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Home My WebLink AboutCrowson Rd. Annexation #1 PHIL KEISLING SECRETARY OF STATE ADMINISTRATION DIVISION PUBLIC RECORDS SeCTION CAROLE A. IRWIN LEAL. ADMINISTRATOR (503) 378.4339 OFFICE 01' TilE SECRETARY OF STATE RULES & RECORDS - (503) 378-2935 NOTARY PUBLIC - (503) 378-4724 MICHAEL GREENFIELD DEPUTY SECRETARY OF STATE 142 STATE CAPITOL SALEM, OREGON 97310-0722 April 25, 1991 cay of Ashland City Ha 11 Ashland, OR 97520 Dear Ms. Franklin: Please be advised that we have received and filed as of April 17, 1991, Ordinance No. 2615, annexing territory to the City of Ashland. Our filing number is AN 1991-0043. Sincerely, '-I .~_:{/)\LL (/0' ({/~V"~'\(l ~--~':-;,-'_:. Kimberly S~bler Official Public Documents cc: Jackson Co. Clerk ~:emorandum April 4, 1991 ~o: Nan Franklin, John McLaughlin, Jill Turner Jff rom: James H. Olson, Asst. city Engineer ~ m ~uhjtd: CROWSON ROAD ANNEXATION Attached is a description and map of the Crowson Road Annexation, and Ordinance No. 2615, for property located at 209 Crowson Road. Annexation fees and related information are as follows: A. OWNERS - James and Anna Mae Smith B. TAX LOT DESIGNATION - 391E 13C 2300 C. ZONING PER ORD. NO. 2617 - R-1-10-P D. ANNEXATION RATE PER AMC 4.16.010B - $0.0383/S.F. E. AREA PER RECORDED SURVEY #12453 - 111,291 S.F. F. TOTAL ANNEXATION COST - $4.262.44 Please review the-above information to be certain that the proper rates have been applied. Attachments/ C I T Y o F ASHLAND C I T Y HAL L ASHlAN D. OREGON 97520 telephone (code 503) 482-3211 April 11, 1991 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 (crowson Rd. Annexation). Enclosed are the following documents: 1. Copy of consent to annexation. 2. Ordinance No. 2608, dispensing with an election. 3. ordinance No. 2615, annexing the territory. 4. ordinance No. 2616, withdrawing annexed real property from Jackson County Fire District No.5. 5. Legal description and map. 6. Notice of posting. I trust that this will comply with the filing requirements of State Law. Cordially, ( 7 //'.' --7~7b" / 4.a.u4..t!~ Nan E. Franklin City Recorder NEF/pp Enclosures (6) CitAsh3 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. 2. 3. 4. 5. 6. The and they Copy of consent to annexation. Ordinance No. 2608, dispensing with an election. Ordinance No. 2615, annexing the territory. Ordinance No. 2616, withdrawing annexed real property from Jackson county Fire District No.5. Legal description and map. Notice of posting. above items are copies of originals filed in my office are correct, true and complete transcripts. Dated the / 0 71-- day of ()L>1.-,~ , / , 1991. / . .4a~ ranklin, city Recorder Subscribed and sworn to before me this /0 /~ day of 0P~ , 1991. tLo <-r- J/A ,l_iJ~ Notary Public for Oregon q /2s-,// (71 I I My Commission expires: County of Jackson ) ) ) ss. state of oregon 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 December 17, 1990, 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 notices were posted 10 days prior to January 2, 1991. ~ t p;a~A- Nan E. Franklin, City Recorder Subscribed and sworn to before me this /0 /<t- day of C~~L , 1991. My Commission expires: ft<A--:J~ f)" 7~ Notary Public for oregon 9/:;y/r; ; I C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482.3211 April 11, 1991 Secretary of State State Capitol Salem, Oregon 97301 The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland (Crowson Rd. Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2615, annexing the area. 2. A copy of Ordinance No. 2616, withdrawing annexed real property from Jackson County Fire District No.5. 3. A legal description and map. I trust that this will comply with the filing requirements of State Law. Cordially, "- A RJef _'"_"'. ' /7," '~:/'I,.,...o' .. ~<.v ;7,,;'/i-< 1:.. Nan E. Franklin City Recorder NEF /pp Enclosures (3) CityAsh1 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. 2615, annexing the territory. 2. Ordinance No. 2616, withdrawing annexed real property from Jackson County Fire District No.5. 