HomeMy WebLinkAboutB.D. Greene Annexation
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\TDN AND CONSENT TO ANNE'- "ION
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 purcha~ers
pursuant to a recorded contract, of the following-described land located in Jackson County,
Oregon: '
SEE EXHIBIT A ATTACHED HERETO
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 consider-
ation non-revokable for a period of three (3) years from its date.
We further agree to pay one cent (l~) for each square foot of land sought to be
annexed to the City of Ashland as a fair and just contribution toward the cost oi existing
municipal improvements and utilities that may benefit the land; said payment to be made to
the City of Ashland at the time the land is annexed, or when either water or sewer services
are furnJshed to the land at our request, whichever occurs first.
At the time the land described herein is annexed to the City of Ashland, we
agree to pay to the City of Ashland an amount sufficient t.o enable it to withdraw this
land from all public service districts as defined by ORS 222.510 and to which it may belong
so that this shall be at no present or future expense to the City of Ashland. With respect
to eaeh sue!l public servic2 district th~t, nt the time of annexation7 has 0utst2nding lia-
bilities UJ.: inGebtecI."2ss, we shail pay to tne City or Ashland an amount equal to the pre-
ceeding year's assessment for such indebtedness multiplied by the number of years remaining
on such indebetedness.
We agree that this agreement
DATED:
([2d
~
1971_
shall be binding upo~ our hei~ ~~SignS'
SIGNATURE: ~~ d/ ~<?~~
PRINTED NA}fE: BILLY . GREENE
SIGNATURE:~j7tJ~
PRINTED NAME: GLAD L. GREENE
Contract Purchasers
SIGNATURE:
PRINTED NAME:
STATE OF OREGON )
County of Jackson)
BE IT REI1EMBERED that on thiso?~day of D~A ./ , 197.i, before
me the undersigned, a Notary Public in and for said County and State, personaliy appeared
the within named BILLY D._ GREENE XXXXXXXXxx1CKXnxxxXXXXX1Cll:X
and GLADYS L. GREENE __ who are known to me to be the identical individuals
described in and who executed the within instrument, having acknowledged to me that they
ex~cuted the same freely and voluntarily.
SSe
IN WT'niESS WHEREOF I hav2 hereunto set my hand and seal the day and year last
above writte"..
~_aLu
!';o~::u.Y Public .;.'~r Oregon
My commission expires :~;,o-/q~rL---
EXHIBIT "A"
LAND DESCRIPTION
A tract or pa,-cel of land situated in the South\'lest quarter of Section 32, Township
38 South, Range 1 East and the lIorthwest quarter of Section 5, TO'.'iI1,hip 39 South,
Range 1 Fast of the ,'!i11al,;ette Base and r~<:ridian, Jackson County, Ol-egon and being
lilore fully desuibed as fo1101'IS:
Commencing at a 1 inch galvanized iron pipe l'lith a bronze cap sitllated at the section
corner COllllllon to Sections 31 and 32, TOI'lIlship 38 ':.outh, Range 1 East and Section 5
and 6, Township 39 South, Range 1 Fast of the WillJmette Base and Meridian, Jackson
County, Oregon; thence f:unh 88013'28" Fast, 521.56 feet to a found 5/8 illch iron
pin established in the course of Recorded Su,-vey No. 3782 and being a point in that
~oundary line by agreement as established thl-ough the exchange of Quit-Claim deeds
recorded as Doclllllent No. 68-06504 and Document No. 68-08262 of the Official Records
of ,Jackson County, On'gon said pin being the T,-ue Point of Beginning; thence
South 64'05';>6" East, 949.03 feet to a 5/8 inch-Troll"Ili"n s'ituated in the \.Ipstel'ly
l-ight of l'lay of C<:dar "ily; thence South 23"40'00" \'est (need Record South 23"30'
flest) along said right of l'lay, 192.435 feet to a 5/8 heh iron pin; thence leaving
said right of I'lay North 70"47'58" I,.'est, 99.34 feet to a 5/8 inch iron pin; :hence
SUlith 25'22'1:2" \-ie'lt, 145.90 fpet to a 5/8 inch il^On pin situdted in the lIortheasterly
ri~ht of "Iay of Ashlalld :.:ine Road, as '.did r-oiJd has IJocn (:,tablished from existing
found IIIOI,UITI<'l1tation; thence I~orth 7004i''58'' "cst along soid ,'ight of ":ay, 794.55
feet to a 5/8 illch iron pin situi1ted in that boulldary line by agrpe,;rellt as i,ereillabove
refel'red to; U,ence leaving said ,'ight of I-lay North 16054'04" Fast alon9 said
lJoulldary line by ag"eoment (Deed Record North 17000'00" cast, fJ48.27 feet) .148.135
feet to the point of beginning. Containing 7.96 Acres, I"o"e or le'.s.
Sllbject to any and/or easement and/or rights of way of "eco,'d dnd thw,c apPdrcllt
on the land.
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,c,- /uUO< 1"<''':ocT 0 3 REC'D '
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In the
Ci rcuit ,.. .........eomt of the State of Oregon
.2t'....ILL~ ',- z ~;. .t_..::' /'Z~
/"'4/1'''' /",,'/,:/; ,-11,
for the County oLm..,Jac1,SOIL...nnm.'...,m.
B. D. GREENE and GLADYS GREENE,
fiusJ)iifid..'aifd...i\ii'fe.;.................................,..................................................,.................,..........
.....n................~.....................,~....._nn........................................._...._..........................................._....n......._..
......_......._......................................n.........................._...__....._.._...........__n................_~............_..............._....__
VS.
WALDENE TERRY, NAN FRANKLIN, GARY PRITCHETT,
C;ORlJONnMtDA:lnS;....JAMr.:S..~mfS..;..DONnr;A:WS..;..JAMESnn..n.....................,......
RAGLAND....iiiidnDEAWPHELPS';....................d................d.......n.d......,..........................
.....__.n............_n......_h.._......___.__..__.._..__.........._..................__._.__......___...._____...._......_..__......................._........_.
Plaintiff
fo'JI.fIO'NT- '1
No........ '..n..........
SUMMONS
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.............. ........nn.._ ...n...................._.n............_......_..._............_.................._.............._. .........__. .......____........ .
N F k 1 . Delendant
, an ran in
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..................h.....__._._...._.....____..__..____._..__....._.._........n.......____._.____................._.._.......___._............_...
.......... ........... .-..... --.. ..-.--. ---..---.-- .--..--------.----. .---- --. ...-.....-.. --.-. .-- .--.. ..-..--. -.-. ......--- .--.....-.--.. ...... ..---.. -.--... --......-- --._ .-. ......____. __Defend (1nt.. ......
You are hereby required to appear and defend the compl~1int filed against you in the above entitled action
within thirty (30) days from the date of service of this summons upon you. and in case of your failure to do so, for
want thereof, pJaintif/(s) will (1pply to the court for the relief dem~1nded in the complaint.
NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFUllY!
You must "ap\lCar" in lhi!'l rasc or the other side will win automali-
cally. To uapp('ar I you Illll!'lt fiJ~ wit.h the COllrt a legal papPI" cali<'d a
"molion" or "uns\\'('I'," The "motion" 01' "answer" must he giv{~n to the
court clerk or administrator within :W days along- with ih(' rcquin'cJ
filing- fee. It mllst be in propel' form and have proof of service on the
plaintiff's attorney or, if the plaintiff does not have an attorney,
proof of service upon the plaintiff.
