HomeMy WebLinkAboutSanchez/Bonin Annexation
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CITY ~VSHLAND 03973
Receivedfro4~-:,a-.'1' &. rz~c7 ~Date .:i'b//'7C)
For ~-K..L-/-..-,!z.,.~ ~ - 6~ // . Cash / 0 '
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By
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JacKson (gunty litle
Division of Continental Land Title Company
Escrow No: IA-39982 mb
File Name: LIBERTY - BONIN
Prop. Add: 295 TOI11AN CREEK RD
Armexation fees
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PLEASE DETACH BEFORE PRESENTING FOR PAYMENT
375 Lithia Way, Suite 3 - P.O. Box 550
ASHlANO, OREGON 97520
Check No.
18460
1,142.86
Total:*******1.142.86
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OFFICE OF THE SECRETARY OF STATE
BARBARA ROBERTS
SECRETARY 01' STATF
July 26, 1989
Ci ty of Ashl and
City Hall
Ashland, OR 97520
Dear Nan E. Franklin:
PUBLIC RECORDS DIVISION
JANET M. SULLIVAN
DIRECTOR
143 STATE CAPITOL
SALEM, OREGON 97310-0722
ADMINISTRATIVE RULES - (503) 378-4339
NOTARY PUBLIC - (503) 378~4724
PUBLIC RECORDS - (503) 378-2971
UNIFORM COMMERCIAL CODE - (503) 378-4146
Please be advised that we have received and filed as of July 25, 1989, Ord.
No. 2516, annexing territory to the City of Ashland.
Our filing number is AN 1989-0074.
Si ncerely,
"-KQt~~ (~.QfVfuLv
Robin L. Zelmer
Official Public Documents
cc: Jackson Co. Clerk
~emnrandum
July 6, 1989
~~
Nan
Franklin, John McLaughlin, Steve Hall
Jim 01'00, As,t. city Eogioee~~
Bonin/Sanchez Annexation
~ront:
~~
A revised description and survey map has been provided for
the Bonin/Sanchez Annexation and has been attached to or~inance
no. 2516, 2517 and 2518, however, the preliminary description
entitled LA-36249 and lacking a surveyors stamp is still attached
to some of the ordinances. Please remove this description from
all ordinances used in connection with this annexation. The only
description to be used is that as provided by Everett Swain.
Annexation fees shall be as follows:
Zone
Rate
Area
R-2 (multi-family)
$0.0601 per square foot
19,016 square feet
TOTAL FEE = 19,016 x $0.0601 = $1,142.86
.
LA-36249
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Commencing at a 5/8" iron rod sitJate~'6t'the<"'southeast corner of that
tract described in Exhibit 'A' in that deed recorded as No. 86-~9956 of
the Officia1 Records of Jackson County, Oregon, said iron rod bears North
78.45'23" West 3435.60 feet from the corner common to Sections 11, 12, 13
and 14 in Township 39 South: Range 1 East of the Wi11amette Meridian in
Jackson County, Oregon, thence North 00.04'09'" East, a10ng the wester1y
right of way 1ine of T01man Creek Road, 331.14 feet to a 3/4" x 30"
ga1vanized iron pipe situa'ted at the beginning point of ,that Boundary
Line estab1ished by Agreement recorded as No. 87-22821, said Officia1
Records, for the true point of beginning; thence, 1eaving said wester1y
right of wax 1kn~'~d a10ng said boundary 1ine by agreement, North
88.101~l.!> 1{es"t ;J.9~.,i!95 feet to a found 1" diameter threaded iron b01t or
ax1e s t~the6c~ continuing a10ng said boundary 1ine by agreement,
South 0 31"':4"5" West 92.35 feet to a found 5/8" iron rod being common to
that boundary 1ine by agreement last hereinabove referred to and that
boundary 1ine established by Agreement recorded as No. 86-19955, said
Officia1 Records; thence, a,10ng the 1ast said boundary 1ine by agreement,
South 00.19'18" West 8.44 feet to a 5/8" iron pin; thence, continuing
a10ng said boundary 1ine, East 194.99 feet to a 5/8" iron pin situated in
the wester1y right of way of said Tolman Creek Road; t\erjt:'7""NQr'!;h <~"
00.04' 09" East, a10ng said wester1y right of way, 94. 6~,,4e~t ):0/ tile '/'point
of beginning. , '" ,.<,' ',' IV
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(Code ,5-12, Account #1-11486-3, Map #391EIIC, Tax Lot #1100)
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CONSUlTING SURVEYOR
Oregon. Washington
Area Code 503
48:;1.4318
$
SWAIN SURVEYING, INC.