3. 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 <//;O day of q~ , 1991. / ~J. L -/ 1./7' v('a~' P Y/7<'L__4tx~ Nan E. Franklin, city Recorder Subscribed and sworn to before me this /o)YL day of L70'~~ , 1991. My Commission expires: ~a:--r- n,. ~ Notary Public for Oregon ell;;;1 '1/ I C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 11, 1991 Jackson county Assessor Courthouse Medford, OR 97501 The city of Ashland has approved annexation of certain contiguous territory to the city of Ashland (Crowson Rd. Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2615, annexing the area. 2. A copy of Ordinance No. 2616, withdrawing annexed real property from Jackson County Fire District No.5. 3. A legal description and map. 4. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements of state Law. Cordially, C-j d... ~/;;.a:~~ Nan E. Franklin city Recorder NEF/pp Enclosures (4) CitAsh4 C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 11, 1991 Jackson County Clerk Courthouse Medford, OR 97501 The city of Ashland has approved annexation of certain contiguous territory to the city of Ashland (Crowson Rd. Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2615, annexing the area. 2. A copy of Ordinance No. 2616, withdrawing annexed real property from Jackson county Fire District No.5. 3. A legal description and map. I trust that this will comply with the filing requirements of state Law. Cordially, -, /7""" 024.:4/ ;4.a.u~~ Nan E. Franklin City Recorder NEFI.Pp Enclosures (3) CitAsh4 C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 April 11, 1991 Jackson County surveyor Courthouse Medford, OR 97501 The city of Ashland has approved annexation of certain contiguous territory to the city of Ashland (Crowson Rd. Annexation). Enclosed are the following documents: 1. A copy of Ordinance No. 2615, annexing the area. 2. A copy of Ordinance No. 2616, withdrawing annexed real property from Jackson County Fire District No.5. 3. A legal description and map. I trust that this will comply with the filing requirements of state Law. Cordially, ') // ,. .--./J6<-~7/:'~.4... ;LL--i:-;7("-- Nan E. Franklin City Recorder NEF/pp Enclosures (3) CitAsh2 ;J , ffl " 0 .. .. c l~~ r- " ~f 11- , ,f " 0 0 il~ " lit . ~ f Z - I \~ = ~ ~ " c ~ ~ ffl -: > " . 0 ~ ~ J{' t"1'l , 0 o c: ;. <) , '" , 0 . <) . 0 , ~ ,5' -< , z " 0 . -; 5" -I : 0 - ~ .0 <) \; ,. . ,.. ~ '" , " .j - 0 .. ~ ); . r '" '" - " I J I I . " c: .VJ r ~ '" ;0 t f ~ f z i'il 0 0 -< -10 0 5 " " " '" ':1> ! J , , , 0 VJ-I , Cl ~ . (j)CT1 I N j j i!' z ~ (j)CJ ~ , ; l>.~"'s... , . ,. ,. ~~~~ .; 5- -0 ;; . . . !'!l r--,... ~ ,. , . " " A.~200 ::0 0 0 , [ [ ~q,'~b. 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'~ , iH I / .11 I ~U ~1 l ~: It' I ~l~ ~.l t~ I~' ." ,- 1ft . , ^" -. ....~~ ., i~ It- .. ~. , ,~ " a i, .; ."~ (;Jr - 0 -10 .J> (;J-I \0111 UlO , ~ ;:00 -r s: ,111 0 o h ::E Z ::::r ", 0 s:' N,01 o c.. +> g OJ \0 "'_ \0<n::r o (1) ~ Ul ~::E c - ~ '- S'+> O~ -. <1> Ul <0 <1> o () ? o. -0 r ~ o '1 (J) C ::0 < fTl ~ l~l .n ~!~ ll~ ~ t :ii!: I I ~ . o . , " ~ij .j if .. )l Il ~~ .e i " > ~- , < , 1? I - " ~ ~ 2 , 'fV: ~ ~ ir ~ ~ p..",)> "ii .,-1 S ~ o' " ~ ~ 001 1: ';;1 . ~ ~ ~ ~ I . ~ f . ~n ~ I' f ~ I I .4 I ' t~ . I . I I ~ " ., ~q . q , r g~ ;:~i Edwards Surveying & Land Planning Inc. DARREL W. EDWARDS OREGON REG. 741 ARIZONA REG. 9746 ^ DAVID A. EDWARDS OREGON REG. 2339 REGISTERED lAND SURVEYORS 823 Wm 8TH ST. MEDFORD, OREGON 97501 (503) 776-2313. (503) 471-7059 DESCRIPTION FOR: Leo Zupan Apr il 4, 1991 James and Anna Mae Smith property to be annexed: 2.555 Acres Beginning ata point on the North line of Donation Land Claim Number 54 in Township 39 South, Range 1 East of the Willamette Meridian in the City of Ashland, Jackson County, Oregon, 893.64 feet South 890 46' 09" East from the Northwest corner of said Claim and being also the Northwest corner of tract described in Document Number 66-02770, official records for said County and State;; thence South 00 13' 51" West, along the West line of said tract, 431.36 feet to a point on the Northwesterly right of way line of Crowson Road; thence North 500 20' 11" East, along said right of way line, 672.56 feet to a point on said North line of Donation Land Claim Number 54; thence North 890 46' 09" West 516.00 feet to the point of beginning. r _.._..._C ...., REGISTERED PROFESSIONAL LAND SURVEYOR /J~ a. ~~ OiEGON JUlY 16. 