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HomeMy WebLinkAboutCahill Annexation PHIL KEISLING SECRETARY OF STATE STATE OF OREGON SECRETARY OF STATE 136 STATE CAPITOL SALEM, OREGON 97310-0722 (503) 378-4139 MICHAEL GREENFIELD DEPUTY SECRETARY OF 5T A TE April 9, 1993 city of Ashland City Hall Ashland, OR 97520 Dear Ms. Franklin: Please be advised that we have received and filed, as of April 9, 1993, Ordinance No. 2702 annexing territory to the city of Ashland. It appears that this Ordinance may be effective on April 9, 1993. Please verify this date through application of ORS 222.040 and/or 222.180. Our filing number is AN 1993-0052. Sincerely, {~ LXln~ti Susie Smith Official Public Documents cc: Jackson Co. Clerk ~ (!~ PROMISSORY NOTE WAYNE R. and VICKI L. CAHILL promise to pay to the order of the CITY OF ASHLAND, a municipal corporation of the State of Oregon, the sum of TWO THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS AND EIGHTY ONE CENTS ($2,176.81), in lawful money of the united States of America with interest thereon at 8% per annum from December 3, 1992, until paid, payable in semi annual installments of $599.69 each including interest, the first payment being due on the 3rd day of June 1993, and a like payment on Dec. 3, 1993; June 3, 1994; and Dec. 3, 1994, until the whole of said sum, both principal and interest, has been paid in full. This note has a two (2) year amortization period. There shall be no prepayment penalty. In the event of the failure by the undersigned to make any installment due under this note within 15 days of its due date, the entire balance of both principal and interest shall be immediately due and payable at the option of the holder of this note. In the event of nonpayment, the undersigned agrees to pay all reasonable costs of collection, including attorney's fees, even though suit or action is not filed. In case suit or action is instituted to collect this note or any portion thereof, or in case of any appeal from any judgment therefrom, the undersigned promises and agrees to pay, in addition to costs and disbursements provided by statute, such additional sum as the Court may adjudge reasonable as attorney's fees to be allowed in said suit or action or on such appeal. DATED: 1)- '-/-1;;:V , 1992 State of Oregon ) S.S. County of ) . "Subscribe~ ,and sworn to (or affirmed) before me this ~ day of Dt'C U/a'l"~ !?~ (/,(k, ( ((ii" I ( . ,19 9~2, by I S E A L . OFfiCIAL SEAL '..' NANCY E. SLOCUM "" .~.', :- NOTARY PUE:UC - OREGON " COMMISSION NO. 009647 MYCOMMISSJCN E;-:;PiRESSEP_18, 1;95 -.--..--.-.,.----.." "~"-_N".__ .<-1 8 St<Jt:u_ U Public ion Expires on 9- /~ - 'l :) Cahill Note Receivable principal interest TERM-YEARS Annual Payment Mo Semi Annual PMT 1-Jun 3, 93 PMT 2-Dec 3, 93 PMT 3-Jun 3, 94 PMT 4-Dec 3, 94 2,176.81 0.080 2 1,220.69 98.45 599.69 PAYMENT INTEREST PRINCIPAL ---------------------------------------------- BALANCE 599.69 599.69 599.69 599.69 87.07 66.57 45.24 23.06 512.62 533.12 554.45 576.62 2,176.81 1,664.19 1,131.07 576.62 0.00 ---------------------------------------------- 2,398.76 221. 95 2,176.81 CITY OF ASHLAND SYSTEM DEVELOPMENT CHARGES /, / ~ /,f I-"'ZJ:~ n ({0t-U . o~ner: f/{/ih , ,--,,--.. ____ ;: '7 "'_ / SJ.te Addre s: 37<:;J--c.-O'c;'l'Z-c"-..( (>2/l./ Permit # None Single Family Residential .' //2/,PrZ Total SDC Charges:~1.41 Land Use Code 210 SINGLE FAMILY DETACHED RESIDENCE # Fixture Units 10 Cost/Unit Fee ------- --------- WATER: Supply 29.69 (671-01-440.631) Dist/Collection 38.58 (671-01-440.632) Treatment 19.69 (671-01-440.633) Total SEWER: Dist/Collection 5.73 57.30 (676-01-440.622) Treatment 8.65 86.50 (676-01-440.623) Total 143.80 #Units TRANSPORTATION: 1 Unit/Measure PER UNIT 152.28 STORM SEWER: Imperv sq ft 1,250 0.057 152.28 (410-01-440.652) 71.25 (410-01-440.642) 754.48 (410-01-440.661) PARKS AND RECREATION: #Units 1 754.48 DeS[;;- 5.eO rz% Z'IHS . #Jot ~~" ~,~~ J (:"0 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": Property referred to as assessor's tax lot 39-1 E- 11 C 700 being more particularly described on 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 having any right, title or interest in the property or any part, their heirs, successors and assigns: ' 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 / J.- - d- "1 '\- SIGNATURE Id/ /M~ tf? C:-~I Printed Name Wayne R. Cahill WVC Inc. SIGNATURE Printed Name SIGNATURE Printed Name State of Oregon County of Jackson This instrument was aC'&1!