27112 North Main Street
Ashland, Oregon 97520
ANNEXATION DESCRIPTION
Commencing at a 5/8 inch iron rod situated at the Southeast
corner of that tract or parcel of land set forth in Exhibit 'A' in
that document recorded as No. 86-19956 of the Official Records of
Jackson County, Oregon, said rod bears North 78 degrees 45 minutes
23 seconds West a distance of 3,435.60 feet from the corner common
to Sections II, 12, 13 and 14, Township 39 South, Range 1 East of
the Wil1amette Base and Meridian, Jackson County, Oregon;
Thence North 00 degrees 04 minutes 09 seconds East along the
Westerly right of way line of Tolman Creek Road, as said road has
been resurveyed, monumented and set forth on Recorded Survey Nos.
5613, 8604, and 9812 a distance of 331.14 feet to a 3/4 inch
galvanized iron pipe situated at the beginning point of that
Boundary Line by Agreement as set forth in Document No. 87-22821
of the Official Records of Jackson County, Oregon and being the
TRUE POINT OF BEGINNING;
THENCE leaving said Westerly right of way line, North 88
degrees 10 minutes 55 seconds West along that boundary line by
agreement as laat referred to hereinabove, a distance of 194~295
feet to a found 1 inch diameter threaded iron bolt or axle shaft;
THENCE South 00 degrees 31 minutes 45 seconds West a distance
of 92.35 feet to a found 5/8 inch iron rod situated in that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon;
THENCE South 00 degrees 19 minutes 18 seconds West along that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon a distance of
8.44 feet to a found 5/8 inch iron rod;
THENCE East along said Boundary Line by Agreement last
referred to hereinabove, a distance of 194.99 feet to a 5/8 inch
iron rod situated in the Westerly right of way line of Tolman
Creek Road, aa hereinabove set forth;
THENCE leaving said Boundary Line by Agreement North 00
degrees 04 minutes 09 seconds East along the Westerly right of way
line of said Tolman Creek Road a distance of 94.62 feet to the
point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land.
Said property contains 0.4365 acres, more or less.
Hark Sanchez and Daryl Bonin
1275 Neil Creek Road
Ashland, Oregon 97520
June 23, 1989
ref: DB 1351.leg
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C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482~3211
July 21, 1989
Secretary of State
State Capital
Salem, OR 97301
Dear Sir
The city of Ashland has approved annexation of certain
contiguous territory to the city of Ashland (Bonin/Sanchez
Annexation).
Enclosed are the following documents:
1. A copy of Ordinance No. 2516, annexing the area.
2. A copy of Ordinance No. 2517, 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,
~u ~~"L~/~
Nan E. Franklin
city Recorder
NEF /td
Enclosures (3)
Bonsanl
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. Ordinance No. 2506, dispensing with an election.
3. Ordinance No. 2516, annexing the territory.
4. Ordinance No. 2517, withdrawing annexed real property
from Jackson County Fire District No.5.
5. Legal description and map.
6. Notice of posting.
The above items are copies of originals filed in my
office and they are correct, true and complete transcripts.
Dated the ~9/d day of ~~ ' 1989.
~. L, ~eP~"-
Nan E. Franklin, City Recorder
city of Ashland, Oregon
Subscribed and sworn to before me this 2/Ci.;L day of
fj1( 1?
, 1989.
~~L- 11. t2h~~~~'
Notary Pulic for Oregon
My Commission expires: V-v- '1 ()
1-~;!f(;~lL.l?~~=lJ
i ~o:' !~.\ ~ L /\I~:::V:\.'\N I
1 NOTAlz", P~;:UC- OREGON
! My (omrn;ss:on [):p:res_.____~{..-9() .
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C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 21, 1989
state of Oregon
Department of Revenue
Assessment and Appraisal Division
Salem, OR 97301
Dear Sir
The city of Ashland has approved annexation of certain
contiguous territory to the city of Ashland (Bonin/Sanchez
Annexation).
Enclosed are the following documents:
1. A copy of Consent to Annexation.
2. A copy of Ordinance No. 2506, dispensing with an
election.
3. A copy of Ordinance No. 2516, annexing the area.
4. A copy of Ordinance No. 2517, withdrawing annexed real
property from Jackson County Fire District No.5.