1988 OA VIO A. row AROS '- 2339 Edwards Surveying & Land Planning Inc. DARREL W. EDWARDS OREGON REG. 741 ARIZONA REG. 9746 " DAVID A. EDWARDS OREGON REG. 2339 REGISTERED lAND SURVEYORS 823 WEST 8TH ST. MEDFORD, OREGON 97501 (503) 776-2313 . (503) 471-7059 DESCRIPTION FOR: Leo Zupan Apr il 4, 1991 James and Anna Mae Smith property to be annexed: 2.555 Acres Beginning at a point on the North line of Donation Land Claim Number 54 in Township 39 South, Range 1 East of the Willamette Meridian in the City of Ashland, Jackson County, Oregon, 893.64 feet South 890 46' 09" East from the Northwest corner of said Claim and being also the Northwest corner of tract described in Document Number 66-02770, official records for said County and State;; thence South 00 13' 51" West, along the West line of said tract, 431.36 feet to a point on the Northwesterly right of way line of Crowson Road; thence North 500 20' 11" East, along said right of way line, 672.56 feet to a point on said North line of Donation Land Claim Number 54; thence North 890 46' 09" West 516.00 feet to the point of beginning. ...---.., -,..- REGISTERED PROFESSIONAL LAND SURVEYOR f}cuu.;/ a. ~~ OREGO~ OA V10'A'IDW ARDS 2339 ORDINANCE NO. ~tf,/5- AN ORDINANCE OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON AND PROVIDING FOR AN EFFECTIVE DATE. (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in Exhibit "A" attached hereto and made a part hereof is contiguous to the city of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the city of Ashland as provided in section 2 of this ordinance. SECTION 2. Upon the effective date of this ordinance, the City Recorder, in accordance with ORS 222.177, is hereby authorized and directed to make and submit to the Secretary of the State of oregon, a copy of this ordinance, a copy of the Statement of Consent from the electorate of the tract annexed, and a copy of the ordinance dispensing with the election on the proposed annexation, and also upon the effective date hereof, the City Recorder is authorized and directed to submit a copy of this ordinance to the County Assessor and County Surveyor of Jackson County, Oregon. The foregoing Ordinance was first read by title only in accordance with Article X, section 2(C) of the city Charter on the 19th day of . SH- Februarv, 1991, and duly PASSED and ADOPTED thls . - day of /71a/t. e--L , 1991. .. ') ;f /;/ uJ' . . . .. >1zc-u" -t:-~, ;- /l a;lt..ILx-<-Y'- Nan E. Franklin City Recorder SIGNED and APPROVED this ~~ day of fil~~'c-/L-- , 1991. ~~4~ Catherine M. Golden Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Wednesday, January 2, 1991 at 7:30 P.M. in the civic Center Council Chambers, 1175 E. Main street, on the following matter: Annexation and zone change for property located Road. zoning from Jackson county RR-5 to city P. Assessors map no. 39-1E-13C tax lot 2300. and Ward, Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. written comments will also be received at the office of the city Recorder, Ashland city Hall, during business hours until 5:00 P.M. on Wednesday, December 26, 1990. at 209 Crowson of Ashland R-1-10- (Giordano, Wagner By order of the city-Council -~-- . (/" // , _,Y ~i:_~ ' ~ .::- :~~. c /1 ~~ /~ Nan E. 'Franklin city Recorder PUBLISH: Daily Tidings December 17 and 24, 1990 POST: 4 public places December 17, 1990 " / ORDINANCE NO. ~~~~ AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN RECENTLY ANNEXED REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in Exhibit "A" attached hereto, situated in the city of Ashland, Jackson County, Oregon is hereby withdrawn from Jackson county Fire District No. 5 pursuant to the provisions of ORS 222.524. 