of the change of any boundary lines. 13. City Recorder shall transmit to the Secretary of State a copy of the ordinance proclaiming the annexation. Chapter 4.14 ANNEXATION FILING FEES Sections: 4.14.010 4.14.020 4.14.025 4.14.030 4.14.040 Purpose. Application. Boundary Description. Filing Fee. Public Hearing. 4.14.010 Purnose. The purpose of this Chapter is to insure that annexations are in conformance with ORS Chapter 197 and the statewide planning goals, and to require applicants for annexation to deposit with the City a fee sufficient to cover all costs of processing a request for annexation. 4.14.020 Aoolication. The legal owner of record, or the contract purchasers pursuant to a recorded contract of sale, may make application for the annexation of land(s) contiguous to the City on forms to be provided by the City. Said application shall include a consent to annexation which is non-revocable for a eriod of three (3) years from its date; an agreement to pay the annexation fee required b Section 4.16.010 an an agreement to deposit an amount sufficient to retire any outstanding indebtedness of Public Service Districts defined in ORS 222.510. (Ord. 1943, 1977) ~ r~~ 4.14.025 Boundary Descriotion. The application required in Section 4.14.020 shall be accompanied by a boundary description and map prepared in accordance with ORS 308.225. Said boundary description and map shall be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as required by ORS subsequent to Council approval of the proposed annexation. (Ord. 2004, 1979) 4.14.030 Filinl!: Fees. At the time of submitting the required application, a filing fee shall be submitted as required in Section 18.108.060 of the Municipal Code. (Ord. 1943, 1977) (Ord. 2052 S2, 1979) 4.14.040 Public Hearinl!:. Public hearings shall be held as set forth in Section 18.108.080 of the Municipal Code. (Ord. 1943, 1977; Ord. 2052 S3, 1979) Title 4 Page 6 "6 -1-;)- '1'-1 ~b<~/~<- ~ Council Communication '"\"0 de:> ~ C"b ~~, c-.-' 15"-' '---\. ~ . -t-h.., Legal Department l) c.Jo.->-- 'S .. . Setting Public Hearing for Annexation ~ L~""'- v...",- 1-; \ August 17, 1999 ~ ~ +-. 'I ~'^""'c: \ Submitted bY:~1 Nolte Approved by: Mike Freeman ~-\?o' \ ~ ~o."()- ~\z-' . tr '3~ 25m. c-~. Title: ~. ~ \..>..Jd; o,~ ~ .....,s 7 A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real +, r('< . Property from Jackson County Fire District No.5; and Directing Publication of Notice as Required by ORS 222.524 (Washington Street Annexation by Neuman). B~ Synopsis: The council approved this annexation on February 2, 1999, and adopted findings on March 3, 1999. The resolution annexing the property is scheduled for the council meeting on August 17, 1999. In addition to annexing the property, the council should also withdraw the property from the fire district as Ashland provides fire protection within the city limits. A public hearing is required by statute before the property may be withdrawn from the district. Recommendation: Move to adopt the resolution setting the public hearing. Background Information: This is the third phase of a three-phase process for a "full consent" annexation (where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planrting commission and the counciL That phase was completed in February 1999 when the council held a hearing and voted to approve the annexation. The second phase is before the council at the August 17, 1999 meeting and consists of the actual annexation of the property by resolution of the counciL The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district the city generally withdraws from is Jackson County Fire District #5. This phase involves a public hearing and council adoption of an ordinance withdrawing the area from the district. F:\USER\PAUL\ORD\Annex reso setting public hearing (Neuman-Washington 51.) cc.wpd RESOLUTION NO. 99- 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 (WASHINGTON STREET ANNEXATION BY NEUMAN) 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 September 7, 1999, 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 9 2.04.090 duly PASSED and ADOPTED this day of ,1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,1999. Catherine M. Shaw, Mayor y;;;;~f~ Paul Nolte, City Attorney 1- Resolution F:\USER\PAUL\ORD\Annex reso setting ph {Neuman-Washington St.).wpd CITY OF ASHLAND ENGINEERING DIVISION 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 City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the 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 ')..).-day of ~ , 1999. Signature: ~. - State of Oregon ) ) ss: County of Jackson ) , Owner j c...~,,~ d ~kOOW1"'r'J"" Co;",o'o, , ~~ Personally appeared the above named instrument to be his voluntary act and deed. tov\ y Public for Oregon ommission expires: ~-z-I-qc, (c :\engineer\. doc) ~ OFFICIAL SEAL JULIE ANNE AUSTAD NOTA~Y PUBlIC-O~EGON OMMISSION NO. A042708 MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATIO~ TO CITY OF ASHLAND A PA"CEI, OF LA.'lD TO B:: Jl~'lNE:XED TO TtiE CITY OF Jl.s!EAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THA7 BEARS S 00'03"23" W, 251.77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIJl~'l, IN JACKSON COUNTY, OREGO~; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGH~IAY, ."'.LSO BEING THE SOUTHERLY RIGHT-OF-,.iAY OF WASHINGTON STREET; THENCE S OO~02'16" W, 1180.83 FEET FOLLO>VING THE 1/16 SECTION ~INE TO A POINT LYING ON THE SOu~HERLY RIGHT-Or-WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42'49'48" W, 463.65 FEET TO THE BEGINNING OF A 2~06' 37" SPIRAL CURVE 70 THE LEFT, THE LONG CHORD OF WHICH BEJI..RS N 43~09'31" W, 88.35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 1'49'14", A RADIUS OF 2764.93 FEET, THE LONG CHORD OF WHICH BEARS N 44'39'35" W, 87.85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00'01 '08" w, 833.76 FEET; THENCE N 89~45'14" E, 377.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY or INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-Or-WAY, S 26'39'48" E, 135.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.63 ACRES. rcl. ~ ;:; i~ :; -'.' ? GI II ~ : I' :. , I n I ," . .1: J:,j: JUt I L1 100Q I;) L.. .. ....... .n.......... ., Cr"'/ n.:.- ....,; ! "0 ,I , '__ , '_'!. ._,-\1'" REGISTERED PROFESSIONAL. LA SU YOR EGON JANUMY 25. :~~ DARRYL J. NIEMI 1868 ~aI /Z-7/-00 CITY II l:' ,'I) 1 ~ ----- " ~ AReA TO l!E.. A.NNEX~l> Vlel N flY MAP NO seAL E... 0')' 'i'J'~ ~oI " ,/ / 1-5 \, I( ~HeET 1 Chapter 18.106 ANNEXATIONS Sections: 18.106.010 18.1 06.020 18.1 06.025 18.1 06.030 18.1 06.040 18.1 06.050 18.106.060 Procedure Application Initiation by Councilor Commission Approval Standards Boundaries Statutory Procedure Procedure 18.106.010 Procedure. All annexations shall be processed under the Type III procedure. (ORD 2791,1997) 18.106.020 Aoolication. Except for annexations initiated by the councilor commission pursuant to section 18.106.025, application for annexation shall include the following information: A. Consent to annexation which is non-revokable for a period of one year from its date. B. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510. C. Boundary description and map prepared in accordance with ORS 308.225. Such description and map shall be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as required by statute subsequent to Council approval ofthe proposed annexation. D. Written findings addressing the criteria in 18.106.030. E. Written request by the property owner for a zone change. Provided, however, no written request shall be necessary if the annexation has been approved by a majority vote in an election meeting the requirements of Section 11 g of Article Xl of the Oregon Constitution (Ballot Measure No. 47). (ORD 2792,1997) 18.106.025 Initiation bv Council. A proposal for annexation may be initiated by the councilor commission on its own motion. The approval standards in section 18.106.030 shall apply. Provided, however, that in the case of annexation pursuant to section 18.106.030.4 (current or probable public health hazard due to lack offull City sanitary sewer or water services) or section 18.1 06.030.6 (the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits), the approval standards in section 18.106.030.E, F and G shall not apply. (ORD 2792,1997) 18.106.030 AODroval standards. 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: Revised January 1997 Title 18 Chapter 18.106 Page 1 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 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. 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 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 Revised January 1997 Title 18 Chapter 18.1 06 Page 2 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 ofthe annexed area containing undevelopable areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all residential annexations offour 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: 1. 