If you have any questions, you should see an attorney immediately.
ls.LRic,ha.r.d".C..". C o t.tl.e. "
SIGNATURE OF ORF.GON RESIDENT ATTORNLY
Richard C. Cottle
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'TYPE; OR PRINT NAME OF RESIDENT ATTORNEY
STATE OF OREGON;
County of .....""Ja,cks,Qn ""'d''''''''''''''''''''''''''''''''''''
1,- the undersigned ~1ttorney of record for the ph,inti If, certify th
of the original summons in the above entitled action.
} ss.
ATTORNEY OF RECORO FOR PLAINTlFF(SI
TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS: You are IlerelJy directed to serve a true
copy of tl1i5 summons, together witl1 a true copy of the compl.1;nt melltiolled therein, upon the il1dividua/(s) or other
leg(11 ent;ty(ies) to whom or which t1tis summons is directed, and to make your proof of service on the.,everse he.reof
or upon a separate similar document which YOll shaJ/ attach hereto.
Post office address at which papers in the above entitled action
may be served by llIuil.
/l;L..Ri..c:.I1.Cl r cl,l:.'mGo.1:.t 1 e
ATTORN.EYISl FOR PI.....INTlFFlSI
.c.Q.t.tJ.~...JI9.\~.~.Q.L.(i...C!J~..,)\):t.9..mu!?................
607 Siskiyou Blvd.
P..O."..B.Qx...6,Z?.. ,,,....,,.,,. n,._.......m"...........m.................,
Ashland, Oregon 97520
.(.5.0 3J..4 81.~.16. 21. ,.. 'n .".....".. .... ,.................. m""'''''''
NAME. POST Of"FI(';E ADURESS AND TFLEPHONE. NUMBER
PAGE I-SUMMONS
fORM No. 190--ClRCUIT OR DISHICT COURT SUMMONS
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COTTLE. HOWSER
a CUE
I co, SISIt.~OU BOULEVARD
'.0.80ll. 12.7
A5HLAND, OR 97520
flliO"oIA'.,I'l',
1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JACKSON COUNTY
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B. D. GREENE and GLADYS GREENE,
husba~d and wife,
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WALDENE TERP..Y, NAN FRANKLIN, GARY )
PRITCHETT, GORDON /.lEDARIS, JMIES SIMS,)
DON LAWS, JMlES RAGLAND and DEAN )
PlIELl'S, )
)
CERn
Plaintiffs,
No. 80-
vs.
DECLARATOP..Y JUDGMENT
(Suit for Injunction)
Defendants.
Plaintiffs allege:
1. That this is a
12 to decide an issue actually in controversy.
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2. That plaintiffs are husband and wife and are owners of
14 that land that was annexed on Hay 5, 1980 by Ordinance #2078 by
15 the City Council of Ashland, Oregon, commonly known as the Greene
16 Annexation, a copy of which is attached as Exhibit "A" and incor-
17 porated herein as a part hereof.
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3. That defendant Gary Pritchett is the mayor of the City
19 of Ashland, Oregon. l~at defendants Gordon Medaris, James Sims,
20 Don Laws, James Ragland, and Dean Phelps arc members of the City
21 Council of Ashland, Oregon:
22
4. That the proposea ordinance referred to ahove was con-
23 sidered and passed with appropriate findings of fact by the
24 Citizens Planning. Advisory Committee by a six to one vote on
25 November 14, 1979.
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5. That the proposed ordinance referred to above was con-
DECLAllATORY JUDGtlENT
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1 sidered and passed with appropriate findings of facts by the
2 Planning .Commission of the City of Ashland by a seven to one vote
3 on Novcmbcr 15, 1979.
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6. That on the 2nd day of September, 1980, Resolution 80-48
5 was passed by the City Council of Ashland that, by thc refcrendum
6 process, referred to the voters of the City of Ashland the question
7 of the repeal of Ordinance '2078 by Special Election on the 4th
8 day of November, 1980. A copy of said resolution is attached as
9 Exhibit ."B" and incorporated herein as a part hereof.
10
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7. That defendant Nan Franklin, in her capacity as City
Recorder of the City of Ashland, on Septembcr 3, 1980 certified
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the resolution to the Jackson County ~lerk for placement on the
13 ballot.
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8. That defendant Waldenc Terry is the County Clerk for
15 Jackson County and is in charge of the conduct of all elections
16 in Ja.ckson County.
17 9. That it is the contention of plaintiffs that:
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(a) The adoption ?f Ordinance No. 207S was a quasi-
19 judicial act by the City Council of Ashland and is not subject
20 to referendum.
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(b) That the defbndant Waldene Terry should be enjoined
Ordinance No. 2078 is repealed, that said Election and the repeal
of Ordinance No. 2078 bc dcclared to be null and void and that
COTTLE. HOWSER
a CUE
I e01 SISkIYOU 80ULEYARD
'0 O. lOX 1127
ASHLAND. OR 97520
I'O~U AIfl2.262 I
DECLARATORY JUDG~IENT
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1 Ordinance No. 2078 be declared to be in full effect as if no
2 election had taken place.
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10. That it is the contention of defendant Waldene Terry
4 that she has no personal interest in the matters as alleged by
5 plaintiffs, but desires only to perform her duties in ~ccordance
~ with the law, as so directed by this Court in resolution of this
7 controversy.
8
11. That it is the contention of defendants Franklin,
9 Pritchett, Nedaris, Sims, Laws, Ragland, and Phelps that they have
10 no personal interest in the matters alleged by plaintiffs, but
11 desire only to perform their duties in accordance with the law,
12 as so directed by this Court in resolution of this controversy.
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12. That plaintiffs have no adequate remedy at law.
WHEREFORE, plaintiffs pray for a decree :
1. Declaring that Ordinance No. 2078 is not subject to the
17 referendum laws of the State of Oregon; and
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2. Enjoining defendant Waldene Terry from submitting to the
19 voters of the City of Ashland that ballot measure as proposed in
20 Resolution 30-48; or
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3. In the alternative, in the event the election is held
22 prior to resolution of this issue, declaring that the Election
23 and any repeal of Ordinance No. 2078 is null and void and that
24" Ordinance No. 2078 is in full effect as if no election had taken
25 place.
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COTTLE. HOWSER
II CUE
. C07 SISKIYOU 'OULEVARO
".O.'Olll27
ASHLAND. OR 97520
'503) 48'-.21521
DECLARATORY JUDGMENT
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1 4. Granting such other relief as the Court may deem iust
2 and equitable.
3 Respectfull~ submitted,
4 COTTLE, HOWSER & CUE
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By: R,C-f.lFJIC--O {!. C'bT7'-~
Of Attorneys forpliilntiffs.---
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COTTLE. HOWSER
a CUE
t07 SISKIYOU 80Ul.EYAIlD
,. O. lOX 112.1
ASHLAND. OR 97520
Uo:,. UZ.2621
DECLARATORY JUDGMENT
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ORDINANCE NO. .:?t:J7?
AN ORDINANCE OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS
AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN
EFFECTIVE DATE. (B.D. Greene Annexation)
, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
...