~d.ged before me on by 14ftuh..v 'J!: ~ ,J M.c. . :A ,1992, 11. Ilia 1/-&- 'lei S 'JA N. AKERMAN NOTARY PUBLIC - OREGON My Commission Expire~ -f-& -9 rf (p:planning\annex.cnsJ rs:annex.cns '+ Section II T 39S. R.I E. W.M. '.' Scale 1"~200' <<</<<~ ~ ----- ~':,~~ :.'~<<.~.. - ;. -./'" - --MAIN_ -~ . ----~ 39 IE II / /" 1600 '- 1500 '- '- : < - - < :3 IE IleB F5 . . . . . . . . . . . OOG "k ""'f't . . ,. ~~S~ 1101 J~'6"1 or" 1200 " 'R.5 .5-1 ~ , (f-IlO11) -8 cP.s I,IJ) ~ I:,'-J' o' ~ ...",,".. .4 " 17,00 (h,1Tl) ... .'. ( .,'. 1007 '1.1("" .- !; I ~I ..'/' I I~l o' 0 1 (""ll.~; " ,~';RR-5; '5-8 ., '" , .. .... .,/-. ':'" . " . . ~ I "'"..... ~ Y.MCA. III . 391E lie \'lAid 4\9~ . ,l~"'. )/" '- -.- ........... ...... ". 's."fYt-. -- -:t... .' /2',. A \ (/".J ") {<\\ "'f!J . ,~,~,.- ,.1\ --V , '" 0, ,)l" "V.,A -, {<\\ , . I~n~ I I ~ .{- . t I , I . . I I I I Iss bor. OLe 48 ~.... . . . . ~I '" . -, g !!: '" '" "j , T . '"' ... III ~ .1 I ;~ . 'r f. 5-8 200 ..0' ., SEE SUPPLEMENlAL MAP . ". ,..,-'., ~f'_''''_'''!or.',. 5:.1 30C' .' ...... - " , ,"''' _. . I , PA~TlTlON -. PLAT NO. $ P.72-1991 - ;:')4l! ..'N:" -".'. 1 601 onAt ",.ry' .. ........,' ,:00 ~J -, AVENUE / I' . . rj<[,,", f /J ~ .--- a /111 L 2-' L lJ ~'1tv /L -,. o'!:- ?5r.,?5 ~ a . '1''7'':'-~O ,4>N~Arv;::>I" , pRe p.~ 31 '3 R",-\ I"LIl7A-N J)----es c i~ I P'T I.: h) CI1-e-eK /1-' R. II- 0 3 1-/ E' / I C 7,0 LC r 7(( Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 11, Township 39 South, Range 1 East, Willamelle Meridian, Jackson County, Oregon; thence West 345.0 feet; thence South 126.27 feet; thence East 345.0 feet; thence North 126.27 feet to the point of beginning, EXCEPTING THEREFROM that portion lying within the boundaries of Tolman Creek Road. '(i[ 0: Jtf rom: ~ubjed: ~emorattdum November 27, 1992 Honorable Mayor ~ City Council Brian L. Almquist, City Administrator Sewer Connect Request - Wayne Cahill You will note that the attached request from Mr. Cahill involves one of two small islands of unincorporated property on Tolman Creek Road, surrounded on all sides by the City of Ashland. The Staff recommends approval of the Cahill request, subject to the following conditions: (1) That an irrevocable consent to annex be signed prior to the connection of the sewer service. (2) That all sewer connection and systems development charges be paid, or that a promissory note to pay in installments be signed, prior to such connection. (3) That the Staff be instructed to prepare the necessary ordinance annexing the island; to call a pUblic hearing on the withdrawal of the land from Jackson Co. Fire District No.5; and to initiate a Zone Change from County RR-5 to City of Ashland E-1. (4) That the Staff contact the owners of the other county island at 455 Tolman Creek Road to determine if they are interested in annexation at the same time. , (d:\pw\sewer\cahill.Mem) 2ffiIeml1randum 23 November 1992 'QJ 0: Brian Almquist, Steve Hall )'ill" H. Ol'M, A,,;,"", c;'y Eog;'= 'OM JIf rom: ~uhjed: Request from Property Located outside of the City Limits to Connect to the City Sewer System On Friday, 20 November 1992, I received a call from Mr. Wayne Cahill explaining the septic drain field for his rental property at 375 Tolman Creek Road had been severely damaged by recent work conducted by Talent Irrigation District and that the system was probably not repairable due to the saturated situation of the ground. Mr. Cahill was informed that, since his property was not within the City limits, Council permission must be received prior to connection to the system. The attached letter was received this morning and is offered as a request for connection to the sewer system. The property, referred to as 39-1E-llC 700, is one of the 2 "islands" of un-annexed areas on Tolman Creek Road. It is currently zoned RR-5 and is sandwiched between the new YMCA parking lot and the soccer field parking lot. The area to the north is zoned R-2 while the area to the south and west is C-1. Sewer connection could be made to this property without cutting Tolman Creek Road since a sewer main is located on an easement across the full length of the north boundary of the property. A connection rate of $1055.00 would be due upon approval of this request. A consent to annexation has been acquired and is attached. Since the lot is already smaller than the current County zoning will allow, the deed restriction mentioned