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 Revised January 1997 Title 18 Chapter 18.106 Page 3 2. The proposed lot or lots will be zoned E-I or C-l 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) 18.106.040 Boundaries. When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly. (ORD 2792, 1997) 18.106.050 Statutory orocedure. The applicant for the annexation shall also declare which procedure under ORS Chapter 222 the applicant proposes that the Council use, and supply evidence that the approval through this procedure is likely. (ORD 2792,1997) Revised January 1997 Title 18 Chapter 18.106 Page 4 Council Communication Department of Community Development Planning Division February 2, 1999 Submitted by: John McLaughlin @ Approved by: Mike Freeman ~ Title: PLANNING ACTION 99-006, a request for annexation of a seven acre parcel located east of the end of Jefferson Avenue, abutting the Southern Pacific railroad track and with frontage along Washington Street. Comprehensive Plan Designation: Industrial and Employment (proposed comprehensive plan designation: industrial and employment); Zoning: M-l and E-l (proposed zoning: M-l and E-l); Assessor's Map #39 IE 14A; Tax Lot 2400. APPLICANT: Doug Neuman Synopsis: On January 12, 1999, the Ashland Planning Commission approved the site review request filed by the applicant to construct a 20,000 sq. ft. building to house Oak Street Tank and Steel, and to partition the property into three parcels. They also recommended to the Council that this land be annexed into the City. The only issue before the Council is the annexation request as the Planning Commission has the authority to approve site reviews and partitions. At the time of the preparation of this packet, the Public Works and Planning Staffs have been working with surrounding property owners to address concerns regarding failing wells, provision of city water, and the possible expansion of the annexed area to include these areas. Further clarification of this issue will be presented at the hearing. The applicant has indicated a desire to expedite this application, which has not allowed the staff the full opportunity to address the possible expansion of the annexed area prior to the Council's hearing on this matter. Recommendation: The Planning Commission has forwarded on a recommendation to approve the annexation of the seven acre parcel into the city limits. After accepting testimony and evidence, Staff would recommend that the Council move to annex the property, and direct Staff to bring back the appropriate ordinance formally annexing the property. Additional direction to Staff may be provided on the issue of the surrounding properties and possible annexation or future annexation, based on information provided at the hearing.. Background Information: The record for the planning action is attached, including all submittals by the applicant, staff reports, minutes of the public hearing, and written information submitted during the public hearing. The request involves the annexation of approximately seven acres of land in the Washington Street area to allow for the relocation of Oak Street Tank lind Steel. Since the parcel is in excess of the area needed for only Oak Street Tank, the applicant has received approval from the Planning Commission to partition the lot into three parcels. Services, including water and sewer, will be extended down Washington Street (currently a state right-of-way with no maintenance) to the proposed site. Washington Street will receive a new surface, with storm water being addressed, and a pedestrian path being developed back to the City limits. Full street improvements are required within the annexed area, with additional improvements to Washington Street abutting the property deferred to future development of the property. As stated earlier, the Planning Commission has approved the Site Review and land partition as well as an adjustment in the zoning lines between the M-I and E-I zoning. The Council's review is limited to the annexation request. Details of the annexation request are explained in the Staff Report, pages 5-16 of the packet. RECORD FOR PLANNING ACTION 99-006 REQUEST FOR ANNEXATION OF A SEVEN ACRE PARCEL LOCATED EAST OF THE END OF JEFFERSON AVENUE, ABUTTING THE SOUTHERN PACIFIC RAILROAD TRACK AND WITH FRONTAGE ALONG WASHINGTON STREET. COMPREHENSIVE PLAN DESIGNATION: INDUSTRIAL AND EMPLOYMENT (PROPOSED COMPREHENSIVE PLAN DESIGNATION: INDUSTRIAL AND EMPLOYMENT); ZONING: M-1 AND E-1 (PROPOSED ZONING: M-1 AND E-1); ASSESSOR'S MAP #39 1E 14A; TAX LOT: 2400. APPLICANT: DOUG NEUMAN . Notice Map and Relevant Criteria .................................. 1-4 . Planning Department Staff Report dated January 12,1999 .............5-16 . Staff Exhibits ................................................ 17-19 . Planning Commission Minutes dated January 12, 1999 ...............20-24 . Street Tree Commission Site Review dated January 7 I 1999 ............. 25 . Applicant's Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-38 . Applicant's Exhibits ........................................... 39-43 . Letter from Pat LeRoy dated January 11, 1999 . . . . . . . . . . . . . . . . . . . . . . 44-46 Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on February 2. 1999 at 7:00 p.m. at the ASHLAND CIVIC CENTER. 1175 East Main Street. Ashland. Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the land Use Board of Appeals (LUBA) on that issue. Failure to speCify which ordinance criterion the objection is based on also precludes your right of appeal to lUBA on that criterion. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. During the Public Hearing, the Mayor shall allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria, Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing, If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, City Hall, at 552- 2041. r_ ~ UII f ! I .~ ---- - -..... --- -- ~(.. UN '2. ~ I I I I I I.. It-__ I_- I :.:=': = I ~ I I I I I"" I I I EXISTING "II-I" .,.. ....,.... gr. aa. ... d:) - ~I'.,.,""."..','..,.";,.... '" '. "...'.... '. ,""'''''''''' 1\;; --";'1':,,' I;, ",;," ",i' "",!,; ';,~~, I I' - -- -- " >- PLANNING ACTION 99-006 is a request for Annexation of a seven acre parcel located east of the end of Jefferson A venue, abutting the Southern Pacific Railroad track and with frontage along Washington Street. (On January 12, 1999, the Ashland Planning Commission approved a 3-lot Partition and Site Review for the construction of a steel tank manufacturing business - Oak Street Tank and Steel). Comprehensive Plan Designation: Industrial and Employment (proposed Comprehensive Plan Designation: Industrial and Employment); Zoning: M-I and E-I (proposed Zoning: M~I and E-I); Assessor's Map #: 39 IE 14A; Tax Lot: 2400. APPLICANT: Doug Neuman I 18.106.030 ADDroval standards. An annexation may be approved :<'the proposed request for annexation conforms, or c. .xl made to conform through the impos...on of conditions, with the following approval criteria: A. B. ~ E. Revised January 1997 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 Title 18 Chapter 18.106 Page 2 c:< 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 o~ 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 residential annexations offour 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: 1. 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 Revised January 1997 Title 18 Chapter 18.106 Page 3 2 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) Revised January 1997 Title 18 Chapter 18.1 06 Page 4 L/- _'~-_____~_________u_____u_______~.______ _______ ASHLAND PLANNING DEPARTMENT STAFF REPORT January 12, 1999 PLANNING ACTION: 99-006 APPLICANT: Doug Newnan LOCATION: Off Washington Street, east of the end of Jefferson Avenue and north of the railroad tracks. ZONE DESIGNATION: M-I (Industrial) and E-I(Employment) proposed COMPREHENSIVE PLAN DESIGNATION: Industrial (M-I) and Employment (E-I) ORDINANCE REFERENCE: 18.40 18.52 18.72 18.76 18.106 Employment District Industrial District Site Design and Use Standards Partitions Annexations REQUEST: Annexation and Comprehensive Plan map adjustment for the property east of the end of Jefferson Avenue and north of the railroad tracks, with frontage along Washington Street (not fully improved section). Also involves a Land Partition to divide the property into three lots and Site Review to construct an approximately 20,000 square foot building to house "Oak Street Tank and Steel" on parcel one, a manufacturer of steel tanks. I. Relevant Facts 1) Background - History of Application: There are no planning actions of record for this site. 2) Detailed Description of the Site and Proposal: This request involves a property approximately seven acres in size. The property is located on the north side of the railroad tracks, between the partially improved section of Washington Street and the west terminus of Jefferson Avenue. The land has a gentle slope to the north and contains no notable trees or significant natural features. The property is centrally located in an area surrounded by the City of Ashland. 5 Proposal: Annexation and Comprehensive Plan map adjustment The proposal involves a request to annex seven acres into the City of Ashland, partition the land into three parcels and construct a steel tank manufacturing business on one of the three lots. The Comprehensive Plan designation for the property is split, with the first 300 feet north of the railroad tracks having a Plan designation ofIndustrial (M-1), and the remaining portion being Employment (E- 1). Consequently, the application requests a Comprehensive Plan map amendment, such that the two plan designations follow proposed property lines rather than bisect the property as currently shown. Land Partition and Site Review As noted, the application includes a Land Partition to divide the property into three lots, and Site Review to construct a new commercial building on Parcell. The lot is intended to be the new home for Oak Street Tank and Steel, a local manufacturer of steel tanks, currently located in Ashland at the comer of Oak and "A" Streets. A new public street will be constructed to serve the three parcels, extending east to west from Washington Street into the property. The proposed building will be approximately 20,000 square feet in total floor area and situated to the front (north) end of parcel one. A circular driveway system is designed to provide truck and automobile access around the perimeter of the building, as well as through the front half of the structure. This system will allow raw materials to be off-loaded in the front portion of the building and permit the finished product to be loaded onto trucks at the rear of the building. Administrative offices, employee eating area and an assembly/manufacturing viewing room will be located on the east side of the building. The majority of off-street parking will be located on the other side of the building, with handicap accessible and visitor parking being provided adjacent to the administrative offices. The office area can be accessed from a concrete walkway, proposed to be installed from the front entrance to a new public sidewalk along the frontage of parcel one. Bicycle parking is proposed to be located underneath the covered front entry and adjacent to the "visitor" parking area. Trash and recycling facilities will be placed behind the building. PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 h Page 2 Public facilities needed to serve this project are proposed to be extended to the site. City sewer, water and electric service are currently located near the northerly bend in Washington Street, approximately 1000 feet from the property. City