5. A legal description and map.
6. Notice of posting.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
----)/
'-.~~ <:? d.-' ;C-7 ...,...,/ c-< . ---
--
Nan E. Franklin
city Recorder
NEF /td
Enclosures (6)
bonsan3
state of Oregon
County of Jackson
)
) ss.
)
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 May 23, 1989, 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 st.
243 E. Main st.
Siskiyou Bv. & Gresham st.
I further depose
were posted 15 davs
and say that the attached notices
prior to June 6. 1989
Q~_>t ~?-Ic~~:<--
Nan E. Franklin
subscribed and sworn to before me this ,J/Jf day of
1f-cIr-/-
f/
, 1989.
d.~ 71. t2/:h/1~~
Public for Oregon
My Commission expires:
L/ U - f 0
. /
I ~1~~<?f;({(~~??3c~~_
!;O~-JL\ ll. /\V(:;~.,',\,\tl
NOTARY PLl:Ur,.:.- {:Ji:C(;,OH
My Commi:;!,:on [;;pifGS.. _ _.~-fL__-f ~.____
'""_"'_"n.,.'.,_" '.-","",'" . .. ~.,~~,_'......__~.~ .~,,~. "W
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. 2516, annexing the territory.
2. Ordinance No. 2517, 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 .~/~ day of
CJ ---7
(~~_c ~d"i&~
Nan E. ranklin, City Recorder
city of Ashland, Oregon
, 1989.
Subscribed and
It !fie/-
. ()
sworn to before me this ,; /Y day of
, 1989.
dr)i.t'I-/ /L, ((fecund. ,,,j
Notary, blic for Oregon
My Commission expires:
./- {, - '/ 0
1____:drly~?(:-.4~:~ em "
-j :3chi". H. !\IJ:RMM.!
".r 1.' f\ . -'j .,",. 1"-. '.1.1":,......r\l\.1
1'0 {,,,, I"T" """,L-1",I.
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'---_/
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 21, 1989
Jackson County Assessor
Courthouse
Medford, OR 97501
Dear Sir
The City of Ashland has approved annexation of certain
contiguous territory to the City of Ashland (Bonin/Sanchez
Annexation) .
Enclosed are the following documents:
1. A copy of Ordinance No. 2516, annexing the area.
2. A copy of Ordinance No. 2517, 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,
/~--) -~
l~ ':;;:;44L--~~'---
Nan E. Franklin
city Recorder
NEF /td
Enclosures (4)
bonsan6
CITY
o F
ASHLAND
.0"00'"
'~'~~ 0' AS;;ii...
, " " 1-
1,.<~, ,0)
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C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 21, 1989
Jackson County Clerk
Courthouse
Medford, OR 97501
Dear County Clerk:
The city of Ashland has approved annexation of certain
contiguous territory to the city of Ashland (Bonin/Sanchez
Annexation) .
Enclosed are the following documents:
1. A copy of Ordinance No. 2516, annexing the area.
2. A copy of Ordinance No. 2517, 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, "
(") d r
,..~ ;:;p,......4/e~~
Nan E. Franklin
city Recorder
NEF/td
Enclosures (3)
bonsan4
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482.3211
July 21, 1989
Jackson County Surveyor
Courthouse
Medford, OR 97501
Dear Sir
The city of Ashland has approved annexation of certain
contiguous territory to the city of Ashland (Bonin/Sanchez
Annexation) .
Enclosed are the following documents:
1. A copy of Ordinance No. 2516, annexing the area.
2. A copy of Ordinance No. 2517, 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,
1
~-77 , .d --:;;~,,"'/.;~
/' / .. _,_<..7"""'" ~P-'
Nan E. Franklin
city Recorder
NEF/td
Enclosures (3)
Bonsan2
CONSUL TlNG SURVEYOR
OrtRon. Wuhlnllon
-$
SWAIN SURVEYING,INC.
27'11 North M~ln Sheet
A.hl~nd, Ort8on 97520
ANN E X A T ION DES C RIP T ION
AruCodeSOJ
482.4]18
Commencing at a 5/8 inch iron rod situated at the Southeast
corner of that tract or parcel of land set forth in Exhibit ~A~ in
that document recorded as No. 86-19956 of the Official Records of
Jackson County, Oregon, said rod bears North 78 degrees 45 minutes
23 seconds West a distance of 3,435.60 feet from the corner common
to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East of
the Willamette Basc and Meridian, Jackson County, Oregon;
Thence North 00 degrees 04 minutes 09 seconds Eaet along the
Westerly right of way line of Tolman Creek Road, as said road has
been resurveyed, manumented and set forth on Recorded Survey Nos.