under A.M.C. Section 14.08.030 would not be necessary. All other requirements of said section have been or will be met. Staff supports this request. attachments: map letter from Mr. Cahill consent to annex form cc: Dennis Barnts John McLaughlin IHO:n\cAhiU.anx ~JP.YNE F: C,o.HILL PC) ~ BOX ::::6:=: ASHLAND, OR.97520 4:'=:2-0482 RE: PROPERTY OWNED AT 375 TOLMAN CREEK RD. 39 1E 11 C TAX LOT 700 CITY OF ASHLAND; THIS LETTER IS IN REGARDS TO OBTAIN PERMISSION TO CONNECT TO CITY SEWER LINE. THIS PROPERTY AT PRESENT TIME IS IN THE COUNTY AND HAS A HOUSE THAT IS BEING RENTED. THE HOUSE IS ON CITY WATER AND HAS A SEPTIC SYSTEM. THE PROPERTY HAS AN EASEMENT ON THE SOUTH SIDE THAT PRESENTLY HAS A SEWER LINE THAT SERVICES THE Y.M.C.A.. ABOUT 8 MONTHS AGO I CONTACTED STEVE HALL ( WHEN THEY WERE DOING WORK ON THE ROAD) TO SEE ABOUT HOOKING UP AT THAT TIME. AFTER CHECKING WITH ENGINEERING THEY SAID THAT I WOULD BE ABLE TO CONNECT TO THE SEWER LINE ON THE SOUTH SIDE OF MY PROPERTY AND THERE WOULDN'T NEED TO BE A HOOl( UP IN THE ROAD. I INQUIRED ABOUT HAVING TO BE ANNEXED INTO THE CITY TO HOOK UP. STEVE HALL THOUGHT ALL THAT WOULD HAVE TO BE DONE IS SIGN AN AGREEMENT TO ANNEX AT THE TIME THAT THE PROPERTY IS DEVELOPED. AFTER FINDING OUT THAT I DIDN'T HAVE TO GO TO THE ROAD FOR SEWER HOOK UP I WAS IN NO HURRY TO HOOK UP,SENSE THE SEPTIC SYSTEM WAS WORKING PROPERLY. THEN ON 11-20-92 TALENT IRRIGATION DISTRICT WAS DIGGING A NEW DITCH IN ORDER TO CULVERT THEIR WATER ACROSS MY PROPERTY. THE LINE WENT THROUGH THE DRAIN FIELD OF MY SEpTIC SYSTEM. WHICH HAS LEFT IT INOPERATIVE. MY INTENTION WITH THIS PROPERTY IS TO AT SOMETIME IN THE NEXT FEW YEARS TO HAVE IT ZONEDCOMERCIAL AND EVENTUALLY HAVE THE HOUSE TORN DOWN. AT PRESENT I WOULD LIKE TO HOOK UP AND LEAVE IT ZONED AS IS. IF IT WAS ZONED COMERCIAL NOW, THE TAXES WOULD FORCE ME TO SELL IT. THE Y.M.C.A. HAS SHOWED INTEREST IN THE PROPERTY ESPECIALLY SENSE IT IS SURROUNDED ON ALL THREE SIDES BY THEM. BUT HAS SAID IT IS NOT IN THEIR BUDGET AT THIS TIME. THANK YOU FOR YOUR TIME IN THIS MATTER. .Jt/ ~ {Z/f,B WAYNE R.CAHILL _. , -I-ceJ /,~' ,. u '" '-- /';'/\ ~oo Ii' "I"~I)... I "'I \}, -~\'~ l~ '~~J.J.l ~ f ' ~-'V-2-'V '\~~ o c'''- '" V'c, .. --- __:J! -::-'---"':"':~~'~~:'::"~'--':-"- ~~ o o 0> (E) _'tll' .joe.' " " ...._1.-'Il <;.-' '" o ~ ,; 0- :1-:' ~ ~ ,.; , ~o.s . i ~: : 0' o '" -.J' ,~. . ~(l.-{ rI IGrI ~ l\j' ,;; ~/ ct ~ g U> l\J I C I to . ".,..".-..,.g~ \ (l.'{€' . ."..... <1 r-.: <6 ~ OtfOI:l >1331:1:; .~~;t"""+f - ! , N tfW 701 o I), 0'" ~"i L; 8 ~ ~ " <. <6 Q-S-v '. o o ... ';:-...,]. ..." o o '. ~ i' ..... 0).- '(-0 It.J1~ ~.... "'0 ,... .~~ C1 "",1 <'{~ ~ "I -.' :~' .~. ; '.. 0'../ 0-, o. g" (\I' 0 o ii g ~i Q ~ C\I :i o' 0 . N" "'- St. ~ o o o ... '" o o U> '" o o CD '" on '" 1331:115 ----...-r~ ' r ~ ~I~(-' ~I~ I I ..\tf7:J o o on .M_..._... -=-.--......... i. n,.' r- r-f7i :~ ..::J '" :--- .0 '.::J ,...., 1;;; .:::-~--;: I ~ o o o '" --------..,-------- ,", "..,- ",'t' ':j." "'~ "",::" .. '..<. , .- ,"'-..' ';:/:;~ :.':,.: -~. :': :~13ttllffYM ~;,:_.,,~_.,-1-..,:;:.,I~~!;;> ltJ ."' .:.:' ~.:;::.~; t"_, J-,; '.- :~, :.:.: <',~I"~ . :~ 1'"! "> . ...' "., " :~ . . , .~. . .....f ':ji;;~(:, >: l:i~~d_~f '1! ..~ -- ;:;~!~X-,..~ ,.,'.'. ;};.:i ;: -,.I'}fl;,t!~;Jitlj~i)/ ..:. it;!.r~::;~,-r!!. =. -;\ .:~ -; -~~ to' ~ ~ :::. " Q ;:: <l: ..J :t "> <l: '. ~. ." .,....-:. -- ..,.: ~ : ;,. '-" .. ',. ::~..~:r.:..,:.,~~~.(.t '. . ." :;,:.' . -.. ~ .!" RESOLUTION NO. 93- C'~- 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 (CAHILL ANNEXATION (ISLAND)) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in the attached Exhibit "A" have consented to the annexation of this property to the city of Ashland. The Council further finds that there are two electors residing in the proposed annexation. SECTION 2. The City of Ashland finds that the property described in Exhibit "A" is surrounded by the corporate limits of the city and the property may be annexed by ordinance without a pUblic hearing and with or without the consent of the owner pursuant to ORS 222.750. SECTION 3. Pursuant to ORS 222.524 a public hearing shall be held on February 16, 1993, at 7:30 p.m., in the Council Chambers, civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of certain real property from Jackson County Fire District No.5. All persons may appear before the Ashland city Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon, and more particularly described in the attached Exhibit "A." SECTION 4. The city recorder is directed to give notice of the hearing as required by ORS 222.120. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the ~d~y of ;;::~-L c"-./<-(J ,1993. C],~:t~L ~-<M,,~ Nan E. ranklin, City Recorder SIGNED and APPROVED this 6J-ZJt day ci ty of Ashland on the ~ "Uq:J ]:p~~m: Paul Nolte, City Attorney (p:ord\cahill.res) r/ of 7-2-/~<' ~J- ,1993. ~, ~/?~~ -Catherine M. Golden, Mayor 81-23707 E>>-tIi3IT "A" Bcsinning al I.he Nonheasl c~rner of the Southwest quaner o( the Southeast quaner of the Southwest quuler of See lIon 11, TownshIp 39 South, Range 1 wt, Willamene Meridian, Jackson County, Oregon; .thcnee Wesl 345.0 feel; thence South 126.27 (eel; thence wi 345.0 fee~ thence North 126.27 feel 10 the painl of beginning. EXCEPTING TIIEREFROM that ponion lying within the boundaries of Tolmao Cmk Road. SlillJECf TO: 1991-92 ta:<es are ~ lien, but not yet payable. Ri&hts of the public in and to any portion lying within the limits of public roadways, ilany, andlur ri&hts of privale panics over any portion lying within existing roadways or driveways nol disclosed by the public records. Thesc premiscs are slNaled in the Talenl lrrigation Distriet, and .ubject 10 the levies and assessmenls thereof, waler and irrigation rights, casements for ditches and canals and regulations concerning the same. An easemenl for inslallation and maintenance of a oanitary s<:wer line granted to the Cily o( Ashland, Including the terms and provlslons thereof, as sel fonh in Document No. 71-16453, Official Records of Jackson County, Oregon. A boundary line agreement, including the terms and provisions thereof, as set fOrlb in Documenl No. 86-19955, Official Records of Jacksoo Counly, Ore goo. raoll.~" c:laUIIIV, Or~;,on l\ll1<lrclod orrlOIAL II:E:OOROS SO: sS- ocr r :/-- .~ . , ~ " , CERTIFICATE OF CITY RECORDER state of Oregon County of Jackson City of Ashland ss. I, NAN E. FRANKLIN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said city and that I have prepared and attached copies of the following documents: 1. Copy of consent to annexation. 2. Resolution No. 93-05, setting time and place for public hearing. 3. Ordinance No. 2702, annexing the territory and withdrawing annexed real property from Jackson County Fire District No.5. 4. Legal description and map. 5. Notice of posting. The above items are copies of originals filed in my office and they are correct, true and complete transcripts. Dated the tf; -t,{ day of ~.~1 ,1993. (~d> L :;;::d.~-<M.~_ Nan E. Fr~nklin, City Recorder Subscribed and sworn to before me this (; .;:Z/~ day of q;, L { , 1993. My Commission expires: dc", =~- ^. tJ"t::<:a Notary Public fo Oregon q/.:?; /9.J I . OFFICIAL SEAL SUSAN M. YATES NOTARY PUBLIC - OREGON COMMISSION NO 0097 MY Ct)MMISSION EXPIRES SEPT. 28, i~ state of Oregon ss. City of Ashland I, NAN E. FRANKLIN, being first duly sworn on oath, depose and say that I am city Recorder of the City of Ashland, and that I did, on February 9, 1993, post four copies of the hereto attached notice as follows: City Hall US National Bank Western Bank Public Library 20 E. Main Street 30 N. Second Street 243 E. Main Street Siskiyou Blvd. & Gresham st. I further depose and say that the attached notice was pUbliShed in the local Daily Tidings on February 9th & 15th, 1993, prior to the public hearing held on February 16, 1993. Jf.;(... Subscribed and sworn to before me this ~ day of /' ' /~'k/ , 1993. N~~";~iC)1~~ ?f;~~~> My Commission expires: 1 /7' I ' / <;"') . . OFFICIAL SEAL SUSAN M. VATES NOTARY PUBLIC - OREGON COMMISSION NO. 009778 MY ~\MISSION EXPIRES SEPT 2S.1995 1..- ! C I T Y HAL L C I T Y o F ~ ASHLAND, OREGON 97520 telephone (code 503) 482-3211 23 March 1993 Mr Wayne Cahill PO Box 868 Ashland OR 97520 Re: Annexation of Property at 375 Tolman Creek Road Dear Wayne: In order to complete the annexation of your property at 375 Tolman Creek Road, we must have a certified (stamped by a professional land surveyor) description of the property to be annexed as well as a map of the area. It will be necessary to contract with a land surveyor to provide both. As mentioned before, we can not complete this filing until this information is provided so your prompt action would be greatly appreciated. If you have any questions, please feel free to call at 488-5347. Sincerely, ~ ~1ftJ)- Wes H. Olson Assistant City Engineer JHO:rs\''''ill.mx cc: Nan Franklin JlIlemorandum 