storm drains will be installed in the new public street and directed into an existing ditch parallel to Washington Street. The drainage ditch flows to the north and ultimately dumps into a small creek channel. Transportation to the property will from the new public street and Washington Street. Both streets are required to be improved to City standards. The extent of these improvements is discussed later in the Staff Report. In addition, the City's Transportation Plan map identifies a future street dedication along the east boundary of the property, ultimately connecting Washington Street to Benson Way and over to Crowson Road. The dedication of right-of-way for the extension of Washington Street is a requirement of any planning approval for this property. II. Proiect Imoact This application includes an Annexation, Comprehensive Plan map adjustment, Land Partition imd Site Review for the construction of a new business. The issues relating to the Partition and Site Review are relatively straight forward, while those surrounding the proposed Annexation are more involved. The potential impacts associated with each part of the application have been evaluated below. Annexation and Comprehensive Plan Map Adjustment The property proposed for annexation is currently located within Ashland's Urban Growth Boundary and is contiguous to the existing City Limits that runs along the railroad tracks. The proposed zoning for the property, E-l and M -1, is consistent with the designations indicated on the Comprehensive Plan, while the proposed manufacturing business is an allowed use within both districts. The application includes a request to adjust the boundaries of the two zoning districts, based upon the current boundary locations depicted on the Comprehensive Plan map. A noted earlier, the Comprehensive Plan map designates the area within approximately 300 feet of the railroad tracks as "Industrial" (M-l), with the remainder of the site being "Employment" (E-l). Rather than have the zoning designations split two of the parcels, the application requests that the zoning district boundaries follow proposed lot lines. While the proposed manufacturing business could be constructed under a split zoning designation, the applicant feels it would be more orderly to have each parcel contained within a given zoning designation. PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 7 Page 3 The primary issues concerning the annexation request include the extent and nature of public improvements required by this first phase of development (i.e. construction of Oak Street Tank and Steel), the timing of these improvements and future obligations to assist in the construction of additional street improvements in the immediate area. Extension of citv services Sewer, water and electric service will be extended to and through the project. These main lines are located approximately 1000 feet to the north, adjacent to Washington Street. The developer is required to extend the City mains up to the site and to the end of the new public street. City storm drain facilities are required to be installed in the new public street. The application, however, requests that run-off from this system be directed into the drainage ditch along Washington Street, where it eventually dumps into a small creek approximately 1200 feet north of the project. Staff believes this is a reasonably request given the distance from the nearest City storm drain system. We would recommend that appropriate modifications be made to the ditch as required by the Director of Public Works. TransDortation imDrovements Street improvements are required upon annexation, with the degree of improvement (i.e. paving, curb and gutter, full improvement, etc.) based upon the street's location relative to the annexed area. In this case, Washington Street is required to consist of a 20 foot wide paved surface, from Highway 66 up to and along the entire frontage of the property. Sections of Washington Street are currently less than 20 feet in width. In addition, the approximately 1000 feet of Washington Street leading to the property has a rough surface, more consistent with a County road standard. Consequently, this section will need to be paved to a width of20 feet and overlaid with additional asphalt to create a smooth driving surface. The next level of street improvement includes streets immediately adjacent to the annexed area. This section of Washington Street is required to have a minimum paved width of 20 feet and include curb and gutter, storm drains and sidewalks along at least one side. This would apply to the approximately 100 foot section of Washington Street abutting the property, as well as the right-of-way dedication along the east property line for the extension of Washington Street to Benson Way. The application proposes to construct this improvement along the 100 foot section, but appears to request deferring the improvement along the east property PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department .. Staff Report January 12, 1999 S' Page 4 line until a future development is proposed for Parcel 3. In Staffs opinion, it may be reasonable to defer the improvement of the southerly extension of Washington Street, given the 900 foot length of this section and the lack of additional traffic directed onto it by Oak Street Tank and Steel. A condition of approval has been attached, stating that future development cannot occur on Parcel 3 without the remaining section of Washington Street being improved to a half street standard., including a pavement width of20 feet, curb and gutter, storm drains and sidewalks. Finally, the new public street is required to be constructed to full City standards. This would include constructing this street to a width of approximately 36 feet, with curb and gutter, urban storm drains and sidewalks. In Staffs opinion, the installation of public sidewalks along the frontage of each parcel could be completed prior to issuance of a certificate of occupancy for new construction on each individual parcel. Accordingly, a public sidewalk would be installed along the entire frontage of Parcel 1 prior to issuance of a certificate of occupancy for Oak Street Tank and Steel. Land Partition In Staffs opinion, the Partition and Site Review requests are relatively straight forward. The property is proposed to be divided into three lots, including the right-of-way dedication for the new street, from Washington Street to the west boundary. The configuration of lots allows for direct access onto the proposed public street, while the termination of the street improvement at the western boundary allows for the eventual extension and connection to Jefferson Avenue. Site Review Approval This project is subject to compliance with the City's "Basic" Site Design and Use Standards. While the industrial business being proposed is not routinely accessed by the general public, the project architect has endeavored to create an appealing street frontage given the operations occurring inside the building. The administrative office wing has been oriented toward the street, with the front entrance facing the street and being accessed from the public sidewalk from a walkway. A covered entry will be provided with protected bicycle parking. Off- street vehicle parking is located to both sides of the building, as well as at the back of the structure. Other requirements of the Site Review chapter have been included, such as an opportunity to recycle site and species specific landscaping plan which identifies parking lot and street trees. PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 9 Page 5 III. Procedural- Reauired Burden of Proof 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 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. 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: 1. 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 PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 /0 Page 6 - ~-"--'---"---'---'---'~"------ 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 iriformation 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, floodplain corridor lands, or slopes greater than 35%, shall not be included. G. For all residential annexations offour units or greater 1. 25% of the proposed units shall be qffordable 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 qffordable 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 PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department - Staff Report January 12, 1999 II Page 7 Option for subdivisions. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than afive-year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zonedfor 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-l or C-l 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 proposedfor annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792, 1997) The criteria for approval of a Land Partition are described in 18.76 as follows: A. The .future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in coriflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 1;Z Page 8 F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H Where an alley exists adjacent to the partition, access may be required to be providedfrom the alley and prohibitedfrom the street. (amended Ord. 2757, 1995) Further, the criteria for Site Review approval are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Councilfor implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 13 Page 9 IV. Conclusions and Recommendations Oak Street Tank and Steel is currently located at the intersection of Oak and "A" streets. As discussed in the project narrative, it has been a family-owned business in Ashland for the past 75 years and a part of the community's heritage. Given the changes occurring in the railroad district over the past decade, the owners feel it is time move to an industrial setting more reflective of the businesses day to day operations. Staff understands the dilemma faced by the owners of Oak Street Tank and Steel. The supply of vacant property currently on the market and suitable for a manufacturing operation such as this is extremely limited within the City Limits. We believe it is important to insure that Oak Street Tank and Steel can retain a home within the community, maintaining