5613, 8604, and 9812 a distance of 331.14 feet to a 3/4 inch
galvanized iron pipe situated at the beginning point of that
Boundary Line by Agreement ae Bet forth 1n Document No. 87-22821
of the Official Records of Jackson County, Oregon and being the
TRUE POINT OF BEGINNING;
THENCR leaving said Westerly right of way line, North 88
degrees 10 minutes 55 seconds West along that boundary line by
agreement as last referred to hereinabove, a distance of 194.295
feet to a found 1 inch diameter threaded iron bolt or axle ahaft;
THENCE South 00 degrees 31 minutes 45 asconds West a distance
of 92.35 feet to a found 5/8 inch iron rod situated in that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon;
TlmNCR South 00 degrees 19 minutes 18 seconds West along that
Boundary Line by Agreement as Bet forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon a distance of
8.44 feet to a found 5/8 inch iron rod;
11lliNCR East along said Boundary Line by Agreement last
referred to hereinabove, a distance of 194.99 feet to a 5/8 inch
iron rod situated in the Westerly right of way line of Tolman
Creek Road, as hereinabove set forth;
DIENeE leaving said Boundary Line by Agreement North 00
degrees 04 minutes 09 aeconds East along the Westerly right of way
line of said Tolman Creek Road a distance of 94.62 feet to the
point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land.
Said property contains 0.4365 acres, more or less.
Hnrk Sonehoz and Daryl Donin
1275 Neil Creek Road
Ashland, Oregon 97520
JWle 23. 1969
ref: DB 1351.leg
ORDINANCE NO. ,;?d/0
AN ORDINANCE OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS
AREA TO THE CITY OF ASHLAND, OREGON AND PROVIDING FOR AN
EFFECTIVE DATE. (BONIN/SANCHEZ 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.
q~(<2__
~.<~
C-}d'&v'_ J, ;{~Jch~~'
Nan E. Franklin
City Recorder
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 on the &?71~day of
, 1989, and duly PASSED and ADOPTED this ~~o ~ day of
, 1989.
SIGNED and APPROVED this ~/~day of
q.~~--
~ ;2A0~
Catherine M. Golden
Mayor
, 1989.
;',':"
CONSULTING SURVEYOR
Oregon - Washington
Area Code 503
482-4318
-~
SWAIN SURVEYING, INC.
27% North Main Street
Ashland, Oregon 97520
ANN E X AT ION DES C RIP T ION
Commencing at a 5/8 inch iron rod situated at the Southeast
corner of that tract or parcel of land set forth in Exhibit 'A' in
that document recorded as No. 86-19956 of the Official Records of
Jackson County, Oregon, said rod bears North 78 degrees 45 minutes
23 seconds West a distance of 3,435,60 feet from the corner common
to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East of
the Willamette Base and Meridian, Jackson County, Oregon;
Thence North. 00 degrees 04 minutes 09 seconds East along the
Westerly right of way line of Tolman Creek Road, as said road has
been resurveyed, monumented and set forth on Recorded Survey Nos.
5613, 8604, and 9812 a distance of 331.14 feet to a 3/4 inch
galvanized iron pipe situated at the beginning point of that
Boundary Line by Agreement as set forth in Document No. 87-22821
of the Official Records of Jackson County, Oregon and being the
TRUE POINT OF BEGINNING;
THENCE leaving said Westerly right of way line, North 88
degrees 10 minutes 55 seconds West along that boundary line by
agreement as last referred to hereinabove, a distance of 194.295
feet to a found 1 inch diameter threaded iron bolt or axle shaft;
THENCE South 00 degrees 31 minutes 45 seconds West a distance
of 92.35 feet to a found 5/8 inch iron rod situated in that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon;
THENCE South 00 degrees 19 minutes 18 seconds West along that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon a distance of
8.44 feet to a found 5/8 inch iron rod;
THENCE East along said Boundary Line by Agreement last
referred to hereinabove, a distance of 194.99 feet to a 5/8 inch
iron rod situated in the Westerly right of way line of Tolman
Creek Road, as hereinabove RA~ fn~~h,
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Ordinance No. 2426
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ORDINANCE NO. ::/,,5;/'7
AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN
RECENTLY ANNEXED REAL PROPERTY FROM JACKSON COUNTY FIRE
DISTRICT NO. 5 (BONIN/SANCHEZ 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).