2 April 1993 'ffi 0: Nan Franklin, Paul Nolte, John McLaughlin J,m H. 01,"" A"i","' Ci<y E"gi",", ,/JU JJf rom: ~ubjed: Cahill Annexation Attached are copies of the annexation description (Exhibit' A ') and the accompanying map for the annexation of property at 375 Tolman Creek Road. This description should replace the description originally used with ordinance no. 2702 and should be used universally in conjunction with this annexation. JHO:rs\cahill.anx Exhibit "A" Commencing at the Southeast corner of Section 11, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 780 45' 23" West 3435.60 feet to a 5/8 inch diameter iron rod marking a point on the West line of Tolman Creek Road, being also the true point of beginning of that certain boundary line by agreement described in Document Number 86-19955, Official Records for said County and State and being also the TRUE POINT OF BEGINNING of the tract described herein; thence South 00 04' 09" West, along said West 1 ine, 126.27 feet to the Southeast corner of that tract described in Document Number 91-23707, said Official Records; thence South 890 57' 36" West 315.70 feet to the Southwest corner of last said tract; thence North 00 21' 05" East, along the West line of said tract described in Document Number 91-23707, 126.27 feet to a point on said boundary line by agreement described in Document Number 86-19955; thence North 890 57' 36" East 315.08 feet to the true point of beginning. REGISTERED ~\ PROFESSIONAL I LAND SURVEYOR o. Exhibit "A" Commencing at the Southeast corner of Section 11, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 780 45' 23" West 3435.60 feet to a 5/8 inch diameter iron rod marking a point on the West line of Tolman Creek Road, being also the true point of beginning of that certain boundary line by agreement described in Document Number 86-19955, Official Records for said County and State and being also the TRUE POINT OF 8EGINNING of the tract described herein; thence South 00 04' 09" West, along said West line, 126.27 feet to the Southeast corner of that tract described in Document Number 91-23707, said Official Records; thence South 890 57' 36" West 315.70 feet to the Southwest corner of last said tract; thence North 00 21' 05" East, along the West line of said tract described in Document Number 91-23707, 126.27 feet to a point on said boundary line by agreement described in Document Number 86-19955; thence North 890 57' 36" East 315.08 feet to the true point of beginning. ~, REGISTERED \ PROFESSIONAL LAND SURVEYOR ORfGO~ JULY 16, 19111 DAVID A. . row ARDS 2339 c><fires (~/II/'J Exhibit "A" Commencing at the Southeast corner of Section 11, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 78" 45' 23" West 3435.60 feet to a 5/8 inch diameter iron rod marking a point on the West line of Tolman Creek Road, being also the true point of beginning of that certain boundary line by agreement described in Document Number 85-19955, Official Records for said County and State and being also the TRUE POINT OF BEGINNING of the tract described herein; thence South 0" 04' 09" West, along said West line, 126.27 feet to the Southeast corner of that tract described in Document Number 91-23707, said Official Records; thence South 89" 57' 36" West 315.70 feet to the Southwest corner of last said tract; thence North 0" 21' 05" East, along the West line of said tract described in Document Number 91-23707, 126.27 feet to a point on said boundary line by agreement described in Document Number 86-19955; thence North 89" 57' 36" East 315.08 feet to the true point of beginning. ~ REGISTERED \ PROFESSIONAL LAND SURVEYOR o. OREGON~ JULY 16. 1988 OA VIO A. fDW. ARDS 2339 --.. .- C>'f;res 12./11/1'} - ._~~-:...- ~ - r- ~ - ~- 91-23707 EJ<HIilIT "A" Beginning al t~e NOr1heast c~rner of lbe Soulbwestquar1er of the Southeast qUar1er of tbe Southwesl qUar1er of Sechon 11, TownshIp 39 South, Range 1 East, WUlamelle Meridian, Jackson County, Oregon; .thence West 345.0 feel; thence South 126.27 feet; lbenee East 345.0 feet; thence Nortb 126.27 feel to Ihe poinl of beginning. EXCEPTING THEREFROM that portion lying within the boundaries o! Tolman Creek Road. SUBJECf TO: 1991-92 ta)\l!S are "; lien, but not yet payable. Righls of the public in and to any pdr1ion lying wilbin the limits a! public roadways, if any, and/or rights of private parlies over any POl1ioD lying within existing roadways or driveways DOl disclosed by the public records. These prenuses arc situaled. in the Talent irrigation District, and aubject to Ibe levies aod assessments thereof, water and inigatioD rights, casements for dilches and canals and regulalions concerning the $.i1I11C. . An casement for instillation and maintenance of a sanitary 5ewer line granted 10 the City of Ashland, Including the terms and provlslonslbereof, as set !or1h In Document No. 71-16453, Official Records of Jackson Counly, Oregon. A boundary line agreement, including the lerms and provisions chereo!, as 5e1 forth in Document No. 86-19955, Official Records a! Jackson County, Oregon. 