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 by title only in accordance with Article X, section 2(C) of the City Charter on the 19th day of and duly ADOPTED this t-k Februarv, 1991" PASSED and 5 - day of ')); C0-. cA<--- 1991. ? C~a-~ it ~/~~ Nan E. Franklin city Recorder SIGNED and APPROVED this &, tI<- day of Yt.-, fi tf7/~.a~~ c.--C-c__ , 1991. ~-~~~ Catherine M. Golden , Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City council will hold a public hearing on Wednesday, January 2, 1991 at 7:30 P.M. in the civic Center council Chambers, 1175 E. Main street, on the following matter: Annexation and zone change for property located at 209 Crowson Road. Zoning from Jackson County RR-5 to city of Ashland R-1-10- P. Assessors map no. 39-1E-13C tax lot 2300. (Giordano, Wagner and Ward, Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. written comments will also be received at the office of the city Recorder, Ashland City Hall, during business hours until 5:00 P.M. on Wednesday, December 26, 1990. By order of the city-Council ~_. . /--- /.- f '/ -. _ ------- '.--!,- _ ,,,.~ ,J,/<", .,'!~c,,~ Nan E. -Franklin city Recorder PUBLISH: Daily Tidings December 17 and 24, 1990 POST: 4 public places December 17, 1990 " 1<; ORDINANCE NO. .Ji,l>/'7 AN ORDINANCE OF THE CITY OF ASHLAND RE-ZONING CERTAIN PROPERTY FROM RR-5 TO R-1-10-P (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The property described as Tax Lot 39-1E-13C-2300 and shown as that property located at 209 Crowson Road is hereby rezoned from Jackson County RR-5 to city of Ashland R-1-10-P (Single Family Residential). The foregoing Ordinance was first read by title only in accordance Februarv, 1991, and duly PASSED and ADOPTED this on the 19th ~ S - day of day of with Article X, section 2(C) of the City Charter ) }l tL--.- c-L , 1991. ) ,{ hi' . . '--~:t:iJ P 7a?0jU:~,~ Nan E. Franklin city Recorder SIGNED and APPROVED this ,:{ ft.. day of );//v..,:>tL , 1991. ~.~~ Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on wednesday, January 2, 1991 at 7:30 P.M. in the civic Center Council Chambers, 1175 E. Main street, on the following matter: Annexation and zone change for property located at 209 Crowson Road. zoning from Jackson County RR-5 to city of Ashland R-1-10- P. Assessors map no. 39-1E-13C tax lot 2300. (Giordano, Wagner and Ward, Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. written comments will also be received at the office of the city Recorder, Ashland city Hall, during business hours until 5:00 P.M. on wednesday, December 26, 1990. By order of the City-council (_/~ . ~::j . / . , ~ . _,/ ~~--t: './ .-;<,,,,,,.,":"'/-<..t',Y'-- Nan E. l"ranklin city Recorder PUBLISH: Daily Tidings December 17 and 24, 1990 POST: 4 public places December 17, 1990 /. BEFORE THE CITY COUNCIL ASHLAND, OREGON January, 2, 1991 ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) IN THE MATTER OF PLANNING ACTION #90-195, REQUEST FOR APPROVAL OF AN ANNEXATION CONSISTING OF APPROXIMATELY 2.7 ACRES FOR THE PROPERTY LOCATED AT 209 CROWSON ROAD. APPLICANT: TOM R. GIORDANO, WAGNER-WARD-GIORDANO RECITALS: 1) Tax lot 2300 of 391E 13C is located at 209 Crowson Road and is zoned RR-5; Jackson County. The Ashland Comprehensive Plan Designation is single Family Residential; the proposed zoning is R-1-10. 2) The applicant is requesting approval of an Annexation for 2.7 acres. A site plan is on file at the Department of Community Development. 3) The criteria for approval of an Annexation are found in 18.108.190 and are as follows: . A. That the land is within the city's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the City's Comprehensive Plan. C. That the land is currently contiguous with the present City limits. D. That public services are available or can be made available to the site. E. That a public need for additional land, as defined in the city's Comprehensive Plan, can be demonstrated. 