SECTION 1. The following land 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, and described as follows:
Commencing at a found 5/8 inch iron pin situated at the intersection of
the Northeasterly right of way of Ashland Mine Road, as said right of way
has been established from existing monumentation, and that boundary line
established in the course of Recorded Survey No. 3782 and being a point
in that boundary line by agreement as established through the exchange of
Quit-claim Deeds recorded as Document No. 68-06504 and Document No. 68-06282
of the Official Records of Jackson County, Oregon, said iron pin bears
South 44005'10" East, 568.96 feet from the section corner common to Sections
31 and 32, Township 38 South, Range 1 East and Sections 5 and 6, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon;
thence South 70047'58" East (deed record South 71 East) along said right of way,
170.00 feet to the True Point of Beginning; thence leaving said right of way,
North 16054'04" East, 110.00 feet; thence South 700.47'58" East and parallel to
Ashland Mine Road, as set forth hereinabove, 600.84 feet; thence North 33002'30"
East, 245.82 feet; thence South 64005'26" East, 50.03 feet, more or less ,to a
point in the West boundary line of the Northeast quarter of the Northwest quarter
of Section 5, said Township and Range; thence South 00035'55" East along said
West boundary line, 364.28 feet, more or less, to a point in the Northeasterly
right of way of Ashland Mine Road as set forth hereinabove; thence North 70047'58"
West along said Northeasterly right of way, 828.30 feet to the point of beginning.
Containing 2.7 acres, more or less.
SECTION 2. Upon the effective date of this OrdinancEl, the City
Recorder, in accord with ORS222.170, is hElreby 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 landowners
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
1980, and duly PASSED and ADOPTED this {.~, day
#..
the /5 - day
of :n><'L-'~
of
t:2%i>-:' f
19 O.
{)~/!' i ~d'"" ~;-
Na E. ran in
City Recorder
SIGNED and APPROVED
this 7'd.. day of >;;.~/;
\\ I;)
'----\k"-<' ''-/Ij1-'\: (Hi.
'a~es M. Ragland
ayor (Acting) /
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}~.80~ /
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EXHIBIT "A"
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Affidavit
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I, Nan E. Franklin, City Recorder/Treasurer of the City
of Ashland do hereby certify that the foregoing is a
true and correct copy of Ashland Ordinance No .0l67f? as
finally adopted by the City Council at a regular meeting
held on May 6, 1980.
, Dated this (pic'- day of June, 1980
, 5b-,d ~ :;z; .t/~M;"
Nan E. Franklin
2., '. _...- City Recorder/Treasurer
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llESOLUTION 110.' ff(.J..;jf
A m:f,Or.,UTION l$)nmr.:mG '1'0 THE VOn::R5 Or' 'mE ere:.: OF .1\.SHr,U~D 'rIlE
Qur:S'l'ICN Or' 'l'HE REPEJ\T. OF THE orm:m.1'.NC:C M1NEX:WG 'rm:: B.' D, Glmrmr:: X,I,llD
TO 'rIm CI'J:'Y OF l\SIlt,;,:'H) 'ro BJ': VO'l'ElJ UFO?-: M' 1\ 1~X':i:Cn.r, EL1::cr:cml HEPJ~rN
CALLED AJW 'ro BE lIEL)) Ol~ 'l'lIE 4TH Dl'.Y OF NOVEI.umlt, 1900.
DB IT llliSOLVED BY THE CITY OJ!' 1\SH1\1'.}l"D,. <tS follows: .
......
. pECTION 1. By the rofm:0~du!l1 l?)~OCCSf.; thcre :i.rJ hereby
rofCl:1:ca. to the V01:.()rs of tho Ci t.y of h::;hlrmd, t:11'~ question of \'lhe the!:
or not to tcpaal OrdinallC~ No. 2070 vlh:lch i.mn",~{(:,c1 cm:'l:u5.n l....n<1 to tho
. . City of AshhmJ knOi-ln 1l.S tho D. D. Gl:ccn~ .1Ulld Hnd t.ho f",:.l1m-d.119 BalJ.ct
Ti \,;1", fo,: the Pl:opor.'(-:rl l,mRnm:e is ht!):Cf.b~r adopt.otl 1<11<'1 apFi:Q\TC<.'J. am1 the
follo',d.ng RX'e the nul lot 'ritle unci fOl:m .in \'/h:kh f.:;,~id m':!,"tl\l:r:'c sh"l.l
nppcur upon the nutlot ut s.-l.u CPCC:tDJ, !:;1oction:
. .
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: 1.1)~}\SUR.G sunr-U'l'~~ED TO 'rHB VO~l':CHS BY lInE n..EFBP.l.:;~~J)Ui_{ PROCJ:;!38
.
.
.
!1f.1.:r:k '::?:.1I in tht:! r.quUl:O or tho ar:(E.\'l(~r vot~(Hl f(n:~. '
:'Vtt1"ll IIXI;~5n OR 'NOli.
':'_5 2 ,_PJ~1'l~i\X. 01" TIlE
. . . LI~NDc> .
. .
.
or;DII~l!HCg l\;l{t:im:r.I~G
GitKENE
!
2078 (13. D. G:':Cel10 Annc)(<\ticil) . be
I.cBI~~
B.n.
.
. Sil1\11 Onl:i.lIlll1CC
.
. 1:01':;: I'Ilcd.?
:
Ho.
. Yj~G
L:._..:)'
vo
L.....~I
:
I
.
'T\sh:ta.rdt OJ:<ii.nance lIo. 2078 (the n. D.
. certaIn lund to the c.i.t:y of ABhl<:\!l.d.
::t"couJ.t ill that land not being 'anneJ:ed
.
G"~^'n~ l"ll'..,v~tJ' Ol'l) '\"''''''''''C:
J..\:.'... '.. I,J.. ,1,0",;.:",,,(4, . ' (..!J ..':.-;\.;" .
l"'l[u.r;~.\g'c of t.h:Ls r:~~.!.:~~Al~70 ..;i:Ll:
to the Cit.y of lH;hl,u1d. :
;
I
,
,
"'\: !?.ECJ'J:Ol~. 11. special Electio:1. in and for the City of A~~hl1md
is h'''):Gby c;tlled and o:.:'dered to be hf,ld :1.1'1 and' fo;: saicl City 0::\11 t.l~I.~'
4th duy of November, 19BO.
. .' g~'l':C.Qll_~~ 'fhat tho BI:'.me persons shall SOl:-ve a~ Cha.i.n:,(,n
and CJ.erks for oiJid Spocial Elec\::l.6n 119 !!Cl:V'O <1!> Cl!ll.irl\\~m (~nc1 Clr:.~:J:s
for the GCllc:t"al Hl.ec'tion held at thr.l fJllll1n timo und on the 8ill1\.2. day:
that the !:c5pective polling pli;c'~s limfully des;t,gnil.t;ed fm: the sa::.d
GenCl:al Electicll are hereby (ksignatcd n~ the vot;ing pl<lc~G for sa5.d
Special Elc(;tion: polls will be open fr.om ll:OO a.m. to ll:OO p.m. on
tho date hm:oin set forth for lw.id EJ.ecd.c.n.
~C~~Q!'1 4.. 'I'hat: tl,o Ci t.y R'!cm:cler if; lW:'::Qby l;'('.qt\Cntcl:: imd
directed to givo due notico of said Speed.al Blcc\:iOll as p:co",dc1<,d in
-1- Resolution no. f?-sf,?