'oak,." ~.II"tv, Q/4gon lI'l1Qlll.c1 OrrlCIJlL IU!C010S ~: 5"';- OCT 11901"";-.)(. KATHLEEN S. BECKETT ,eLl ~d REC2,BIltR ,!~-~Do~U" " ~ .~ -...~- - 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 having any right, title or interest in the property or any part, their heirs, successors and assigns: 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 3~d Co (/2 / --:> ' SIGNATURE (-1'./". '(f/Vl ,1 (t--~ /: -<.-L"I Printed NameJt! j1 //0-) e R Cfi I/.I- L C Printed Name /) - / /ti, /# r!4 ///";/ / A, SIGNATURE Printed Name State of Oregon County of Jackson This instrument was acknowledged before me on by lU () lj ,~ f" 1\) (0. h, II 0 w.\ \ / I Jz i I. 2~ (,'j h, II ,1992, OFFICIAL SEAL .""'li NA~ICY E. SLOCUM .'5.:.'~~ NOTfS'( Pl;a:c - OxEGON -y.,':,"'/ CQ....U.',.SS:ON NO. 00,)647 '.. ,- MYCOMMISS;ON tAPIRESSEP.1B, 1995 9-/5 9:<, (p:planning\8l1nex.cnsl \ EXHIBIT "A" PRELIMINARY TITLE REPORT Leglll Description of Real Property being searcbed: Beginning at the Northeast comer of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence West 345.0 feet; thence South 126.27 feet; thence East 345.0 feet; thence North 126.27 feet to the point of beginning. EXCEPTING TIffiREFROM that portion lying within the boundaries of Tolman Creek Road. Vesting shown by public records: EDMUND R. SIMONEAU AND PAULINE E. SIMONEAU as teuants by the entirety an estate in fee simple Exceptions to the title not included in printed policy exceptions: 1. 2. 3. (j o 6. 1991-92 taxes are a lien, but not yet payable. Rights of the public in and to any portiou lying within the limits of public roadways, if any, and/or rights of private parties over any portion lying within existing roadways or driveways not disclosed by the public records. These premises are situated in the Talent Irrigation District, and subject to the levies and assessments thereof, water and irrigation rights, easements for ditches and canals and regulations concerning the same. An easement for installation and maintenance of a sanitary sewer line granted to the City of Ashland, including the terms and provisions thereof, as set forth in Document No. 71-16453, Official Records of Jackson County, Oregon. - A boundary line agreement, including the terms and provisions thereof, as set forth in Document No. 86-1995~ Official Records of Jackson County, Oregon. .....,. -.'....7."__-"-" A Trust Deed, including the terms and provisions thereof, given by Edmund R. Simoneau and Pauline E. Simoneau, husband and wife, as grantor(s), Jackson County Title Company, as trustee, for First National Bank of Oregon, as beneficiary, dated June 25, 1971, recorded June 29, 1971, as Document No. 71-08019, Official Records pf Jackson County, Oregon, given to secure payment of a note in the amount of $15,400.00, with interest thereon. NOTE: 1990-91 Real Property Taxes - $1,720.47, paid in full. Code 5-12 Account 1-11481-4 Map 39 IE 11C Tax Lot 700 NOTE: We have also made a special search for judgments against persons by the name of or name similar to Wayne R. Cahill and Vicki L. Cahill and find none of record. Page 2 of 2 CTl - 82128 ORDINANCE NO. J{'7c)~ AN ORDINANCE ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, WITHDRAWING THE AREA JACKSON COUNTY FIRE DISTRICT NO. 5 AND ZONING IT C-1 RETAIL COMMERCIAL (CAHILL ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is surrounded by the corporate limits of the city and may be annexed by ordinance without a public hearing and with or without the consent of the owner pursuant to ORS 222.750. (The owner of this property has consented.) This property is therefor proclaimed by this ordinance to be annexed to the city of Ashland. SECTION 2. A public hearing having been held as required by ORS 222.524, 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 3. The City of Ashland elects to pay the bonds of the special districts pursuant to the provisions of ORS 222.520(2) (b). SECTION 4. The Ashland Comprehensive Plan map designates this property as Commercial and the property is therefor zoned C-1, Retail Commercial. The foregoing ordinance was first read on the Ice. ~ day of ~-!