its position as a part of Ashland's history and an employer of family wage jobs. In Staffs opinion, the area proposed for annexation appears to be an exceptional location for the operations of Oak Street Tank and Steel. The property is in an area already surrounded by the City of Ashland. Further, the site affords good truck access to Interstate 5 and lies adjacent to the railroad tracks and lands currently within the City Limits and zoned for industrial and light manufacturing uses. Annexation requests are rarely so straight forward and this is no exception. The primary issue surrounding this application involves the extension and timing associated with the construction of public infrastructure (i.e. sewer, water, electric, streets, etc.). This report evaluates the extent of improvements to City facilities required for annexation. Staff believes the attached conditions provide for the orderly extension and immediate construction of public facilities necessary to serve the proposal. In addition, the conditions make provisions for the dedication and improvement of the southern extension of Washington Street, as prescribed within the approval criteria for annexation. Staff recommends that the application be approved with the following attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full City services, including but not limited to water and sewer mains and electric service, be extended to the project and to the west end of the proposed new public street. Engineered plans for all improvements to be approved by the Public Works Division and all services to be installed or fully bonded for in accordance with City PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department - Staff Report January 12, 1999 /1 Page 10 requirements prior to adoption of the ordinance annexing the property. 3) That Washington Street be paved to City standards to a width not less than 20 feet, along the full frontage of the project site to Highway 66. Portions of Washington Street already meeting this standard, as determined and verified by the Staff Advisor are excluded from the requirements of this condition. Final design to include the location of and proposed modifications to drainage ditch (parallel to the street & within the right-of- way), as well as be engineered to accommodate existing and calculated run-off from the project. In addition, design to accommodate a level, 4 foot wide gravel path along the west side of the street. 4) That the diagonal section of Washington Street (approximately 110 feet in length) adjacent to the annexed area be improved to a minimum paved width of approximately 28 - 30 feet, and include curb and gutter on both sides, storm drains and a 6 foot wide sidewalk along the frontage of the annexed property. 5) That right-of-way be dedicated, 25 feet in width (including a radius at the angle point), along the entire east property line of the annexed area in order to accommodate the future extension of Washington Street. Right-of-way dedication to be indicated on the partition plat. No development to occur on Parcel 3 until this section is improved to City standards, including but not limited to a pavement width of20 feet, curb and gutter (west side), storm drains and the installation of a six foot wide public sidewalk. 6) That an agreement be recorded on parcel 3 requiring participation in a local improvement district for the improvement of the abutting section of Washington Street to full City street standards. Agreement to be signed and recorded with the partition plat. 7) That the proposed new public street be improved to full City standards from the intersection with Washington Street to the west property line. Full street improvements to include, but not limited to, a pavement width of 36 feet, curb and gutter on both sides of the street and storm drains. A public sidewalk, a minimum of six feet in width, to be installed along the full frontage of each parcel prior to the issuance of a certificate of occupancy for development of each parcel. 8) That civil engineering for all public facilities be submitted for review and approval by the Departments of Public Works and Planning prior to recording of the partition plat. Engineered design for the new street shall intersect Washington Street along the north - south section of the street so that the intersecting is approximately 90 degrees and complies with City sight distance standards. 9) That street trees, I per 30 feet of street frontage, be installed along the frontage of PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department -- Staff Report January 12, 1999 /5 Page 11 each Parcel I prior to the issuance of a certificate of occupancy. Street trees to be chosen from Ashland's Street Tree List. 10) That all easements for sewer, water, electric, phone, cable and streets be indicated on the final survey plat as required by the City of Ashland. II) That a revised site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission be submitted for review prior to the issuance of a building permit for Parcel I. Landscaping to be installed in accordance with the approved plan prior to the issuance of a certificate of occupancy. 12) That all requirements of the Ashland Fire Department be complied with prior to use of combustible materials on site and the signature of the final survey plat. All Fire department requirements, including but not limited to hydrant placement, etc. be included on the engineered construction documents for public facilities. 13) That an opportunity to recycle site be located on the site in conformance with the standards adopted under 18.72.115 prior to issuing a certificate of occupancy. 14) That covered bicycle parking to be installed prior to issuance of a certificate of occupancy. Bicycle parking/racks to be constructed and installed in accordance with the approved plan and City standards described in 18.92. Specific rack design to be submitted for review and approval at the time of building permit submission. 15) That the development be responsible for the piping of the T.LD. line that runs along the railroad tracks with a 12 inch pipe, as well as the T.LD. line along the east side of tax lot 2400 with a 6 inch pipe. These improvements to be completed in accordance with T.LD. specifications and that T.LD. be furnished with an easement along both pipelines. G:\Plan\CurrenI\PA99.Q06 PA: 99-006 APPLICANT: Doug Neuman Ashland Planning Department - Staff Report January 12, 1999 Page 12 IC:, STI'FF Exlul>.t s-l ...- ..... ..... .... ... Wuhinpton St. Paved to 20' in width Engineered drainage ditch 4' graded path . u. Wallhinlrl:on St. Pavement 28'-30' Curb & gutter both sides Storm drains Sidewalk one side \ Wasbinmon Sf. flxteDlIiol 2S' dedication 20' pavement Curb & gutter one side Stonn drains Sidewalk one side Improvements deferred un development of Parcel 3 EXISTING -M-l- 10' .'If. ..y,... ~ 1IU'P - (f) f7 ." L I 1 [I r--C' i I , , _ &1 ~ Mol Current Corqlrehensive Plan Desi . on ~I -~ I , I j I , , 400 0 ~ 400 800 1200 Feet + scale I~ -------- . . . . . . . . . . . . . . . . ~--- . . . . _ &1 ~ M-I Proposed ~hensive Plan Desi . on 100 0 ~- 100 scale 19 200 300 Feet + PLANNING ACTION 99-006 REQUEST FOR ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY EAST OF THE END OF JEFFERSON AVENUE WITH FRONTAGE ALONG WASHINGTON STREET AND BACKING UP TO THE SOUTHERN PACIFIC RAILROAD TRACK. THE APPLICATION ALSO INCLUDES A LAND PARTITION TO DIVIDE THE PROPERTY INTO THREE LOTS AND SITE REVIEW TO CONSTRUCT AN APPROXIMATELY 20,000 SQUARE FOOT BUILDING TO HOUSE OAK STREET TANK AND STEEL, A MANUFACTURER OF STEEL TANKS ON PARCEL 1. APPLICANT: DOUG NEUMAN Site Visits and Ex Parte Contacts Site visits were made by all. Morris and Hearn have a conflict of interest and will step down and abstain from this hearing. STAFF REPORT The notice and criteria were sent to the affected property owners. The application involves a seven acre parcel located off Washington Avenue. There are not significant trees on the property. The request is to annex the property into the City with a three lot partition. As part of the partition a new street would be dedicated through the northern half of the property. Zoning designations would be M-1 and E-1. M-1 zoning would correspond to the lot line on Parcel 1 and a small area of Parcel 3. Parcel 2 and 3 would be zoned E-1. The applicants would prefer the lot lines follow the zoning. Another aspect of the application involves the construction of an approximately 20,000 square foot steel tank manufacturing business on the front half of Parcel 1. The Commissioners will be reviewing the application for annexation, then forwarding a recommendation to the City Council. The Commissioners will be the final decision makers on the request for the partition request, site review request to construct the building, and modification of the zoning. The property is within the Urban Growth Boundary. It is contiguous with the current city limits and is adjacent to the railroad right-of-way. The right-of-way would be annexed into the city as well. The use proposed is in accordance with the zoning designations of the property. Currently, sewer and water mains are located towards the bend in Washington Street. The applicant proposes to extend those mains as well as electric service down through Washington Street to the property, through the new street and terminating at the west boundary. Eventually there will be a loop from Washington to Jefferson. Storm drains will be installed as part of the street construction and as it gets to the intersection of Washington, the minimum requirement is that an engineered drainage ditch parallel Washington to where it dumps into a small creek approximately 1200 feet north of the project. Molnar explained the various street improvements are that are required (see Staff Exhibit S-1). Staff feels it is important to keep Oak Street Tank and Steel within the city. It has freeway access and is adjacent to existing city property that is currently zoned M-1. With the Conditions outlined in the Staff Report, services can be brought to the property and streets improved to a level that will accommodate at the least the first phase of the development with Conditions set aside to ensure for the orderly continuation of the improvement of Washington Street as Parcel 3 develops. Staff has recommended approval of all four elements of the application with 15 suggested Conditions. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 1999 3 ~t> Howe wondered why there would be no access for Parcel 1 to the railroad. Molnar understood Oak Street Tank and Steel did not feel they needed access to the railroad. Howe wondered if the Commission could ask for a paved path that would allow bikes to be off the road. Molnar said, generally, if the road does not include an approved bike facility (bike lane), the relative criteria is that there are safe provisions for bike access. Molnar assumes, given the overall level of traffic, he is not certain a separate path would be needed. Perhaps a wider lane size could be considered and bikes could share the facilities with the amount of traffic being generated. Briggs expressed a concern about the railroad right-of-way. Molnar explained that if the legal boundary for the city limits is on the southerly extent of the railroad right-of-way, that portion of railroad right-of-way would need to be brought in with this annexation to create contiguity with the city limits. PUBLIC HEARING DOUG NEUMAN, 4240 Clayton Road DAVE RICHARDSON, Architectural Design Works, 1105 Siskiyou Boulevard, said they would like to discuss Condition 3 concerning paving of Washington Street. Neuman thought the road seemed sturdy. He would like the Commission to consider letting them keep it in the condition it is in now, stating they would make sure it is 20 feet in width. Possibly add a Condition that the full street improvement be done at the time Parcel 2 or Parcel 3 develop. Molnar said a 20 foot wide road is the city standard and Washington should be overlaid to a smooth city street standard. It might be acceptable to defer the improvement, however, Public Works has said it is a rough county road narrower than the city standard. What is meant in Condition 3 is that the requirement is to go from the frontage of this property all the way out to Highway 66 and meet the city standard. McLaughlin said Engineering is concerned that future development of Parcels 2 and 3 may not happen for several years and in the meantime the last 1000 feet of Washington will continue to degrade. Neuman suggested when the next parcel develops, to go ahead with the road improvement at that time. Neuman said with regard to the triangular piece on Parcel 3, that Oak Street Tank and Steel may want that to have railroad access after all. Howe wondered if Neuman would consider installing a turnaround or back-up area at the end of street until it will finally go through. Neuman feels a 36 foot wide street will allow for enough turnaround. Howe asked Neuman about paving the pedestrian path. Neuman said, at this point, with only one proposed business moving in, he is not certain a paved path is justified. Bikes could use the road. ED BEMIS, P. O. Box 1018, Ashland, favors the proposal. PAT LEROY, 450 Timberlake Drive, owns the property at 770 Washington. LeRoy noted the Staff Report was late (one day). It did not extensively hinder his time to do research but it did not help. He contacted three law offices and they all had conflict of interest. There is no existing ditch. The actual road bed drops about 15 feet to private property along Washington Street. Flooding occurs at the bend where the pavement changes to the more porous county standard. During irrigation season, the water would drop down through the lower property and across Washington ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12,1999 4 :{I Street. He is concerned with the additional paving this project will bring. LeRoy said they are concerned about the road. It is a state road, not a county road. What is going to happen when heavy trucks start using it? There are sections that are already chipped away. He is not sure what the city has in mind for the areas of different widths. The residents in the area are also concerned with noise. It will be an extremely noisy industry. Since the development on Benson Way, the water table has dropped. He is concerned their wells will not be any good. When Oak Street Tank and Steel is running, the residents are concerned about ground water contamination. He has asked for ways of getting city water but the cost is too great. He has asked the city numerous times for help with their wells. McLaughlin said the applicant is required to have an engineered ditch. FRANK BARATTA, 770 Washington Street, said he works for the county road crew and the rough portion of Washington is not a county road. He is concerned with the chip seal road. It does not have a good base, is thin with no shoulder. The run-off is taking out the road undemeath. It will not hold up to truck traffic. He shares many of LeRoy's concems. ZOE BARCLAY, 660 Washington Street, stated she is concerned with having to give up any portion of her property for the road. Noise is a major concem for her. This noise will travel to Oak Knoll. Water for her has not been much of an issue but since Benson Way has developed, her water level seems to have dropped. She would rather see the applicant access off Jefferson. Molnar explained that all conditions regarding road improvements have to be done in the right-of-way. The applicant cannot construct road improvements on property that is not his. If they could not meet the standard because they need additional right-of-way adjacent to Barclay's property, they would need to approach her. Armitage asked if Condition 3 met Baratta's concerns. Baratta said it did. DON WOLFE, 760 Washington Street, had concerns about road width, water and noise. BERNIE ZIEMINSKI, 3544 Lone Pine Road, Medford, OR 97504, said he owns property at 600 and 790 Washington. He wondered why they do not annex the whole area right now. Armitage explained Zieminski would have to request annexation too. Zieminski said he too has a problem with water. AMY PEARSON, 780 Washington Street, is unhappy about the development as it will be disruptive to her quiet rural life. DENISE BARATTA, 770 Washington Street, reiterated the concerns of the neighbors. The photo taken of road (in packet) makes it look better than it is. Her main concern besides traffic is noise. She would like some kind of sound barrier on the property or berm. She is requesting that equipment storage on the site not be visible to the residents that live along Washington Street. Staff Comments Molnar said the water and sewer mains have to be laid under the surface of the county road. Howe asked what the Commission's responsibility is for sound abatement on the residential area across the freeway. McLaughlin said the greater noise source is the freeway. He does not believe Oak Street ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 1999 5 .;z.:z ---".-._-~---_.----.-T Tank and Steel will add that much noise. It is mostly a daytime operation, therefore, the conflicts are greatly reduced because of that. This land has been in the UGB for about 20 years and has been zoned for industrial type use all that time because of its proximity to the railroad and freeway. This area is in transition with the rural area changing to industrial and that makes an awkward situation. Briggs wondered if Parcel 3 had a berm on its west side. McLaughlin said effective sound attenuation requires blockage of the line of site. That would be fairly high. If the Commission starts attaching conditions, you are protecting what the Comp Plan recognizes as Industrial/Employment lands. Gardiner asked about development affecting well water. Is there any liability to the city if the city annexes property that somehow is construed to have an effect on ground water outside the city limits. McLaughlin is not sure how it would be measured. On this property, looking at the drainage patterns, it appears it flows across this property towards the north and more towards the drainage channel. The properties across Washington are probably less affected than by the Benson Way development. The freeway could also have tremendous effect on ground water. Armitage asked if there are any solutions with regard to water to the residents. McLaughlin said there is a potential for a water line extending to the property owners. The costs have to be borne by the property owners but that cost is greatly reduced because the line will be closer. There are provisions within the city's ordinances for the Council to extend services that are failing. Rebuttal Neuman said doing the overlay on the road would probably be a good idea. For the neighbor's information, there are approximately two to five trucks per week that deliver or pick up from Oak Street Tank and Steel. He does not know how much noise will be added from Oak Street Tank and Steel. He would be willing to have signage that says something about a private road to protect the property owners. Neuman noted Condition 5 and said if there is a chance the residents do not want it paved (end of Washington), could he provide access through Parcel 37 McLaughlin said the annexation ordinance is trying to put everything up front because this will be a future urban area with improvements. It may not happen for Parcel 3 for several years, but the ordinance requires that be up front when that parcel is annexed, that everyone is aware that street will be dedicated and there are provisions for the improvement to happen. There is still an opportunity in the future, the applicant would have the ability to defer the improvement or waive it, but the annexation ordinance requires it be clear up front. Neuman said there are still no plans for demolition of the barn and other buildings. Neuman said Parcel 3 will be a buffer from manufacturing because Parcel 3 is E-1. Suggestions were made for signage to keep large vehicles from inadvertently using the road: "No Freeway Access", "No Truck Turnaround" (to be placed at the bend in the road). COMMISSIONERS' DISCUSSION AND MOTION Chapman moved to recommend annexation to the City Council of the annexation portion of Planning Action 99-006. Gardiner seconded the motion. The motion carried unanimously. Howe moved to approve the land partition, site review and zone change for PA99-006. Briggs seconded the motion. Howe made a change to Condition 9 and it should read: "...each parcel prior" omitting ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12,1999 6 ~~ "Parcell". She included adding a Condition to require signage warning trucks not to turn around on private property. Molnar recommended a Condition 17 requiring catch basins have water/oil separators. Condition 3 will remain as it is. The amended motion carried unanimously. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 12, 1999 ::2.'1 7 , ASHLAND STREET TREE COMMISSION J ) SITE REVIEW stt.JA. . -(V' "'~- K lL~,^1Y"'\ o.-..r\ (Oc.L~Stl.ulD;: 1- 7- q 1 Commercial /' Residential Applicant .\):,1.) 6 Address Proposed Action: ~DJ1)O-o ~1-O:Jla ftv ~~~O'" ~~o-- Recommendation: ot....-"'- ~J.L-r ~~ffu-- W-'-f ~(( ~ ~ i ~ l~ ~ \"-'"'--\ rAA:t:r ,,J,, (:< ~~ ..r ~ J or 4- f.-t:. ) ,t.k--"OO ~~.;t:r'\ "-- ~ ,l>f-t...'('tl-.se, (<>-VV~ ~~~ v....ld......r.~i( '",,-r.u-\o r ~~ L +r-~ ~'Y'-;j;J ~A ~-<2.- ~ ""-'~ V) ~w~ Street Tree Commission Representative Follow-up: =<5 Narrative for the Relocation and Annexation of the Oak Street Tank and Steel Washington Street Ashland, Oregon December 11, 1998 HISTORY: The Oak Street Tank and Steel, which is presently located at First Street and Oak Street, has been a family owned business in Ashland for three generations; a total of 75 years. As the name suggests, they are a company whose primary business is the manufacturing of steel tanks. They provide family wage jobs to their empioyees and have always been a strong supporter of the community. This will not be their first move in Ashland as when they were originally established in 1923, they were located where the Hillah Temple now stands. Later they moved to Oak Street, where the Standing Stone Brewery now calls home. Ashland is their home and their desires are to stay in Ashland, but they feel, because of the nature of their business, they need to be located in a more industrial location which the Railroad District once was. They've looked many places including near the City Airport and even out of town, but the Washington Street location seems to be the most suitable site for them. GOALS: The goals are simple and straight forward. They would like to have the Washington Street property annexed into the City of Ashland's City Limits as a M-l zone and relocate their business to Parcell. This would allow them a direct access to Interstate 5 which would eliminate the need to truck their tanks through the residential streets of Ashland as they do now. It would also allow them to stay in Ashland and provide a tax base income back to the City. ;<.~ DEe 1 1 1998 Annexation for Oak Street Tank and Steel Washington Street Ashland, Oregon December 11, 1998 The following are written findings addressing the criteria for the annexation of a parcel of land listed as Tax Lot 2400, Tax Map 39-1E-14A, into Ashland's city limits. This parcel, which presently lies in Jackson County, has street frontage on Washington Street and butts up to Southern Pacific Railroad's property in the rear. A. That the land is within the City of IIshland's Urban Growth 8oundary. The parcel of land Tax Lot 2400, Tax Map 39-1E-14A, is in the City of Ashland's Urban Growth Boundary. The South property line of the parcel butts up to the City Limits boundary line. B. That the proposed zoninq and project are in conformance with the City's Comprehensive ?Ian. The owner of the parcel is proposing a minor land partition to divide it up into three parcels with three separate tax lot numbers. This is illustrated on the Tentative Plat prepared by Pacific Coast Surveys, dated October 10, 1998. Oak Street Tank and Steel is proposing to relocate their steel tank manufacturing plant to Parcel 1 as shown on the Tentative Plat. The South property line of this parcel butts up to the Southern Pacific Railroad property which is automatically zoned M-1 and continues this zoning 300 feet on each side of the railroad track. When you project 300 feet from the right-of-way line of the tracks onto the proposed Parcel 1, you can see that two thirds of the parcel is already zoned M-1 because of the its relationship to the Southern Pacific Railroad property. In lieu of this and considering the nature of the Oak Street Tank and Steel business, it is the request of the applicant to put all of Parcel 1 in the M-1 zone. This would conform to the City's Comprehensive Plan as much of the land on the other side of the tracks, which is in the City Limits, is already zoned M-1. ~1 DEe 1 1 1998 C. That the land is contiquous with the City Limits. At this time, it is assumed that the Southern Pacific Railroad's right-of- way lies within the City Limits. With this being the case, the proposed annexation of Tax Lot 2400, Tax Map 39-1E-14A, is contiguous with the City of Ashland's City Limits because the South property line of the parcel butts up to the Southern Pacific Railroad's right-of-way property line. If this is not the case, it is the request of the applicant that this portion of the right-of-way be incorporated into the City Limits. O. That adequate City facilities for water, sewer, paved access to and throuqh the development, electricity, urban storm drainaqe, and adequate transportation can and will be provided to and throuqh the subject property. There is an existing 8" concrete sanitary sewer in Washington Street which connects to a 10" line at a manhole as shown on the attached site plan. This sewer line will be extended through the proposed street and the size will be determined by the City of Ashland's Sanitary Dept. There is also an existing 8" water pipe line in Washington Street which will also be extended through the street, also shown on the site plan. Once again, the size of the extended water line will be determined by the City of Ashland's Water Dept. There is overhead electrical power lines along Washington Street. Power will be brought to and through the site and a new transformer will be sized and set by the City of Ashland's Electrical Dept. There is an existing drainage ditch which runs along the Southwest side of Washington Street and dumps into a larger drainage ditch where the road bends North of the proposed site. It is the request of the applicant that this existing drainage ditch continue to be used for storm water drainage. The storm water will be collected in catch basins equipped with oil/water separators and directed underground to the drainage ditch. Adequate transportation can and will be provided to and through the site. Washington Street, which is presently paved, will be repaired and widened out to a minimum of 20 feet and will be extended along the full frontage of the parcel proposed for annexation. A sidewalk will also be constructed on the extension of Washington Street :{~ DEe 1 1 1998 along the full frontage of the parcel proposed for annexation. A proposed new road with a 47 foot right-of-way will go through the site as shown on the site plan and will meet all of the City's standards as set by the City of Ashland's Engineering Department including, but not limited to, curb and gutter, pavement, storm drainage facilities and sidewalks. The sidewalk, curb and gutter will be constructed on one side of the proposed new road along the full frontage of Parcel 1. Covered bicycle parking will be provided, as shown on the site plan, for those who wish to ride to and from work and for the occasional customer who chooses to pick up their "steel tank" on a bike. A public sidewalk will lead from the main sidewalk along the proposed road to the entrance of the proposed structure for Oak Street Tank and Steel. At this time, public transportation is not available to the site, therefore the Public Transit requirements will not apply for this application. E. That a public need for additional land, a!3 defined in the Citye Comprehen!3ive f'lan, can be demon!3trated: or 1. That the propo!3ed lot or lot!3 !3hall be re!3identially zoned under the Citye Comprehen!3ive f'lan and that the applicant ha!3 aqreed to provide 25% of the propo!3ed re!3idential unit!3 at affordable level!3, in accordance with the !3tandard!3 e!3tabli!3hed by re!3olution of the A!3hland City Council. Such aqreement to be filed a!3 part of the initial application and completed and accepted by all partie!3 prior to the final adoption of the ordinance annexinq the property: or NOT APPLICABLE - RESiDENTIAL ANNEXATION ONLY ;2,9 DEe j 1 1998 2. That the propol3ed lot or lotl3 will be zoned E-l under the City'5 Comprehenl3ive Plan, and that the applicant will obtain the Site Review approval for an outright permitted UI3e, or I3pecial permitted ul3e concurrent with the annexation requefJt or within one year of the annexation hearing and prior to the final adoption of the ordinance annexinq the property. Failure to obtain fJubfJequent fJite review approval fJhall Invalidate any previoul3 annexation approval' or As mentioned above, the owner of the parcel is proposing a minor land partition to divide it up into three parcels with three separate tax lot numbers. This is illustrated on the Tentative Plat prepared by Pacific Coast Surveys, dated October 10, 1998. Oak Street Tank and Steel is proposing to relocate their steel tank manufacturing plant to Parcell as shown on the Tentative Plat. The South property line of this parcel butts up to the Southern Pacific Railroad property which is automatically zoned M-l and continues this zoning 300 feet on each side of the railroad track. When you project 300 feet from the right-of-way line of the tracks onto the proposed Parcell, you can see that two thirds of the parcel is already zoned M-l because of its relationship to the Southern Pacific Railroad property. In lieu of this, and considering the nature of the Oak Street Tank and Steel's business, it is the request of the applicant to put all of Parcell in the M-l zone. This would conform to the City's Comprehensive Plan as much of the land on the other side of the tracks, which is in the City Limits, is already zoned M-l. Although Parcel 3 has a similar situation by falling into the railroad M-l zone, it is the request of the owner to place both Parcels 2 and 3 in the E-l zone as directed by the City's Comprehensive Plan. A Site Review is requested with this Annexation Request for the relocation of the Oak Street Tank and Steel and all necessary documentation will accompany the application. Site Review requests for Parcels 2 and 3 will be submitted within a year from the approval of the annexation. 