EXHIBIT "]3"
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tha ChurtCl: of tha City of l'.shland, Ot:c>.Hon, and the genel:':]. lu\'IU of: the
Stuta of Oregonl that is to !ll!.y, notice of the cu.IU.ng o:E llllid Dlcction,
the time al\d places for voting nnd the Ballot Title !lhnllbc pu1]1i:::hed
in th<;l Duily 'l'idillgo, a nev/spaper of gc;ncral 01rou1/1tion pr:l.ntacl Uli(l
published in said city, at loast oneo ten (10) dayu pr.io:!: to the cintH
fb:a<.1 her.cia for hol.ding said Election, and such Notice GhalJ. bt. pORted
. in at lcaat four (4) publio placeD in th0. City of ',[:hlancl and alr;o D,t.
eClchof the."Polling places not loss t:han ten (10) clai'D P:C:LOl:' to the
dato o~ suid Election.
. .:.. The fo:ccgoing Resolution ,,,afj duly passed at 11 .regulnl:: lne'~t;Lng
of \:h(~ Citj' Counc5.i of; the: Ci ty of ],shlnli,\i, O:z:o<)o;.l., on the J :,,---k.;,y of
Sepl:(;;fnber, 1980, by the folloVli.ng vob,,: hYN11 1 , Httyn-;-- / .
. Dated thi.s.'?~'i<:.y of Scpt:cmbG!l:r .J.9 ,-.- - (12' --
liP)' ROVF. ~ .
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FINDINGS AND ORDERS OF THE ASHLAND CITY COUNCIL
FOR THE MEETING OF APRIL 15, 1980
With tr.e adoption of these Findings of Fact and ConclusLons
presented, the action taken on each application herein is
so ordered as of the date of signature.
DONE and DATED this &~day of
~M-1
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. 1980,
4d__4LU~~
in, Recor er Treasurer
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PLANNING ACTION #79-130
ANNEXATION, ZONE CHANGE, & SUBDIVISION
B. D. GREENE
APPLICANT'S STATEMENT OF ULTIMATE FACTS AND BASIC FACTS IN SUPPORT:
1. See attached Findings and Orders of the Ashland Planning Commission
for its meeting of November 14, 1979 labeled Exhibit "A", which are
incorporated in the F,indings and Orders of the City Council as if
set forth in full herein.
2. See attached letter from B. D. Greene dated December 14, 1979 labeled
Exhibit "B" relative to LCDC Administrative Rules on City Annexations
IV B-1 and 2.
STAFF INPUT:
The City Administrator read a Planning Commission memo dated December 11,
1979 recommending approval'of the application and asked that: the Staff
Report dated November 14, 1979 consisting of two pages; the Findings and
Orders dated November 14, 1979 and consisting of six pages; Findings
originally submitted by B. D. Greene, applicant, and LCDC Administrative
Rule on City Annexation be made a part of the record of this hearing.
Planner Fregonese summarized the application for the eleven lots, two of
which have houses on them and were included in order to be guaranteed water
services.
RELEVANT COMMENTS FROM THE PUBLIC HEARINGS AND CITY COUNCIL DISCUSSION:
1. Applicant B, D. Greene reviewed the application saying that the prop-
erty is surrounded on three sides by the City and that the development
would make a good addition to the City.
2. Norman Svenson, 1249 Ashland Mine Road expressed concenl for ultimate
effect on Ashland Mine Road because of increased traffic generated by
the development and as it is, his car drags going out of his driveway.
Svenson said he could use Norton Street but it would be inconvenient.
3. Public Works Director Alsing said the street is County-owned and many
of the driveways have encroached the right-of-way and will need to be
improved and said that such improvement could be designed and property
owners could have a part in it. Alsing said we will want to find some
middle ground and there will have to be some compromise and said he
could bring somethi.ng back before too long. Alsing added that the
County would help financially.
4. Sims asked Alsing about distribution facilities and if there would be
problems with the water lines, Alsing said that a study is underway
at this time to look at future needs of water service and that it's
adequate at this time.
5. On Phelps question as to condition of Cedar Way and Ashland Mine Road,
Alsing said Ashland Mine should be classed as an arterial street
36 ft. in width.
6. On future development of the water service needs Almquist said a ~on-
sultant has been asked to consider developmental needs. Sims said
the adjoining properties should be considered in the annexation so
all property owners could share in the expense of water and other
services. Systems development costs were discussed and. Council agreed
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that fees etc. must be looked into. Fregonese agreed with need to
plan for developMent costs.
7. Phelps questioned the need for the annexation and said the documents
look like any other documents and the findings don't give the informa-
tion necessary to base decision on. Phelps said there are 340 develop-
able acres already within the City which would take care of the City's
needs for a number of years.
8. Mayor Prickett took issue with Phelps' information relative to avail-
able land saying that it is. only developable if it is on the market at
a price someone can afford and that vacant land doesn't necessarily
~~ke it developable land.
Laws moved that Council approve annexation and conditions recorded by Plan-
. ning Commission and accept findings with documents submitted tonight and
that Staff be directed to draw up the necessary papers and that Mr. Greene
be refunded his second check; Medaris seconded. Sims moved to amend motion
to include 9 lots in expenses of water mains etc., needed to further dev-
elop immediate area; Phelps seconded. On the amendment, Phelps, Sims, Rag-
land, Medaris and Hamil ton voted YES. Laws opposed. On thE! original motion,
Phelps, Sims, Ragland, Medaris, Laws and Hamilton all voted YES on roll call
vote. Motion passed as amended.
CONCLUSIONS OF THE CITY COUNCIL:
The City Council concluded that the applicant adequately met the required
burden of proof in support of the assertion of ultimate facts; and that
the basic facts presented by the applicant, Staff, and persons speaking
at the public hearing were sufficient reasons in support of the ultimate
facts and City Council approval of Planning Action 79-130, subject to the
seven (7) conditions recommended by the Planning Commission, and the addit-
ion of the following conditions:
"8. That the developers and subsequent purchasers of the nine (9)
new lots being created agree to participate in the costs
of providing adequate water service to the remaining acreage
included in the original annexation request (8 acres, more or
less), and that this agreement be recorded to run with each
lot so that future purchasers are aware of such requirement.
9. That the annexation consist of only the 11 lots, comprising
approximately 2.2 acres."
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FINDINGS AND ORDERS OF THE ASHLAND PLANNING COMMISSION
FOR THE MEETING OF November 14, 1979
With the adoption of these Findings of Fact and Conclusions
as presented, the action taken on each appl ication herein
is so ordered as of the date of signature.
DONE and DATED this ;.;?~ day of
])FC-EH:BF.12.
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, 1979.
<...-Y ,q j /7
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~ Wenker, Chairman
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Plf..NNING ACTION #79-139
:ANi-lEXATIO;1, ZOl1E CHfJiGE, & SUBDIVISION
B.D. GREENE
'APPLICANT'S STATEMENT OF ULTIMATE FACTS AND BASIC FACTS IN SUPPORT:
See attached.
"
STAFF INPUT:
:"AppJicant is proposing an annexation of approximately 8 acres located north of Ashland
Mine Road and west of Cedar Way. County zoning is Rural Residential-S and applicant
is requGsting a zone change to R-1:B-8. Approximately 2.2 acres adjacent to '
Ashland Mine Road and Cedar ~Iay are being proposed to be subdivided into nine-lots.