75"'-
The foregoing Ordinance was first read on the ~day of
9 ~__-?L-e.-
(=--)-<-c~<- e_
, 1989, and duly PASSED and ADOPTED this ~O~day of
1989.
{~?Fi:L f:, --Z:/~</d,->'c-
Nan E. Ftanklin
City Recorder
SIGNED and APPROVED this ~/~t day of
9=~~
, 1989.
~~~~~
Catherine M. Golden
Mayor
CONSULTING SURVEYOR
Oreg~" - Washington
Area Code 503
482.4318
SWAIN SURVEYING, INC.
27% North Main Street
Ashland, Oregon 97520
ANNEXATION DESCRIPTION
Commencing at a 5/8 inch iron rod situated at the Southeast
corner of that tract or parcel of land set forth in Exhibit 'A' in
that document recorded as No. 86-19956 of the Official Records of
Jackson County, Oregon, said rod bears North 78 degrees 45 minutes
23 seconds West a distance of 3,435.60 feet from the corner common
to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East of
the Willamette Base and Meridian, Jackson County, Oregon;
Thence North 00 degrees 04 minutes 09 seconds East along the
Westerly right of way line of Tolman Creek Road, as said road has
been resurveyed, monumented and set forth on Recorded Survey Nos.
5613, 8604, and 9812 a distance of 331.14 feet to a 3/4 inch
galvanized iron pipe situated at the beginning point of that
Boundary Line by Agreement as set forth in Document No. 87-22821
of the Official Records of Jackson County, Oregon and being the
TRUE POINT OF BEGINNING;
THENCE leaving said Westerly right of way line, North 88
degrees 10 minutes 55 seconds West along that boundary line by
agreement as last referred to hereinabove, a distance of 194.295
feet to a found 1 inch diameter threaded iron bolt or axle shaft;
THENCE South 00 degrees 31 minutes 45 seconds West a distance
of 92.35 feet to a found 5/8 inch iron rod situated in that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon;
THENCE South 00 degrees 19 minutes 18 seconds West along that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon a distance of
8.44 feet to a found 5/8 inch iron rod;
THENCE East along said Boundary Line by Agreement last
referred to hereinabove, a distance of 194.99 feet to a 5/8 inch
iron rod situated in the Westerly right of way line of Tolman
Creek Road, as hereinabove set forth;
THENCE leaving said Boundary Line by Agreement North 00
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ORDINANCE NO. ,;)5/ !i
AN ORDINANCE AMENDING ORDINANCE NO. 2052, THE LAND-USE
ORDINANCE OF THE CITY OF ASHLAND AND SECTION 18.12.030 OF
THE ASHLAND MUNICIPAL CODE, TO RE-ZONE CERTAIN PROPERTY
FROM JACKSON CO. RR-5 TO CITY OF ASHLAND R-2
(BONIN/SANCHEZ ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 2052 and section 18.12.030 of the Ashland
Municipal Code, are hereby amended by rezoning from Jackson County
RR-5 (Rural Residential) to city of Ashland R-2 (Multi-Family
Residential) the property described in Exhibit "A" attached hereto,
and made a part hereof.
The foregoing Ordinance was first read on the 10 ~, day of
SL~~
\ ~ u,'-"-- ..
, 1989, and duly PASSED and ADOPTED this C::?O -('I:.' day of
1989.
c /:~ ~L - f :;::vH/lL_~
Nan E. Franklin
City Recorder
SIGNED and APPROVED this ,;{ I d day of
Cf~< "
#-7'~~~
Catherine M. Golden
Mayor
, 1989.
~'-'" c,
COI"SUL TIN::; SURVEYOR
Oregon - Washington
Area Code 503
482.4318
-$
SWAIN SURVEYING, INC.
27% North Main Street
Ashland, Oregon 97520
ANNEXATION DESCRIPTION
Commencing at a 5/8 inch iron rod situated at the Southeast
corner of that tract or parcel of land set forth in Exhibit oAo in
that document recorded as No. 86-19956 of the Official Records of
Jackson County, Oregon, said rod bears North 78 degrees 45 minutes
23 seconds West a distance of 3,435.60 feet from the corner common
to Sections 11, 12, 13 and 14, Township 39 South, Range 1 East of
the Willamette Base and Meridian, Jackson County, Oregon;
Thence North 00 degrees 04 minutes 09 seconds East along the
Westerly right of way line of Tolman Creek Road, as said road has
been resurveyed, monumented and set forth on Recorded Survey Nos.