~-"" a~~l ' 1993, and duly PASSED and ADOPTED this c?.,,~4') day of 7/1~c~ , 1993. ~ ;:::/~d0<- Nan E. Franklin City Recorder SIGNED and APPROVED this ~~ day of );t~~_ , 1993. ~~~~ catherine M. Golden Mayor Reviewed as to form: ?~ ;J~ Paul Nolte City Attorney PAGE 1-0RDINANCE (p:ordlcahilI.Ord) - '-7"'""'-"':' : ~... )'dIl -- 91-23707 EJlHIBIT "A" Beginning at l~e Northeast c~rner of the Southwest quarter of the Southeast quarter of tbe Southwest quarter of Section 11, Township 39 South, Range 1 East, WillameUe Meridian, Jackson County, Oregon; .thence West 345.0 feet; thence Soutb 126.27 feel; thence East 345.0 feet; thence Nortb 126.27 feet to the point of beginning. EXCEPTING TIiEREFROM that pcrtion lying wilhin the boundaries of Tolman Creek Road. SUBJECf TO: 1991-92 ta)\eS are a. lien. but not yet payable. Rights of the public in and to any pdrtion lying within the limits of public roadways, if any, andlor rights of private parties over any pcr1ion lying within existing roadways or driveways not disclosed by the public records. These premises are situated. in the Talent Irrigation Dislriel, and lubjeel to the levies and assessments thereof, water and irrigation rights, casements for ditches and canals and regulations concerning the same. . An casement for installation and maintenance of . sanitary sewer line granted to the City of Ashland. Including the lerms and provlslons .thereof, as set fortb in Document No. 71-16453, Of!ieial Records of Jackson County, Oregon. A boundary line agreement, including the !elmS and provisions thereof, as set fortb in Document No. 86-19955. Offieial Records of Jackson County, Oregon. rciolu," Qalllllv. QI~gon lIall'lrclod O!'!'IOIAL l\I!OOIOS ~: S'~ OCT 11QQ1,#-JL KATHLEEN S.BECKETT ifi1 ~' '! ~ ~ o.,ut't " ~ ~ -I!I[.''---'- - :r: Cl :r: :iE l> -< OJ OJ ~-----------------------, - o o N ~ o o " 0"' 00 OC , Z -" D ",}> Do'" "'~ 'r ~Z "'~ "'l> "'0 ,'" I ~ , ~ '" ~ Z ~ - o '> (<".0 0'" >PI.- <"J Xo' 0'6' o v - o o " 'r.M.C./>... - o o '" ~ Cl ;U ..., ..., Z U1 -U ;U Z Cl U1 :r: Cl :r: :iE l> -< ~ ~ r "' o J ace ':' l' C~.. r 1 J6.2-' r'~ 'Y'" g I '.'J 1 '" I '" Iv. U # 375 ~~ en -'-' "I o o o V) "'~--1 ~ ~ I ~ ~ ~ o t - I ~-" t I '"" '" ~. ~ ~ ~ ~ q ~ " ~ OlO1 I L: R> ';!~ . ~ "~ I.(l ~ w I Ie, e" "I , ~ to.., I I N o o r '" o o o o -II 00 ~o Zl> tIl-l I fTl 7" _0.:::.... '---0 )> l> - 00-lZ-o ~lO-I OtllIO ZOfTl CtIl" 0-1" g;r:~l> Z:;:o~Z ~l>"'-..Z ~ Z~rr-J C) 0fT10X :;:0 "l> fTl--" C) tIl -l o fTl fTl -0 Zl>O tIl-lZ -I- . 0 Z $" ~ ?6..u' , ~ . .~ o TOLMAN CR. RD. 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'" 0 !~ U:P- 0 '" '"rj '" z V> Z I t=J ~ ;J> ...... z IJl li!tirR' ~ ~ z ::r:: ~ ~ <---=i '" r >---< z 0 <> ;J> z '" Z ~ 1 os .. V> t::l 6 ~ ';' z :r: C) :r: ::;;: l> -< a> a> ~ C) '" tT1 tT1 Z (j) -0 '" Z C) (j) :r: C) :r: ::;;: l> -< ~ :r: C) :r: ::;;: l> -< a> a> Y.M.C./'.. '" o - o o N o o - o o o 1 T---' ~ 1 ~ ~ at - I r I i f ~_ i ~ 'I I' ; I ,: .~ t 1 -; 1. .U I I I I o o " ------------------------, ~ - :0 0 . 0 "' '" t:J J ace. !,. cs"i f 126.2-' i "~..."~---~. ~,....:::r-- " o o it.} Vl c; " < "' "' 2. -4- '" ID '" o "'" '" N "'''' ';0 '" '" '" . ~ "\ .. ID ~ ""' 00 oc. - Z -r,_.~ ",'" ","' Ir ~-z co"' "'" "'0 '" "' "' " "' z ~ / / ^> <<: '" 0'(- 'PJ.- <:, --~" <5'", o v '" I", '" 0 r- ;u,U' '" # 375 . -, 0 " . 0 0> 0 , .'" 0 '" , ~ 126.) " ..... . e -. 0 N I 0 r r r r r ~ , r r { , r , r r r r I 1 r ~ , , r \ .- oeo 0"" 09"\( III () :t> I fTl .. ~ ~ II N o o '" o o '" o o , . , . ~z~C--- , ~-:: " v.. , 7 (J , '- ~ .~ T1 C'" r- -.... ,:........ l.. l> -....., L: , - o :::0 ;;,-' rrl rT1 fT'. j~ 7'.'- ::J III :::07 o ~:, >-, - "':T'J~ J ~ '-' TOLMAN CREEK ROAD \ 1> ::D. ;-r1 , 1> 1 '-' .:v " ,- v iT! 1"-, :::0 ... . .-j rl -< v.. [ () <.0 '. ~ 0 Cc -"-. f'..: L. -l 0- '.. l> '-r -- Lf) ...{) Z U) ..,. ~- ~ 0 z :-:tJ fT1 t - o N o o -II 00 ~() Z)> lIl-l IfTl?," _0.::::.... );"'O_l> ()(NZLJ ~<.O-I oU)IO zofTl C III '1 () -I . g?=~)> Z;o ~z ~ :t>"-Z ~ z.J:>.fT1 G') OfTlOX ~-"..,.,)> G') III -l o fTl fTl -0 z)>() lIl-lZ -1- ~ 0 Z N o o ,.-....... -l~ - (N <.0 -" , fTl U ~ -" () ~ \J Q ~ ...... 0 - '-' ~ ~~ ~ ,__,Z /;", --"'<:..;.