All these proposed lots ~fould have access from either Cedar ~Iay or Ashland Mine Road
and the subdivision is not proposin9 the creation of any new streets. The annexation
as proposed would leave a sma I I portion of property near Cedar Way out of the City
but surrounded on all sides by 1-he City. Staff has checked ~Jith the City Attorney
on the legality of"this and he indicated that It would be legal to do this, but the
City would have to include that portion as a forced annexation Vlhich could occur
at a IMordate.' Appl icant has submitted an overall development plan for the
entJ.J:e..e i ght acres l'lh i c', wou! d i nc I ude the creat i on of t~IO new streets but th is Vias
submi'lied fot' infonnational pucposes. He is only requesting an annexation and zone
Change for the rernain ing 'property.
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Pub I i c \'Iorks )1a5 I o~ked at the proposa I and the vari ous corresponi:J8nce concern i ng
this'planning'action has been Included with this staff report. It seems that there
may O(,t' be nrl~'quate ~:a+er supp I y to serve the subd i v Is i on but the City ~ri II not knO\'I
this t;,Ji il wi) h8Qr,9ack from the consulting firm doing the City's \%ter System Plan.
Hopof':,lly fhis i;r~')pnation wi II be avai lable in ,ime 1(W the publ ic hearing.
Publ ic \~orks h.oS i1lso recommended, howev8r, 1hat the existing water main cannot be
extended beyond the existing main and tho,-eforc,1'he entire annexation could not be
served \Virh Vlater. Because it'is not good policy to annex land which cannot be servod,
51,",: f \Vou I d recommend that if ad9quate 1':a1'Cl- ex is ts to serve the proposed subd i vis i on
(2.2 ,,-.-;.es) that only that area be ,,)..nexed and not the entire 8.0 acres.
TlI",-:' ,[>:,licaJ1~'s fi'nd~~1t;> Indkate that electricity \;Quld be served by Pacific POI'IG:'
a!"j L i srthivo_,; il!1T ',h,~, C', ty 's [I ectr I c Depa rtment has i nd i cated that the serv i ce
mU5tco~+rc-~'The CiTY and ,not Pacific Power and Light. '
App I icant I s find i ng'; have adequate I~' addressed the S1 atG" i de P I ann i ng Goa I s \.h i ch
is requ i ['cd in an Cl'1nexat i on. HOI.CVGI-, the i r conten t i on that il"equate pub I i c
fac i lit ies ex i st to serve the en t i ,-e area is not the case. The City cannot serve
the entin, 8 acres, but may be able to sOl-ve the pro[1osp.d subdivision (2.2 acres).
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Page 2
RElEVANT COMMENTS FROM THE PUBLIC HEARINGS & COMMISSION DISCUSSION:
Wandersche i d gave the sta ff report. stat i ng the app Ii cclnt
.is proposing an annexation of approximately 8 acres located north
of Ashland Mine Road and west of Cedar Way. County Zoning is
Rural Residential-5 and appl icant is requesting a Zone Change
to R-l:B-8. Approximately 2 acres adjacent to Ashland Mine Road
and Cedar \~ay are being proposed to subdivided into 9 lots. All
of .these proposed lots are to have access from either. Ceda\- \~ay
or Ashland Mine Road and the subd.ivision is not proposing any
creation of any new str~~ts. The annexation as proposed wi I I
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leave a sma I I portion of property near Cedar Way out of the
City, but surrounded on al I sides by the City. Staff has!
checked wi th the City Attorney on the I ega I i ty of th is and' he
indicated that it would be legal to do this, but the City would
have to include that portion as a forced annexation which could
occur at a later date. Appl icant has submitted an overal I
development plan for the entire 8 acres which would include
the creation of two new streets, but this is submitted for
informational purposes only. He is only requesting an annexation
and zone change for that remaining portion of the pl'operty. Public
~9rks has looked at the proposal and the various correspondence
concerning the planning action was included in the staff report.
... . At the ti me the staff report was wri tten, there was a quest ion
as to whether there was adequate water to serve the 9 lots. The
City staff has heard back from the City consulting firm this
afternoon and they indicated there would be no problem with
serving the proposed 9 lots off the existing 'later main in
Ashland Mine Road. Public Works has also recom~ended, however,
that the existing water main can not be extended beyond the
current main and therefore the entire annexation could not be
served with water. Because it is not a good policy to annexation
land which can not. be served, the staff would recommend that if
adequate water exists to serve the proposed subdivision, that only
that area shou I'd be annexat i on and not the ent ire 8.0 acres.
Also applicant's findings indicate that electricity would be served
by Pacific Power and Light, but the City electric department
has indicated that the service must come from the City and not
from Pacific Power and Light.
He further stated that under the procedural section, the appl icant's
findings have adequately addressed the State Wide Planning Goals
'which is required in an annexation, however, their contention that
adequate publ ic faci lities exist to service the entire area is not
the case. The City can not serve the entire 8 acres, but may be
able to serve the prorosed subdivision which is 2 acres. He also
pointed out that CPAC at their November 14th meeting voted 6-1
with 1 abstention, to recoffi'llend to the Planning Com,nission the
annexation of the 2.2 acres if adequate water supply is avai lable
and including the susgested staff conditions with the exception
of a sidewalk Cedar ~ay. CPAC was concerned about the condition
of Ashland t!'ine Road and suggested as a possible solution to the
street development and the maintenance problem, the feasibi lity
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PAH79-130
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of a joi nt City-County assessment d i stri ct be researched and
consid0red as an alternative. He then went over the suggested
staff cond i t ions. They be i ng that the app I icant sign in
favor of future street improvements including sidewalks on
Cedar Way and Ashland Mine Road; that provision of sewer service
be to the satisfaction of the City Public Works Department and
that any necessary easements be provided; that slope and utility
easements be provided on Ashland Mine Road and Cedar Way; that
any additional right-of-way for Cedar Way be provided to the
satisfaction of the City Public Works Department; that the
subdivider's engineer coordinate with Jackson County and the
City of Ashland Public Works Departments for the design of
future grades for Ash I and r~i ne Road and that the deve loper
design driveways and approaches to match the future street grades
and curb locations; that street trees be provided on 30' centers
along Cedar I'lay and Ashland ',line Road, existing tre~s can be
substituted in areas where 'they exist; and that the,usual bond,
agreements, etc. for J nsta II at i on of improvements be requ ired.
,He then pointed out that he had checked with Publ ic Works concerning
,', how many peop I e on Asl:ll and '~i ne Road had been requ i red to sign an
, agreement, and he found that no one else had been requ i red to s i !In
in favor of future improvements. He then explained on' the blackboard
'the prabl'em with the driveway grades on the south side of the road
and the fact that the peop I e who are located on the south side o'f
the road had their driveways located within the County right-of-way.
He pointed out that staff did not agree Idth CPAC's recommendation
and staff bel ieved that the appl icant shou.ld be required to sign .
for both s i dewa I ks on,Ash I and Mi ne Road and Cedar Vlay.
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'B.D. Greene, appl icant, stated he was surrounded on 'three sides
by the City, that there was a subdivision across the street, that
the property was not good for farming, that it was suitable for
homes i tes; -that the p-roposed zon i ng agreed with the Cornprehens i ve
Plan, and that he bel ieved it,would be an asset to the area by
, add i ng nice }~.omes. " ,.
Doris Clements, 1176 N. Main, stated she was 'in favor of the
subdivision, however, she was concerned about the condition of
Ashland Mine Road and the corner of North II,ain.