4) The Planning commission, following proper public notice, held a Public Hearing on october 9, 1990, at which time testimony was received and exhibits were presented. The Planning Commission recommended to the city Council that Planning Action 90-195 be denied. 5) The city Council, following proper public notice, held a Public Hearing on January 2, 1991, at which time testimony was received and exhibits were presented. The city Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the 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 11 Mil SECTION 2. CONCLUSORY FINDINGS 2.1 The city 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 The City Council finds that the request for Annexation of approximately 2.7 acres meets the criteria outlined in section 18.108.065. Specifically the City council makes the following findings: A. That the land is within the city's Urban Growth Boundary. As shown on the city's Comprehensive Plan and Zoning map, the site is within the City's Urban Growth Boundary. B. That the proposed zoning and project are in conformance with the city's' Comprehensive Plan. The Comprehensive Plan Map designation for this parcel is Family Residential. The applicant has requested a city designation of R-l-lOP, similar to that of the Oak subdivision. The Council finds that the proposed zoning conformance with the City's Comprehensive Plan. single zoning Knoll is in c. That the land is contiguous with the present city Limits. The current city Limits runs along the west, north, property line of the proposal site, therefore making contiguous with the present city Limits. D. That public services, including but not limited to adequate sewer, water, and electric utility capacity, access to fully improved public streets, and storm drainage; are available or can reasonably be made available to the site within 3 years time, and that the applicant or the city have the financial resources to extend city services within that time frame. and east the parcel Sewer: A sewer line is proposed to be extended south from Phase III of Oak Knoll subdivision to serve the development. The sewer line will run within a 10' public utility easement located between lots 5 and 6. Water: The property is currently served by city water. The service will be upgraded to accommodate the additional lots. The applicant has proposed to connect up to the 8" water line at Oak Knoll Drive and extend a 12" sewer line down Crowson Road and up into the development. Electric: Electricity is available from Crowson Road and will be extended to the proposal site. The existing power pole will have to be relocated to make room for the new street. Public streets: A new street with cul-de-sac turnaround will be constructed to access lots 1-8. The existing residence will continue to have its access from Crowson Road. Crowson Road is a county maintained road which has recently been re-surfaced with asphalt. The County plans to stripe Crowson Road with two, 11' wide travel lanes and two, 4' wide paved shoulders. storm Drainaqe: All run-off from the development will be directed to catch basins located within the new street. A storm drain-line will extend from the basins and discharge into the drainage ditch located along Crowson Road. on-site retention systems can be developed if necessary. E. That a public need for additional land, as defined in the city's comprehensive Plan, can be demonstrated. The Comprehensive Plan sets forth a goal and three policies which address "public need" as expressed in the above criterion. Goal: It is the City of Ashland's goal to maintain a compact urban form and to include an adequate supply of vacant land in the city so as not to hinder natural market forces within the city, and to insure an orderly and sequential development of land within the City Limits. . Policy VII-l The city shall zone and designate within the Plan Map sufficient quantity -of lands for commercial and industrial needs of its residents and a portion of rural residents consistent with the population projection for the urban area. The Council believes this policy refers to annexation and zoning of commercial and industrial land