-- u)/; NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on February 16, 1993 at 7:30 P.M. at the civic Center Council Chambers, 1175 E. Main st., to consider the withdrawal of certain real property from Jackson County Fire District No.5. (Cahill Annexation, 375 Tolman Creek Road) BY ORDER OF THE ASHLAND CITY COUNCIL Publish: Daily Tidings February 9 and 15, 1993 (d: \comdev\93notice) <'. , tJ ! ij~.. ~ C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482.3211 April 3, 1993 Secretary 142 State Salem OR of State Capital 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Cahill Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2702, annexing the area and withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. 3. Consent to annexation. I trust that this will comply with the filing requirements of State Law. Cordially, ,-J d ~74-..._C7"M-<~a~-<- Nan E. Franklin City Recorder h:\budgl"t\:mnexkl.nan CERTIFICATE OF CITY RECORDER state of Oregon County of Jackson City of Ashland ss. I, NAN E. FRANKLIN, City Recorder of the city of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Ordinance No. 2702, annexing the territory and withdrawing annexed real property from Jackson County Fire District No.5. 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 ~'d- day of /llv~-1 Q.e~d .:1- ~~~ Nan E. Franklin, city Recorder , 1993. Subscribed and sworn to before me this r;, ,xl- day of u~ ~-'-<---- / , 1993. My Commission expires: ~C<-ny. h1.. (.1 O.~f\' Notary Public fo~)oregon q I;;v I CiS ! I . OFFICIAL SEAL SJJSAN M. YATES NaTAllY PU13UC . OREGON COMMISSION NO. OC0778 MY UlirlMlSSiOlf EXPiR(S SEPT. 2a. 1995 C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 3, 1993 Jackson County Clerk Courthouse Medford OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Cahill Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2702, annexing the area and withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, ~4~ Nan E. Franklin City Recorder h: \budgeL\anllex1et. nail CERTIFICATE OF CITY RECORDER state of Oregon County of Jackson City of Ashland ss. I, NAN E. FRANKLIN, City Recorder of the City of Ashland, Oregon, hereby certify that I am the official custodian of all documents and records of the said City and that I have prepared and attached copies of the following documents: 1. Ordinance No. 2702, annexing the territory and withdrawing annexed real property from Jackson County Fire District No.5. 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 ~-cL day of a-/M~~ / ::2 a.' ~ L ;7;,,~1~~ Nan E. Franklin, City Recorder , 1993. Subscribed and sworn to before me this & /~J.-.. day of 0 n/L.C / , 1993. My Commission expires: /J'L. L., C1~ )". ~4 ().LR_ Notary Public forJoregon q /.JF / q<{ / . OFFICIAL SEAL SUSAN M. YATES NOTARY PUBLIC. OREGON COMMISSION NO. 009778 MY COMMISSION EXPIIIES SEPT. 2B. 11l!l5 C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 3, 1993 Jackson County Assessor Courthouse Medford OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Cahill Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2702, annexing the area and withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements of state Law. Cordially, -7 A - C-k#<'/~~Jd..</ Nan E. Franklin City Recorder h:\budg':l\annrxkl.n:LIl C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 3, 1993 Jackson County Surveyor Courthouse Medford OR 97501 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Cahill Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2702, annexing the area and withdrawing annexed real property from Jackson County Fire District No.5. 2. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, C~a/ g;A~ Nan E. Franklin City Recorder h: \budgct\:UUlC xlct. nail C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-321 1 April 3, 1993 State of Oregon Department of Revenue Assessment and Appraisal Division Salem OR 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Cahill Annexation) . Enclosed are the following documents: 1. Copy of consent to annexation. 2. Resolution No. 93-05, setting time and place for a public hearing. 3. Ordinance No. 2702, annexing the territory and withdrawing annexed real property from Jackson County Fire District No.5. 4. Legal description and map. 5. Notice of I trust that this will comply with the filing requiremen~s of State Law. Cordially, C::::--:)_ // . . ;:;7,dZl7 /4 -.dd<.-,_ Nan E. Franklin City Recorder h:\blldg.:t\aI111<:-xkl.nan