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Gordon Swenson, 1249 Ashland I-line' Road, stated that his
major concern was not in the addition of the new houses but
,
the fact that he wanted to be assured that the new grade
wou I d not cut of f access to his dr i veY/ay. He stated i t ~Ias
very steep now and any lowering of the grade of the road would
make his driveY/ay even steeper yet.
Shap i ro asked l'landersche i d about the road. Vlandersche i d
stated that the City wi I I not take 1'1' 'In unt'l I
it is brought
up to City standards and it would not be improved unti I 51%
of the property owners were wi I I ing to sign in favor. At that
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Page 4
time an assessment district could be formed and it could be paved
to City standards and thEm become a City street. He stated that
this is much the sawe problem that we have on Tolman Creek Road,
and the pav i ng prob I em had come up ~Ihen the P I ann i ng Commi ss i on
had approved Summer Winds Subdivision.
One of the reasons was that the applicant would be
required to sign in favor and it woulcJ be a step 'in the right
direction of getting the road improved. He felt that if it
was left for the County to get it improved, it would probably
'stay in much the condition that it has for al I these years.
Shapiro asked if the driveways on the south side of the road
could be protected. Vlanderscheid stated yes, he bel ieved that this
was an engineering prob'lem that although the driveways should not have
been bui It in the right-of-way, he thought by moving the pavement
further to the north but keeping it on the existing right-of-way
and fi I I ing somewhat would eliminate the problem of excessive grade
in the drive-ways on the south side of the road.
Greene, applicant, stated 'that Ashland Mine Road has been
designated as an arterial in the City Comprehensive Plan, therefore,
it could, be eligible for county funds which would pay for 25% of
the paving which Vlould, in effect, reduce the amount that the
citizens would have to pay as the assessment district.
Shapiro ,asked about Goal 3, the agricultural goal, and if we
should get information from the County substantiating that the
property ~Ias not su i tab I e for farming. I'landersche i d stated that
since Vie did not have an approved plan, that particular question
needed to be answered, but he bel ieved that the slope was such
that the property would not qual ify for agricultural land., He
also doubted very much Vlhether LCDC would tell the City to
shrink down the size of their Urban Growth Boundary because
it appeared that all of the land within the Urban Growth Boundary
was necessary for future growth Vlithin the City.
Wenker asked Wanderscheid if it was possible to guarantee
to the residents that the road would not cut off the access to
their driveVlays. Wanderscheid stated he knew of no Vlay to guarantee
it, but he felt confident that the engineers could design a road
that Vlould be acceptable to the people that lived up there.
Shapiro felt that this particular problem Vias sorn"thing that was
not going to go away; it Vias in the Urban Growth Boundary and it
was time for the City to take some initiative to see that the
road got improved.
Reid stated she felt there would be an advantage to this
annexation and getting this road improved because it was
relatively undevelo?ed and by getting people to sign in favor,
there would be a possibi I ity of getting 51% of the property owners
to sign in favor of improvement. \"Ihereas with Tolman Creek Road,
most of that particular property.was developed and it was really
hard to get people to sign in favor.
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Wenker again wanted to know if there was any way that the property
owners could be guaranteed that their driveways would be
maintained. Wanderscheid stated again that he was sure 1hat
the engineers would do that, but there was no guarantee. It
would just be up to the property owners to watch what the
engineers were doing and to respond as the things were being
proposed. He also stated that since They have been using that
property for a long p.er i od of time, they 10 i ght have acqu ired
the right to use it and if worse comes to worse, they could
retain an attorney to ensure that their rights to use their
driveways were protected.
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Shapiro stated there might be a solution in having.the
engineers design the road before the assessment district was
formed. Wanderscheid stated he had talked to the engineers and
it was not their pol icy to design a road unti I there was an
actual petition for paving of the road. He further stated that
should Mr. Greene come in with a final plat, Public I'lorks had
enough information to give him driveway grades to be sure that
they would be matched with the future improvement of the road.
.
Morris stated that the Platko Subdivision, which was approved
5-6 years ago directly south and across the street from the proposed
"' annexation, was requiroed to sign in favor of future paving. I~anderscheid
stated that he had checked with Publ ic I'lorks that morning and had
found no agreements at a II that were on f i Ie. He stated" that it
cou I d have been a prob I em wi th staff not requ i ring it or it cou I d
have been a problem with the actual agreements just never having
been executed.
Reid asked how the proposed fi I I and improvement of Ashland
Mine Road would effect Greene's driveways. Wanderscheid responded
that there was a poss i b i I i ty that he wou I d have to do some fill
in order to make his driveways meet the proposed grade. He stated
that condition #5 should handle that particular problem.
Reid wanted to know what other cities do regarding improvements
of county roads so they can be accepted by the cities. Shapiro
stated that the City of Medford handled this problem much the same
way Ash I and does and" requ i red a pet i t i on of 51 % of the peop I e to
sign in favor to get the street improved and then they accepted
the county roads into the city after they were improved.
o
Reid stated that the additional 7 lots would probably not
cause that much of a problem in any area and she was in favor of the
proposed annexation.
Sil lings stated he was fami lar with the land and he was sure
it was not agricultural. The road was his major concern and he
believed that the neighbors should go in mass to the County
Commissioners to demand that the County impr'ove that road. He
believed that it was a good subdivision and he was in favor of it.
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8i II ings moved to approve PA#79-130 with only the 2.2 acrE~S
for annexation with the appl icant's findings and suggested
conditions; motion seconded by Morris.
During a discussion, Bil lings asked if the 2.2 acres would
be a hardship to Mr. Greene. Mr. Greene stated that he ~Iould be
willing to only have the 2.2 acres annexed at this time.
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The motion was then voted on and carried 7-1 with one
abstention. Pugh voted No, and Apenes abstained from voting.
~ONCLUS ION OF THE PLANN I NG CO:,~~~ I SS ION:
rhe Planning'Commission concluded that the applicant adequately met the required
burden of proof in support of the assertion of ultimate facts; and that the basic
facts presented by the appl icant, staff, and persons speaking at the public hearing
~ere sufficient reasons in support of the ultimate facts and Commission approval of
Planning Action #79-130 (Subdivision, Annexation, and Zone Change).'
CONDITIONS: .
1.
That the appl icant sign in favor of future street improvements,' including
sidewalks to Cedar Way and Ashland Mine Road. I
2.
That provision of sewer service be to the satisfaction of the City's Public
Works Department and that any necessary easements be provided.
3.
That slope and uti I ity easements be provided on Ashland r-line Rd. and' Cedar l'lay.
4.
5.
That any additional right-of-way for Cedar Way be provided to the satisfaction
of !he City Publ ic Works Dept.
That the subdividers engineer coordinate with Jackson County and City of Ashland
Publ ic Works Departments on the design of future grades for Ashiand Mine Road,
and that the developer design driveways and approaches to match future street
grades and curb locations.
6.
That street trees be provided on 30'centers along Cedar Way and Ashland Mine
Road. Existing trees can be substituted in areas where they exist.
7.
That the usual agreements, bonds, etc. for installation of improvements be
requ ired.