5613, 8604, and 9812 a distance of 331.14 feet to a 3/4 inch
galvanized iron pipe situated at the beginning point of that
Boundary Line by Agreement as set forth in Document No. 87-22821
of the Official Records of Jackson County, Oregon and being the
TRUE POINT OF BEGINNING;
THENCE leaving said Westerly right of way line, North 88
degrees 10 minutes 55 seconds West along that boundary line by
agreement as last referred to hereinabove, a distance of 194.295
feet to a found 1 inch diameter threaded iron bolt or axle shaft;
THENCE South 00 degrees 31 minutes 45 seconds West a distance
of 92.35 feet to a found 5/8 inch iron rod situated in that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon;
TIIENCE South 00 degrees 19 minutes 18 seconds West along that
Boundary Line by Agreement as set forth in Document No. 86-19955
of the Official Records of Jackson County, Oregon a distance of
8.44 feet to a found 5/8 inch iron rod;
THENCE East along said Boundary Line by Agreement last
referred to hereinabove, a distance of 194.99 feet to a 5/8 inch
iron rod situated in the WARt.At" 1 v t" i ",ht-. "of ""A" 1 i n~ ~T 'l'~ 1 ---
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ORDINANCE NO. ,;($2)~
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.
(BONIN/SANCHEZ 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 no electors
residing in the proposed annexation.
SECTION 2. The sub~itting of the question of the annexation is hereby
dispensed with and a Public Hearing is hereby called at the Council
Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on June
6,1989, 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
June 6, 1989, 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 "B" 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 2nd day of May, 1989 and
duly PASSED and ADOPTED this I&zhday of ~ 1989.
(. =-;;;?;J~ / ;;;;~JL:"".~
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
/ '? ~ day of May, 1989.
~~
Catherine M. Golden
Mayor
"EXHIBIT A"
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public
hearing on June 6, 1989 at 7: 30 P.M. in the civic Center Council
Chambers, 1175 E. Main Street, on the following sUbject:
1. Proposed annexation, withdrawal from Jackson County Fire
District No.5, and rezoning of property located at 295 Tolman
Creek Road, comprised of tax lot 1100 of assessor's map no.
39 IE 11C and containing 0.44 acres. (Daryl Bonin/Mark
Sanchez, Applicants)
All interested persons are hereby called upon to appear at said hearing
to express their views either for or against the above proposal.
Written conunents ,will also be received at the office of the City
Recorder, Ashland City Hall, during business hours until 5:00 P.M., June
1, 1989".
By order of the City Council
~/?U ? :t:<LbL'~
Nan E. Franklin
City Recorder/Treasurer
PUBLISH: Daily Tidings
May 23 and 30, 1989
POST: 4 Public places
May 23, 1989
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EXIIIJ3-I;:i,' "B'!
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LA-36249
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Commenc~ng at a 5/8" ~ron rod s~tuated at the southeast corner of that
tract descr~bed ~n Exh~b~t 'A' in that deed recorded as No. 86-19956 of
the Official Records of Jackson County, Oregon, sa~d ~ron rod bears North
78"45'23" West 3435.60 feet from the corner common to Sect~ons 11, 12, 13
and 14 in Townsh~p 39 South,' Range 1 East of the Willamette Meridian in
Jackson County, Oregon, thence North 00"04'09" East, along the westerly
r~ght of way l~ne of Tolman Creek Road, 331.14 feet to a 3/4" x 30"
galvan~zed ~ron p~pe s~tua-ted at the beginn~ng po~nt of that Boundary
L~ne establ~shed by Agreement recorded as No. 87-22821, sa~d Official
RecordS, for the true point of beginning; thence, leav~ng said westerly
r~ght of way l~ne and along said boundary l~ne by agreement, North
88"10'55" West 194.295 feet to a found 1" diameter threaded ~ron bolt or
axle shaft; thence, cont~nu~ng along sa~d boundary l~ne by agreement,
South 00"31'45" West 92,35 feet to a found 5/8" iron rod being common to
that boundary line by agreement last hereinabove referred to and that
boundary l~ne establ~shed by Agreement recorded as No. 86-19955, sa~d
Off~c~al Records; thence" along the last said boundary l~ne by agreement,
South 00"19'18" West 8.44 feet to a 5/8" ~ron p~n; thence, cont~nu~ng
along said boundary l~ne, East 194.99 feet to a 5/8" ~ron pin situated in
the westerly right of way of sa~d Tolman Creek Road; thence North
00"04'09" East, along sa~d westerly right of way, 94.62 feet to the point
of beg~nn~ng.