and is not applicable to this application. Policy XII-l The city shall strive to maintain at least a 5-year supply of land for any particular need in the city Limits. The 5- year supply shall be determined by the rate of consumption necessitated in the projections made in this Comprehensive Plan. Evidence in the record shows that there exists at least a five-year supply of land to meet projected single family housing needs. Since the proposal will not reduce the supply of land below the five-year figure suggested in the Comprehensive Plan, the council finds the application to be in conformance with Policy XII-I. In this case, the council believes it is prudent to increase the city's inventory by approximately 2.7 acres. The proposal site is bounded on three of four sides by the current city limits. Approval of this application will allow for a smooth transition between city and county zoned property, and provide for a more logical and orderly extension of the city Limits. Policy XU:-2 The city shall incorporate vacant land only after a showing that land of similar qualities does not already exist in the city Limits, or if annexation is necessary to alleviate a probable public health hazard. This policy asserts that annexation of land is appropriate in order to alleviate a likely public health hazard. The applicant's have submitted a letter from Lee Korner, owner of Roto-Rooter, in which he explains that the current septic system is at the end of its life expectancy and that hooking up to city sewer would be the best option. The Council believes it is in the best interest of both Ashland and Jackson county residents to remedy this potential health concern. consequently, the Council finds the request for _ annexation to be in conformance with Policy XII-2. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning commission concludes that the proposal for Annexation of approximately 2.7 acres is supported by evidence contained in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve planning Action #90-195. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #90-195 is denied. The following are the conditions and they are attached to the approval: 1) That if Planning Action #90-195 is appealled to the Oregon State Land Use Board of Appeals (LUBA), that the city of Ashland will not participate in the defense of such appeal. Dated this ~~C day of February, 1991. / (I , ' ' '- 4;; ;: -' 1/ Attest: /' :~~//:~ ///~---::-;(AJ:: (.__~i... Nan E. Franklin, city Recorder e__., / ~;Jv;~~ Catherine M. Golden Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on wednesday, January 2, 1991 at 7:30 P.M. in the civic Center Council Chambers, 1175 E. Main street, on the following matter: Annexation and zone change for property located Road. zoning from Jackson County RR-5 to City P. Assessors map no. 39-1E-13C tax lot 2300. and Ward, Applicants) at 209 Crowson of Ashland R-1-10- (Giordano, Wagner All interested persons are hereby called upon to appear at said hearing to express their views. written comments will also be received at the office of the city Recorder, Ashland city Hall, during business hours until 5:00 P.M. on Wednesday, December 26, 1990. By order of the City-Council ~ -j --------- / _____ / ,(1 . _-y /C~ '.oJ _/--<,,,,-<;.-;::-!-.t('r-~- Nan E. "Franklin city Recorder PUBLISH: Daily Tidings December 17 and 24, 1990 POST: 4 public places December 17, 1990 ORDINANCE NO. ;(GVF/ AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON; SETTING A PUBLIC HEARING DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; DIRECTING PUBLICATION OF NOTICES AS REQUIRED BY ORS 222.524; AND DECLARING AN EMERGENCY. (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The city of Ashland finds that the owners of the property described in Exhibit "A" attached hereto and by this reference incor- porated herein have consented to the annexation of said land to the City of Ashland. The Council further finds that there are two electors residing in the proposed annexation. SECTION 2. The submitting of the question of the annexation is hereby dispensed with and a Public Hearing is hereby called at the Council Chambers, civi,c Center, 1175 East Main street, Ashland, Oregon, on January 2, 1991, at the hour of 7:30 P.M., at which time all persons may appear and be heard on the proposed annexation. SECTION 3. Pursuant to ORS 222.524 a Public Hearing shall be held on January 2, 1991, at 7:30 P.M. in the Council Chambers, civic Center, 1175 E. 