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BEFORE THE PLANNING COH1-!ISSION
OF THE CITY OF ASHLAND, OREGON
In the Matter of the Application )
)
of ) PROPOSED FINDINGS OF
) FACT, RECmlHENDA TI ON S
B. D. GREENE and GLADYS L. GREENE ) TO CITY COUNCIl;
)
FOR: )
)
ANNEXA TI ON NO. )
ZONE CHANGE NO. r
CREATION OF SUBDIViSION NO. )
The property involved in this matter'before the Planning
C6mmission is located near the Northeasterly corner of the
City ,Limits of the City of Ashland, northe~ly of and adjacent
I
to Ashland Mine Road, shown on the Jackson County Assessor's
Map 39 IE SBB as Tax Lot 200.
It is the stated intention of the Applicant to utilize
this area of approximately 1.7 acres to develop a single
family residential subdivision of nine (9) lots in "Unit 1"
and ultimately under "Unit 2", an additional nineteen (19)
lots for a total of twenty-eight (28) residential lots.
Tax Lot 200 requires annexation into the City of Ashland
and a zone designation from County Zoning Classification of
Rural Residential (RR-S) to Single Family Residential (R-I).
It is the request of the Petitioners that the City
Council, upon the favorable recommendation of the Planning
Commission, act upon the zone change issue prior to or con'
current with the annexation, and also grant Petitioners
authority to create a subdivision for 9 single-family rcsi-
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dential lots, as shOlm as "Vni t I" on the Preliminary. Plat
Map on file herein, under such conditions ~s may be determined
to be reasonable under the circumstances.
It is anticipated that from the evidence to be produced
through investigation by the Planning Staff and Applicants'
presentation at the necessary public hearings, the following
Findings of Fact will be supported:
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PROPOSED FINDINGS OF FACT
1. General Description of Property; Compliance with Comprehensive
Plan:
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The most Northeasterly corner of this property lies
withi~ the City Limits and otherwise is surrounded on ihree
sides by developed residential areas, and on two sides; the
easterly and southerly, by existing city limits. The northerly
boundary, although not adjacent to the city limits, abuts on
a developed residential a~ea and the Southern Pacific Highway,
and beyond that lies "Old Highway 99", a public high\iay.
The area will be adjacent to and have access on three
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public Streets, North Main, Cedar Way and Ashland Mine Road.
The property is within the Urban Growth Boundary of
Ashland, and is designated on the Comprehensive Plan as
"Suburban Residential" (7 uni ts per acre maximum) and is
zoned by Jackson County as RR-S with the surrounding area
presently zoned R-I, B8 and proposed in the recommended new
zoning ordinance to be RI-7.S (Residential, maximum density
of 7.5 units per acre). The proposed size of the lots
varies, but the minimu~ are in excess of that required by
the Comprehensive Plan, Unit 1 to be designed for 5.]4 units
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per acre, Uni e for 3.26 units pe.r acre.
The proposed use and density, therefore, are in compliance
with the Comprehensive Plan, as is the requested zoning with
the surrounding area.
THIS ANNEXATION AND REZONING PROPOSAL ARE FOUND TO BE IN
CO~lPLlANCE WITH THE STATENI DE LAND USE FLANN I NG GOALS, AS
\~ELL AS OTHER AND NECESSARY LEGAL REQUIRHIENTS, AS FOLLOWS:
Goal #1: Citizens Involvement
-'
The present Ashland Comprehensive Plan has received
extensive attenti~n, not only by the City Council and
Planning Commissions, but through numerous public hearings,
specifically for individual neighborhoods~ as well as for
the entire general Plan. The proposed annexat~on and re-
zoning being sought here has been reviewed by the Ashland
C..' Pl' Ad' C' . I h f'
ltlzens annlng vlsory ommlttee prlorto t e -lrst
public hearing before the Planning Commission.
Goal #2: Land Usi Planning
The annexation of this subject property, being within
the Urban Growth Boundary and compatible with the Goals set
f6rth therein, as well as the Comprehensive Plan, and in the
immediate vicinity of existi~ residential areas, when
annexed and rezoned for single f?mily residences, will be
compatible with adjacent uses.
Coal P,3: Agricultural Lands
The subject property has ~ot been zoned Exclusive Farm
under the County Zoning Ordinance, is within the proposed
Ashland Urban Growth Boundary and the proposed density ~ould
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allow up to seven residential units per acre under the
designation of Suburban Residential. The size and location
is such as not to be appropriate, necessary nor a contributing
factor for the continuation of existing commercial agricul tunll
enterprise within the area. This area is, therefore, treated
as an ex~eption to the strict interpretation and application
of Goal 0.
Goal #4: Forest Lands
The subject property has no existing forest nor any po-
'tential for commercial forest usage. State Land Goal D4 is,
therefore, found to be inapplicable.
.~
Goal #S: Open Spaces, Science and Historic Areas, and
Natural Resources
No mineral or aggregate resources, energy sources, fish
or wildlife habitat areas, ecologically significant natural
areas, outstanding scenic views, water resources, historic,
cu)tural or wilderness areas are located upon this property
OT will be affected by this proposed annexation.
Coal #6: ~ir, Water and Land Resources Quality
Sewage generated in the area proposed for annexatioh
and rezoning will be collected and treated by means of the
eXisting sewer system of the City of Ashland, there presently
heing such facilities located on Cedar Way ~nd on North
Uhln, from which extensions into the proposed subdivision
. will be ~ade.. Ko present or future threats to the air,'
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watcr or land resources is anticipatcd because existing
development of the urca is of the same nature, and there
will be no conflicting requirements nor impacts upon the
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air, water and land resources. The subject property lies
immediately adjacent to Ashland Mine Road lhiCh contains a
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City water main. A residence located on t,e property is
presently served from the water source, but not presently
connected to a City sewer line. The proposed subdivision
,
would furnish such, and will enhance th~ value of that
property, as well as improve the general health and ,,,elfare
of the entire surrounding area by creating a more sanitary
and ecological sound situation.
Goal #7: Area Subject to Natural Disasters and ~]azards
The area proposed for annexation and rezoning is not
known nor documented to be subject to any natural disasters.
Therefore, Goal #7 is found to be inapplicable.
Goal '8: Recreational Needs
It is anticipated that the recreational needs of the
future residents of the proposed area will be accommodated
by the existing park and recreational facilities provided by
the City, County, State and Federal agencies. Ashland
presently has dedicated park la~d which has not yet been
substantially developed or improved.
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Goal 19: Economy of the State
The impact would be positive for the economy of the
area; the immediate result would be the employment needed to
develop the subdivision and thereafter the presence of
homeowners would contribute to the strength of the community.
No adverse impact on the local or regional economy is anticipated
as a result of this annexation and rezoning.,
Goal no: Housing
As part of the establishment of the Urban Growth Boundary,
the determination of additional lands to accommodate the
urbanization needs of the City of Ashland tb the year 2000
was necessary. The inclusion of this particular area within
the Urban Growth Boundari indicates it is necessary and
adequate to assist in providing housing for the future and
existing residents of the community. The present and immediate
future trend of development in this area is for residential
use. This subject annexation and rezoning will implement
the needed urban residential develoIlment more than can be
realized under its present status of RR-S. This will more
adequately fulfill this Land Use Goal, ,,'hich is that of
providing sufficient housing for the residents of the State
at p~ice ranges and rent levels which will be commensurat~
with the financial capabilities and the mark,et for households
in this area. Further comments applicablc to this Goal are
set forth hercinafter under the heading "PUBLIC NEED" and
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by 'this reference are incorporated herein.
Goal ell: Public Facilities and Services
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The annexation of the subject propert1 represents a
timely and logical extension of public faclli ties and services.