3. That a current or probable public health hazard exifJtfJ due to lack of full City l3anitary fJewer or water l3ervlcel3; or No current or probable public health hazards exists due to the lack of full City sanitary sewer or water services. 3tl DEe 1 1 1998 4. That the exi!3tinq development in the County ha!3 inadequate water or !3anitaty !3ewer !3ervice!3; or the !3ervice wI'll become inadequate within one year; or There is no existing development, nor is there existing water and sanitary services that would make this a concern. 5. That the area propo!3ed for annexation ha!3 exi!3tinq City of A!3hland water or !3anitaty !3ervice extended, connected and in U!3e, and a !3iqned "con!3ent to annexation" aqreement ha!3 been filed and accepted by the City of A!3hland,' or No existing City of Ashland water or sanitary service exists on the site and no "consent to annexation" agreement has been signed and filed. 6. That the lot or lot!3 propo!3ed for annexation are an ''l!3land'' completely !3urrounded by land within the City Limit!3. Although the proposed parcel for annexation is not technically an "island", much of the land in close proximity is within the City Limits. 31 DEe 1 1 1998 Criteria for Site Review for the Oak Street Tank and Steel Washington Street Ashland, Oregon December 11, 1998 This Site Review request is accompanied with a request for the proposed annexation of Tax Lot 2400, Tax Map 39-1E-14A, into the City of Ashland's City Limits. It is proposed by the owner to divide the proposed annexed parcel into three parcels with three separate tax lots. Parcel 1, as shown on the attached "Tentative Plat" prepared by Pacific Coast Surveys, is the proposed site for the relocation of Oak Street Tank and Steel. Because this parcel butts up to the Southern Pacific Railroad's right-of-way, the majority of the site automatically falls in the M-1 zone with only a small portion eligible for the E-1 zone. It is the request of the owner that during the annexation process all of Parcel 1 be zoned M-1. This application will be based on this request. I\. All applicable City ordinance5 have been met or will be met by the propo5ed development. The site plan meets all the requirements of the M-1 zone and the City of Ashland's zoning ordinances including set backs, parking, covered bike parking, building coverage, building heights and landscape. The proposed 2 acre site is located off Washington Street which parallels Interstate 5 near the South Interchange for the City of Ashland. Oak Street Tank and Steel manufactures steel tanks and would be classified as a "manufacturing" business. In the M-1 zone, any manufacturing, processing, assembling, research, wholesale or storage use is a "permitted" use for this zone. In the M-1 zone, there are no minimum lot areas, width, coverage, side yard or back yard requirements. There is a 25 foot front yard set back in the M-1 zone which the proposed site plan allows for. The maximum height aloud for any structure in the M-1 zone is 40 feet. The highest point on the proposed building is 35 feet which is to the ridge of the structure. Based on the 2~ DEe I 1 . - -----,--- ---- gross floor area of 20,000 SF a total of 29 spaces would be required. This is based on 1 space per 700 SF of gross floor area. A total of 29 spaces are shown along with parking for company vehicles. Two accessible parking spaces, one van and one standard, are also shown. There are 6 bicycle parking spaces required based on the 29 required vehicle parking spaces; 1 bike space per every 5 vehicle spaces. Fifty percent or 3 of the spaces are required to be covered. The site plan shows 4 covered spaces near the front entrance and 2 uncovered spaces on the East side of the building. The M-1 zone requires 1070 landscaping and the applicant is providing 1470. 13. All requirement5 of the Site Review Chapter have been met or will be met. In reviewing the Site Review Chapter, it is believed that all requirements have been met. In this chapter, the landscaping area required for the M-1 zone is 1070. The applicant proposes to provide 14% which will be visible from the street and will also provide a buffer from adjacent sites. The landscaping will all be irrigated and maintained. The parking lot landscaping will be well above 7% of the parking lot area required and will be a proper mixture of deciduous trees and shrubs. There will also be at least one street tree, selected from the City's recommended street tree list, ever 30 feet as show on the attached landscape plans. A recycling area, as required in the Site Review Chapter, is located in the rear of the property behind the building. The area is enclosed with a 6' high wood fence and gate and holds 2 containers; one for recyclable products and the other for trash. The area is well screened from adjacent properties. Although there will be some work performed outside the main building, most of this work will involve welding, sandblasting and painting, all of which wili generate very little noise. The occasional beat-to-fit sounds, we have all become a customed to hearing from their present location, will take place inside the building, as it does now. There will be no direct light or glare projected on any of the adjacent properties which are in a combination of M-1 and E-1 zones. The proposed lighting will consist of low pole lights and landscaping lighting designed to cast downwards to the ground. 3E DEe 1 1 1998 All conservation measures will be taken into consideration in the design of the proposed project including water, electric and gas. No disc antennas are proposed for the project at this time. C. The development complie5 with the Site Oe5iqn Standard5 adopted by the City Council for implementation ofthi5 Chapter. On August 4, 1992, the City Council adopted Site Design and Use Standards (referred to herein as the "Standards"). To comply with the Standards, this project must satisfy the Basic Standards (Section II-C-1). 8a5ic Standard5 (Section II-C-t) Section II-C-1a concerns building orientation and scale. The proposed structure consists of a large metal manufacturing building with a single story attached textured block office building. Both structures will have a metal roof and are set back more than 30 feet from the property. A pedestrian sidewalk leads from the sidewalk on the proposed new street to the main entrance which faces the street. There will be a free standing steel entrance open canopY that will set 25 feet off the front property line and will tie into a ground sign. This structure, which will create an arch over the pedestrian sidewalk, is designed to provide a sense of entry to the building. Employee and public entrances to the building are designed to meet handicap accessibility requirements. The main entrance will be articulated with a similar steel sculpture as used on the free standing canopY. It is the intent of the applicant to run a single 8 hour, day time work shift with no future plans of any swing or graveyard shift, at this time. Section II-C-1b requires one street tree for every thirty feet of street frontage. This requirement has been met as shown on the attached landscape plan. Section II-C-1c requires the use of low water trees and shrubs. the landscape plan, low water trees and shrubs will be planted. As shown on Section II-C- 3f- DEe 1 t 1998 ,------- - ---.-----------------.--.------------. 1c also requires the installation of an irrigation system. The landscape plan provides for a drip irrigation system. Finally, Section II-C-1c also requires that efforts be made to save as many of the healthy existing trees as possible. There are no existing trees on the site to be saved. Section II-C-1d requires parking areas to be located behind the building or on one or both sides. As shown on the site plan, most of the employee parking is located on the West side of the building with a few spaces in the rear. There are there are 7 spaces on the East side, one being a handicap space next to the front entry. The company trucks are parked in the rear of the building. There are two 30 foot curb cuts leading into two 20 foot wide driveways, one on the East and one on the West side of the building, which are lined with trees to create landscaped canopy. The curb cuts are 170 feet apart from center to center. All the new landscaping around the parking lot will provide shade from the deciduous trees and will help buffer and screen the building. Section II-C-1e is not applicable because the property does not contain a creek or riparian area. Section il-C-1f concerns noise and glare. There will be no excessive noise or glare generated by the use of the proposed building. Some work will be performed outside, but it will be limited to welding, sand blasting and painting, which will generate very little noise and will take place only during day time working hours. Section II-C-g concerns expansions of existing sites and buildings. This is not applicable because this is a new site and a new building structure. 3~ DEe 1 1 1998 Criteria for Partition Oak Street Tank and Steei Washington Street Ashland, Oregon December 11, 1998 A. The future use for urban purposes of the remainder of the tract will not be impeded The future use of the remainder of the tract will not be hindered or obstructed in any way. The new proposed road is designed to access all future partitions. B. The development of the remainder of any adjoininq land of access thereto will not be impeded. There will be not obstruction of any of the adjacent properties. The proposed road is designed to connect up to Jefferson Street should future development occur on adjoining land as shown on the attached site plan. C. The tract of land has not been partitioned for 12 months. This tract of land has not been partition within the last 12 months. D. The partition is not in conflict with any law, ordinance, or resolution applicable to the land The partition meets all laws, ordinances and resolutions and does not conflict in anyway. E. The partition is in accordance with the desiqn and street standards contained in the Chapter on SubdMeione. This partition, as shown on the site plan, was layout in accordance with the chapter on Subdivisions and meets all the requirements for design and street standards as layout within that chapter. 