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 Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 4. In order to schedule a public hearing in a timely manner, the public interest requires that an emergency be declared and this Ordinance shall take effect on its passage and approval by the Mayor. The foregoing Ordinance was first read on the 4th day of December, 1990 and duly PAS'SED and ADOPTED this 18th day of December, 1990. (J ,,/~'" --"-;/~?:::.c~ ~ //!' .!UL~J![-?C- Nan E. Franklin City Recorder SIGNED and APPROVED this /y~ day of December, 1990. /~/ .. '-)'/0 /f, ,</ C~AZL-.~/,"".z,l .....:><../~~c-'-.. Catherine M. Golden Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Wednesday, January 2, 1991 at 7:30 P.M. in the civic Center Council Chambers, 1175 E. Main street, on the following matter: Annexation and zone change for property located at 209 Crowson Road. Zoning from Jackson County RR-5 to city of Ashland R-1-10- P. Assessors map no. 39-1E-13C tax lot 2300. (Giordano, Wagner and Ward, Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. written comments will also be received at the office of the City Recorder, Ashland City Hall, during business hours until 5:00 P.M. on Wednesday, December 26, 1990. By order of the City-Council , -:~~ J -~:, , if, /- Nan E.Franklin City Recorder PUBLISH: Daily Tidings December 17 and 24, 1990 POST: 4 public places December 17, 1990 APPLICATION AND CONSENT TO ANNEXATION For the purpose of applying to the City of Ashland to hsve our land annexed to that City, we represent that we are the legal Owners of record, or the contract purchasers pursuant to a recorded contract, of the following-described land located in Jackson County, Oregon: Assessor's Map No. 391E13C, Tax Lot 2300. We hereby request and consent to the annexation of the above-described land to the City of Ashland; and, in exchange for the scheduling of a public hearing and in consideration of this request by the City of Ashland, we agree thst this consent to annexation shall be nonrevokable. We further agree to pay the systems development annexation charge set forth in Section 4.16.010 of the Municipal Code for each square foot of land sought to be annexed to the :ity of Ashland as a fair and just contribution toward the cost of existing municipal improve- nents and utilities that may benefit the land; said payment to be made to the City of Ashland 1t the time the land is annexed, or when either water or sewer services are furnished to the land at our request, whichever occurs first. We agree that this agreement shall be binding upon our heirs and assigns. SIGNATURE: qf~~ c:s ~ PRINTED NAMy<i u Y7' P ,>' B c:::; 777 " 771 , / '" //. ~ SIGNATURE: (fA-,?v'Y .h7,,?/, /J--'YM~ PRINTED NAME: IINN1l /111e' ,'SP'?;'7/1 DATED: t+-/~ 9/ SIGNATURE: PRINTED NAME: 3TATE OF OREGON ) ) :OUNTY OF JACKSON) ss. BE IT REMEMBERED that on this ,he undersigned, a Notary Public in and Ii thin named 1\" ""." {], 5./h , T A d .u of OJJJ..1 J 19JI, before me County ~nS-St~te, personally appeared the (rrJn~~ /h<)p ,lJh,'T/l . and , who are known to me to be the identical individuals and who executed the within instrument, having acknowledge to me that they same freely and voluntarily. -ch q day for said lescribed in ,xecuted the IN WITNESS WHEREOF I have hereunto set my hand and seal the day and year last .bove written. OffiCIAl. SEAl . BARBARAJ.HI1ZELBERGER NOTARY PUBUC . OREGON . " COMMISSION NO. lI03404 MY COMMISSION EXPIRES JAM. 25. 11l9S (<, ru L,~^_;) / I: * I (' [AP"'":'V\. Notary Public of gon '..J Q My commission expires: /. )S' -- .".'')'