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 ~/~
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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:
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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.
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JAMlAIlY 25. ! ~8'J
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ORDINANCE NO. ~2?41
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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.
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JANUIIlY 25. ! ~8IJ
DARRYL 1. NIEMI
1866
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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
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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.
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REGISTERED
PROFESSIONAL.
LA SU YOR
6 EGON
JANUARY 25. ! 989
DARRYL J. NIEMI
1868
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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.
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JAMlAAY 25. ! ~a<l
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1866
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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.
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6 EGON
JANUARY 25. 1989
DARRYL J. NIEMI
1868
~~ /Z-7/-ClO
ORDINANCE NO. ~2?41
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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.
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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:
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(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.
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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.
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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
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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
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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:
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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.
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LA SU YOR
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JoINlIARY 25. ! ~8IJ
DARRYL J. NI EMI
1868
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ORDINANCE NO. ~5?41
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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.
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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.
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y Public for Oregon
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(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.
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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.
Sincerely,
to:arbara Christensen
City Recorder/Treasurer
(1) Enclosure
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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 " ;
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REGISTERED
PROFESSIONAL.
LA SU YOR
6 EGON
JoINtIMY 25. 1181)
DARRYL J. Nl EM I
1868
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Page "11
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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/
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REGISTERED
PROFESSIONAL.
LA SU YOR
EGON
JANUARY 25. : ~8'l
DARRYL J. NIEMI
1868
~aI /Z-7/-CJO
------------,-. ---
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II
------
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ANNEX,&l)
Vie I N ITY MAP
NO seAL E-
lit)'
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~HEET 1
-----.,-
a
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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
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EGOM
JANUARY ,5. 1~1l'l
DARRYL J. Nt EM I
1868
~aI /Z-7/-()O
CITY
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II
-----
Ct
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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
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'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.
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EGOf'4
JANUARY 25. ! ~8IJ
DARRYL J. NIEMI
1868
~~ IZ-7/~OO
CITY
II
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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.
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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
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------
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AReA TO 1lE.
ANNEXEf)
VIe I N ITY MAP
No SCALE.
1-5
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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',~
'-,,?~) .
"'"", .('",
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~
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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."()-
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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.
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PROFESSIONAL.
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1868
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~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.
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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
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Wuhinpton St.
Paved to 20' in width
Engineered drainage ditch
4' graded path
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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
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Current Corqlrehensive Plan
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Proposed ~hensive Plan
Desi . on
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300 Feet
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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
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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
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JANUARY 12, 1999
5
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---".-._-~---_.----.-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
,
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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
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DEe I 1 .
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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
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---.-----------------.--.------------.
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.
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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
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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;
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