(Code.5-12, Account #1-11486-3, Map #391E11C, Tax Lot #1100)
APPLICA1WN AND CUNSillH 'I'U ANNEXATION
For the purpose of applying to the City of Ashland to have 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:
SEE ATTACHED
EXHIBIT "A"
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 that this consent to annexation shall be
~onrevokable.
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
City of Ashland as a fair and just contribution toward the cost of existing municipal improve-
Dents and utilities that may benefit the land; said payment to be made to the City of Ashland
lt the time the land is annexed. or when either water or sewer services are furnished to the
land at our request. whichever occurs first.
DATED:
We agree that this
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agreement shall be bindin~ upon our heirs and assigns.
,1 I
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SIGNATURE: (Jl. __Ii {\ {::Jr"", c "
PRINTED NAME: TJtH'" I K .h("coi,)
I 'l
SIGNATURE: /'t?1d/)) ;~. ~.tL~
PRINTED NAME: M.f-Itk 4. ....<;t;.;c'J..If?-
SIGNATURE:
PRINTED NAME:
3TATE OF OREGON )
)
COUNTY OF JACKSON) ss.
-;::>,~ Q~ c:
BE IT REMEMBERED that on this;)O day Of-r"'-JL 198/' before me
the undersigne~~ a Notary Public i~ and for said County and State. personally appeared the
Jithin named UCUo.tf L k" &Y'h~__ . )",,,,, ~ /J x1"-T'-~ 1C<:j . and
- --, who are known to me to be the identical individuals
lescribed in and who executed the within instrument, having acknowledge to me that they
,xecuted the same freely and voluntarily.
IN WITNESS WHEREOF I have hereunto set my hand and seal the day and year last
,bove written.
f) -< -I-'~ ""~ A . '-jJ~
Notary Public of Oregon
My commission expires:
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LA-36249
EXHIBIT A
Commenc~ng at a 5/8" ~ron rod s~tuated at the southeast corner of that
tract descr~bed ~n Exh~b~t 'A' in that deed recorded as No. 86-19956 of
the Off~c~al Records of Jackson County, Oregon, said iron rod bears North
78"45'23" West 3435.60 feet from the corner common to Sect~ons 11, 12, 13
and 14 ~n Townsh~p 39 South, Range 1 East of the Willamette Meridian in
Jackson County, Orp.gon, thence North 00"04'09" East, along the westerly
right of way line of Tolman Creek Road, 331.14 feet to a 3/4" x 30"
galvanized ~ron pipe situated at the beginning point of that Boundary
Line established by Agreement recorded as No. 87-22821, sa~d Official
Records, for the true paint of beginning; thence, leav~ng said westerly
right of way l~ne and along sa~d boundary line by agreement, North
88"10'55" West 194.295 feet to a found 1" diameter threaded iron bolt or
axle shaft; thence, continuing along said boundary line by agreement,
South 00"31'45" West 92.35 feet to a found 5/8" iron rod being common to
that boundary line by agreement last hereinabove referred to and that
boundary l~ne established by Agreement recorded as No. 86-19955, said
Official Records; thence" a,long the last said boundary line by agreement,
South 00"19'18" West 8.44 feet to a 5/8" iron pin; thence, continuing
along said boundary line, East 194.99 feet to a 5/8" iron pin situated in
the westerly right of way of sa~d Tolman Creek Road; thence North
00"04'09" East, along said westerly right of way, 94.62 feet to the point
of beginning.
(Code 5-12, Account #1-11486-3, Map #391E11C, Tax Lot #1100)
BEFORE THE CITY COUNCIL
CITY OF ASHLAND
June 6, 1989
IN THE MATTER OF PLANNING ACTION #89-044, REQUEST FOR )
ANNEXATION AND ZONE CHANGE FOR APPROXIMATELY .42 ACRES )
AT 295 TOLMAN CREEK ROAD. PROPOSED ZONING TO BE R-2. )
ALSO A REQUEST FOR A SITE REVIEW FOR A SEVEN UNIT )
APARTMENT COMPLEX. )
APPLICANT: DARYL BONIN AND MARK SANCHEZ )
FINDINGS,
CONCLUSIONS
AND ORDERS
--------------------------------------------------------
RECITALS :
1) Tax lot 1100 of 391E 11C is located at 295 Tolman Creek Road and the
proposed zoning is R-2; MUlti-Family Residential.