3? '" ,j I.'" , ......- .# F. Then there exist adequate public facilities, or proof that such facilities can be provide, as determined by the Public Works Director and 5pecified by City document5, for water, eanitaty eewere, etorm sewer and electricity. There are existing public facilities which will be extended to the proposed parcel. Please refer to the attached site plan and the criteria for Site review and Annexation. G. When there exlete a 20 foot wide acce5S along the entire 5treet frontage of the parcel to the neareet fully Improved collector or arterial etreet, ae deeignated in the Comprehen5ive Plan. Such acceee 5hall be improved with a aephaltic concrete pavement de5igned for the uee of the propoeed etreet. The minimum width of the etreet ehall be 20 feet with all work done under the Public Worke Department. 1. The Public Worke Director may allow an unpaved etreet for acceee for a minor land partition when all of the following conditione exist. a. The unpaved street is at leaet 20 feet wide to the nearest fully improved collector or arterial etreet. b. The centerline grade on any portion of the unpaved etreet doee not exceed ten percent. 2. Should the partition be on an unpaved street and paving ie not required, the applicant ehall agree to participate in the and waive the rlghte of the owner of the 5ubject property to remonetrate both with reepect to the ownere agreeing to participate In the coet of full improvemente and to not remon5trate to the formation of a local improvement dietrlct to cover 5uch improvement5 and coete thereof. Full etreet improvemente ehall include paving, curb, gutter, 51dewalke and the underground utilities. Thie requirement ehall be precedent to the eigning of the final eurvey plat, and if the owner declinee to 50 agree, then the application will be denied . AI'I rl" 'r,. 3;1 Washington Street, which is presently paved, will be repaired and widened out to a minimum of 20 feet and will be extended along the full frontage of the parcel proposed for annexation. A proposed new road with a 47 foot right-of-way will go through the site as shown on the site plan and will meet all of the City's standards as set by the City of Ashland's Engineering Department including, but not limited to, curb and gutter, pavement, storm drainage facilities and sidewalks. The sidewalk, curb and gutter will be constructed on one side of the proposed new road along the full frontage of Parcel 1 proposed for partitioning. H. Where an alley exif3tf3 adjacent to the partition, accef3f3 may be required to be provide from the alley and prohibited from the f3treet. (amended Ordinance 1995) No alleys exist nor are they in any future plans for this proposed partition or the remaining portions of the tract. 31 .h'l" "', ....t " ',".. II. I'j I ! ~~ I ~ nIl / / II /' I~I, /,/' II' /' I II I I I ,d I I e , e 1 I I I! II 98 III 1111 ! I! 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I h , I I I I I! ;.1'" II I!! lul!1111 " ~ ~ ~ ~; d 'hi ~; 'l!l!ii il II II I!i Ii: I!. , "'I'i'II'li I' 'lio'lli!'il ji:!jl!' I!' i1i'iiijbl!!!hiil 1111;1.1111111 .. ~....i..l'I"~" ,.;'eI.5a 1../1 i 5 I 5 s I I I U . eI I ~~ i ~li~Bi I I rTC I 1 1998 i I Ii Ii ! z s~~ E-< ~ .g j~b P-. ~~~ '.f, i~~ ~ ~~. > ~~~ 1-4 ~;!.ffi E-< ~z> < ~~E E-< ~~~ Z I' ~ ~~~ ~ l!i~_ o o ..... II - ..... -~ ~ u [JJ co '" '" ..... P=:. r::I III o ~ u o . e ~ P=:~ ~~ 08 ~ ; o ~ ~ ~ . (O]~~ ~~~ ~~~ ~..; o ll.~~ 9S"Ht 9S....lt ~3 I~~ ~.. .~~ .j ~ :i~~~~~ ~;~~~;; uco.. N ~\-'??,? ....=f')>4l ~~~~~; w~"qJ"="~ lQi~~~i ~~::l:::!~ ~ ':e~~;: ~ _lr)fuN ~ z o ~ ~ ~ 13 <l?~.~tl ~~r'f;:~ l!Imm.' . ....s:g~ ~ ~u~CiHl u ~nfll;!&!~ 1:1'1;'1;"'''''' ~ ;~~~ o Olnw 1I\.91,Z:O.ooS 0't19 M.9t,tO.oOS l;'66~"'5- - g ~ d " .0'" ~~~'\ ;tq'" '\ X . "- "- '- _~l:l ~~~ ",0. ...NN ..". ..0 / / / " 99"19<;; 99"169 3.9U:O-OON - - - - - - / . U / / / " "/ " " '- ~~ I:le~~<( .~~~~~~ ~ ~.~Z~ ~g-~i. <~~'~~i ~N~~h.. fil ~g~g$~! ~ Io.g~~ ~~ ~ i~ !i!~~~ e;1 i'~*a8~i~ Z ~d~~M '-/3 ~P' ~qt!! ~ ~ .EU.l Cf) I' JJ ~ ]J3~:~ 81"1" d.. ~ :!:i JJ1fH i ~ t:l I. - . Q., ~ I~ I /) /".l' q~ / ..'" Ashland Planning Commission 20 East Main street Ashland, Oregon 97520 JAN t 2 1qqll I~ t/cV-J January 11, 1999 Regarding: Planning Action 99-006 Dear Ashland Planning Commission: Please consider the following issues regarding the proposed annexation and development on Washington street, planning action 99-006. First, We would like to address the fact that the Staff Report was late, which resulted in hardship for review, preparation and response to this proposal. This, coupled with the fact that all three of the local law firms recommended to us had a conflict of interest in representing us, due to current or past representation of Doug Neuman. Enclosed in the Staff Report is a detailed description of the proposed site, however, the report fails to mention that the surrounding area is currently a residential area with six homes adjacent. Under the Land Partition and site Review the city calls for trash and recycling facilities to the rear of Oak Street Tank and Steel, but fails to address how this will be aesthetically hidden. city storm drains will be required within the proposed annexation and allowed to dump into and existing "ditch". There is no drainage ditch along Washington street - it is a sloping piece of privately owned land. That same so-called "drainage ditch" crosses one driveway and the north part of the road way on Washington Street BEFORE dumping into the creek. These facts are particularly evident during irrigation season and seasonal rains. In the section titled Project Impact the city states that the proposed manufacturing business is allowed under both E-1 and M-1 zoning regulations. Why then is there a need to alter the existing boundaries to extend the M-1 zoning from it's current position along the railroad. This could eventually lead to even heavier industry applications. The six residences on Washington street currently rely on wells as their only water source. Due to prior commercial development in the Benson Way project, many of the properties now have low producing or seasonally dry wells. The development of seven acres in this area poses further serious threat to the ground water table. Additionally, the potential for ground water contamination would be enhanced with industrial development. 1/'1 Page 2. The City of Ashland is well aware of the noise related to Oak street Tank & Steel and the effect on areas surrounding its location. This type of industry would certainly have a negative effect on the property values and the livability for surrounding residents. The potential for economic loss to the residents could be substantial. On the issue of transportation improvements, it appears the city is very confused as to its own requirements and vision for the Washington street - Jefferson street and Benson Way development. As one turns onto Washington street from Highway 66, there is a paved road with no curbs or sidewalks. At the first corner (turning east) in front of the Forest Service the road is paved to a width of 36 feet with curbs on both sides and no sidewalks. Progressing further east (just past the Jefferson intersection) the paved road narrows to 30 feet with a curb and sidewalk on the south side of the road. Just beyond the Adroit Construction building the road narrows to 20 feet, paved, with no curbs or sidewalks. Under this proposal the city would allow this section to stay at 20 feet paved, no sidewalks or curbs, yet calls for 36 feet of paved road wi th curb and gutter, urban storm drains and sidewalks in the proposed annexation as well as the south portion of Washington street that will eventually join to Benson Way. Additionally, the City is calling for bicycle parking at the Oak Street Tank and Steel site. How are bicyclists going to ride safely up to the site? Is it the city's intent to put bicyclists in the same lane of traffic as the heavy trucks that will be servicing this site? Having been property owners on Washington street for many years, we have seen increased traffic on the unpaved, private section of Washington street as a direct result of development on lower Washington street and the addition of Jefferson Street. This unimproved section of Washington street has been solely maintained by property owners. For the reason that further increases in traffic will be a direct result of this project, the request to put off improving the East side of Parcel 3 should be denied. Under the rules for annexation, section 18.106 subsection C, The criteria is that the land be currently contiguous with the present city limits, it appears that the annexation of proposal 99-006 would create an island of city within the county. Further, under 18.106 subsection E-2 is where the criteria for safe and accessible bicycle facilities are addressed. Would the section of Washington street that is 20 feet paved meet this criteria? Due to the Staff Report being late and the lack of legal counsel (due to conflict of interest) available locally, a thorough review concerning the criteria for site Review as well as criteria for the land partition was not practical. I trust the City would ensure that all law, ordinances or resolutions pertaining to the site and land partition are being met. 1-~ Page 3. In the Staff Reports concluding statements the city states that it understands the dilemma faced by the owners of Oak Street Tank & Steel as to the availability of vacant property suitable to their needs. They further discuss how Oak Street Tank & Steel is part of the community's heritage. I propose to the Planning commission that the residents of Washington Street are also part of .the community's heritage, and while the planning commission is weighing in on this proposal, our only hope is that we as residents and property owners will also be weighed into your decision. Thank you for your time and for listening to our concerns. Sincerely; '\ / ~ j"}' c:y. t (..I /~('L Cl i~ IT.. . ~.tc[(J f(rDPQXIJj CWJIt1./V..i O.Lp- 770 uJO-Jlv/7..~ft.1L \.()t.;u.d. /, .. ...J ()1,1 L '~lItl (). I U.'., - '- .. /1e./ O./Ju-1 RJU.,?/W/.. (0 '13c~jle..Ql,[C .. ? rftf..J/J; (jVhV--V a I OJ!.JI - "i~~V ~~~ () -~~. J , (PLoO -11t)MJU/~tyV ~ w-)~QcVrtl. 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