2) The applicant is requesting Annexation and Zone Change for
approximately 0.42 acres. Also a request site Review for a seven-unit
apartment complex. site improvements are outlined on the site plan on
file at the Department of Community Development.
3) The criteria for approval for an Annexation are found in Chapter
18.108.190 and are as follows:
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.
The criteria for approval of a site Review are found in Chapter 18.72
and are as follows:
A. All applicable City ordinances have been met and will be met by the
proposed development.
B. All requirements of the site Review chapter have been met.
C. The site design complies with the guidelines adopted by the city
council for implementation of this chapter.
4) The City Council, following proper public notice, held a Public
Hearing on June 6, 1989, 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 City Council of the City of Ashland finds, concludes
and recommends as follows:
SECTION 1. FINDINGS
1.1 The City Council hereby incorporates by reference the Staff
Report noted as "Exhibit A", the findings submitted by the
applicant noted as "Exhibit B", the site Plan submitted by the
applicant noted as "Exhibit C" and the minutes from the public
hearing on this proposal held on June 6, 1989, noted as "Exhibit
Oil.
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 proposal for Annexation and
Zone Change for approximately 0.42 acres meets all relevant
criteria of the Annexation Chapter 18.108.190. Further, the request
for site Review approval for a 7-unit apartment complex meets all
criteria found in the site Review Chapter 18.72.
Due to the fact that this parcel is surrounded by the City on all
sides, the Council believes that the annexation of this parcel
represents a logical and orderly extension of the city's boundary.
All services are available to the site, including sewer, water,
electric and fire protection. The applicant's findings indicate
that they have contacted the Ashland School District and were
informed that this parcel lies within the Bellview School District.
The findings also state that William Moore, Deputy Superintendent
of the Ashland School District, commented that in the near future
the parcel would probably be rezoned to the Walker School District.
Recent estimates concerning the availability of multi-family zoned
land within the city indicate that approximately 9.35 acres exist.
Adding the pending annexation of a 0.5 acre parcel on Siskiyou
Boulevard would bring this total to 9.85 acres, still below the 5-
year inventory of 13 acres recommended in Ashland's Comprehensive
Plan.
The City Council believes that the applicant's proposal complies
with Ashland's site Design Guidelines in the layout of the
apartment complex. The parking area has been located to the side
and rear of the buildings, private yards and/or decks have been
provided for each unit along with a semi-private recreation space
for all tenants. Further, buildings have been oriented for solar
access and pedestrian access to the street has been provided.
2.3 The Council hereby adopts the applicant's findings as
submitted.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this
matter, the city Council concludes that the proposal for
Annexation and Zone Change for approximately 0.42 acres, and site
Review for a 7-unit apartment complex is supported by evidence
contained in the whole record.
Therefore, based on our overall conclusions, and upon the proposal
being subject to each of the following conditions, the Council
approves Planning Action #89-044. Further, if anyone or more of
the conditions below are found to be invalid, for any reason
whatsoever, then Planning Action #89-044 is denied. The following
are the conditions and they are attached to the approval:
1) That a survey be completed by a registered surveyor, including
a certified description of the property, prior to the first reading
of the ordinance by the city Council approving the annexation. Such
survey to include the adjacent rights-of-way.
2) That all easements for sewer, water, electric and streets be
provided as required by the City of Ashland.
3) That all requirements of the Ashland Fire Department, including
hydrant, be met prior to the issuance of a building permit on the
property.
4) That the applicants pay the Systems Development Annexation Fee
prior to the issuance of a building permit on the property. Fee to
be approximately $1,150.
5) That the applicant sign in favor of future improvements to
Tolman Creek Road.
6) That all road cuts and driveway culvert installations be done
under permit from the Jackson County Department of Public Works.
7) Recommend that the units be built to the City of Ashland Energy
Efficient Standards.
",>
8) That the storm drainage plan for the development be capable of
connecting to the City's future system.
9) That the proposed 20' wide driveway be constructed with an
asphalt surface. The applicant may use grass crete for the 5 spaces
located on the west portion of the parcel.
10) That an irrigation system be installed for all landscaped
areas.
11) That one street tree be installed per 30' of street frontage.
12) That a sign permit be obtained prior to the installation of
any signs.
13) That the applicant sign in
district for the construction
intersection of Tolman Creek Road
favor of a local improvement
of a traffic signal at the
and Highway 66.
~ed,~
Mayor
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Date
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City Re order
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