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Water facilities, such as are presently located in
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Ashland Mine Road, and the sewer systems existing in Cedar
Way and on North Main, ,,,ill be extended through the proposed
subdivision in compliance -id th existing City requirements.
Future control by the City through annexation and rezoning
to such a compatible use is a recognized advantage of this
proposal.
Elec!ricity and telephone service are in the immediate
area and are available from the Pacific Power & Light Company
and the Pacific Northwest Bell Telephone Co. and police and
fire protection are available from the existing City depart-
ments. Briscoe Elementary School is located in the area, as
is also Helman School.
Goal i12: Transportation
As indicated before, the present and immediate access
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to the subject property would be from Ashland Mine Road,
North Main Street and Cedar Way, existing public streets.
The peti tioners' plat plan shO\,'s that there can be adequate
and fully developed street systems within the subdivision to
provide ~or the vehicular and pedestrian traffic. The
access from Ashland Nine Road is directly into the City of
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Ashland and over Old Highway 99 to the 1-5 Freeway.
There are taxi and bus facilities \d thin the City of Ashland
which will be readily available to the residents of this
area.
Goal #13: Energy Conservation
The immediate effect of the annexation and rezoning of
this subjec.t property will have little affect upon energy
conservation as suc'h. The use of non-renewable sources of
energy is not applicable. During the construction phase of
the subdivision, it will be expected that 'all efficient
techniques and methods will be utilized for the conservation
of energy, including the plans and specifications for the
individual dwelling units contemplated to be placed therein.
Goal #14: Urbanization
The proposed annexation is included \vi thin the Urban
Growth .Boundary as adopted by the Jackson County Board of
Commissioners and the City of Ashland. The rationale for
establishing the boundary ~s included in the ordinance
amending the Comprehensive,Plan of Jackson County to include
the urbanization policies and establishing the boundary
dated July 19, 1978, which by this reference is incorporated
herein. That, together with the Findings of Fact otherwise
set forth herein, are sufficient to show that this annexation
and rezoning are in co~pliance with this goal.
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PUBLIC NEED
The need for additional lots for residential purposes
has been clearly demonstrated not only for Jackson County as
a whole, but for the City of Ashland specifically. Among
the Findings of Facts contained in the Comprehensive Plan
and the agreement betl~een the City of Ashland and the Jackson
County Commissioners regarding the Urban Growth Boundary, is
-, one that there is a need for additional housing wi thin the
City at this time. Due to the limitations of subsurface
sewage disposal capabilities of land within the County and
this specific area which is not serviced by Bear Creek
Valley Sanitary Authority, and other county areas not othen,'ise
able to obtain subsurface sewage disposal permits, less land
in rural areas will be developed for residential purposes.
This places a higher demand and need for the development of
. properties wi thin Urban Growth Boundaries where municipali ties
are able to provide municipal services and service more
efficiently and economically than would the r~ral areas.
The demand for residential h9using within Jackson County is
in excess of supply, which is an evidence of public need.
As is reflected in the "Study of Urban Growth In and
Around the Ci ty of Ashland" (October 1978) upon which da ta
much of the Comprehensive Plan and Urban Growth Boundary
were predicated, close to 60% of the land needed for Single-
family dwellings in the period ending in the year 2000 will
have to come through the annexation of land outside the
present City Limits.
(Page 29) The property proposed here-
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with uniquely complies with the policy of the Urban Growth
Boundary Agreement dated July 19th, 1978, in that it meets
. this criteria ai therein stated:
Tax
"Development of land for uses designa~ed on the
City Comprehensive Plan will be encouraged to
occur on under-developed lands adjacent to or en-
compassed by the existing City Limits prior to the
conversion of other lands wi thin. the b1oundary. "
Lot 200 is not only "adjacent to" the C~ty Limits, -it
:
is substantially "encompassed" by the City Limits, and is,
in fact, encompassed by existing single family residential
uses.
The allowance of a subdivision for si~gle family resi-
dential lots of the size proposed herein will fulfill State
Land Use Goal no (Housing) as well as help (OlVe problems
identified in the Comprehensive Plan. Goal no demands an
inventory of "affordable" housing. Lots of the proposed
subdivision are, because of. size, more affordable than those
located in less densely designated areas.
"The amount of land zoned for smaller residential lots
(i.e., 6,000 and 8,000 square feet) is also approaching a
similar level of development" (referring to its "nearing
saturation".) (Comp. Plan, page 37)
NO LAND ELSE1\'HERE AVAILABLE TO SAT! SFY NEED
Within the City Limits, there is virtually no land
available for a single family residential subdivision as
The Findings heretofore
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proposed here that is not already'committed to development.
NEED" are applicable to this
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arc incorporated herein.
Furthermore, the freedom to be able to live in different
areas of the City should, to the extent possible, be provided,
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and this area of the City requires annexation for the use
proposed herein to offer such a choice. ~s is recogni ze'd in
the Comprehensive Plan, "most Single-'familr residential
development has occurred in new subdivisio~s located southeast
of the downtown but with one exception being the Quiet
Village Subdivision located in northwest Ashland." (Comp.
Plan, page 36) Therefore, this area (Lot 200) of "northwest
Ashland" is in need of the proposed use presented by this
Petition.
ADVERSE HlPACT ON ADJACENT PROPERTIES
The property adjacent to the subject property on the
West is outside the City Limits, but is presently zoned as
residential property, so no adverse impact will be had on it
from this proposed action. Neither will it adversely
affect the Southern Pacific Railroad property adjacent to
and.North of the subject property, nor upon the balance of
the perimeter areas already having been developed as residential
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property.
Approved by the Planning Commission of the City of
Ashland, Oregon this
day of
, 1979.
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Approved by the City Council of the City of Ashland,
Oregon this day of , 1979.
By:
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lV B Adequate public facilities and services are existing and
available to serve this annexation and sub-division.
1. City Engineering and a study by Beck and Assoc. has
determined that existing water mains, pressure and volume
are adequate to service this annexation and sub-divisi.on.
2. City Engineering has determined that existing sewer mains
are adequate and may be extended to' service this anne!xation
and sub-division. '
3. City Electric Department has determimed that existing high
lines are adequate to service this annexation and sutl-division.
Services will be under ground as agreed by the sub-dividor
and the City Electric Department.
IV B 1 The proposed sub-division is surrounded on three sides
by existing and completed urban development. Two of the home
.sites in the proposed annexation are now fully developed and being
"'served by Fublic electric and water systems . This 1>roposed
annexation will make public sewer disposal available to these two
,ai tes.
~~~~1"'~1~~1IlJlfflliff~~-.
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I:EXHI/.3/r B"
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December 14, 1979
Ashland PlAnning Department
Ashland, Oregon
ReI Proposed Annexation on Ashland ~'ine Road (PA # 79-1)0) and
LCDC Ad~instrative Rule on City Annexations IV Bland 2
",".--
Findings submitted with this application clearly covered the
requirments of -the above mentioned Adminstrative Rule but did
not specifically do so.
This letter is intended to identify the findings which specifically
address the Adminstrative Rule.
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IV B 2 The proposed annexation is within the Urban Groeth Boundry
as proposed by the City of Ashland and Jackson County - now awaiting
action by LCDC.
Sincerely yours
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_,6' - 4, .-<.':/2.2c.:;.---r"
B.D. GreenEiT
Gladys L. Greene
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RESOLUTION NO. ffo-I)~
A RESOLUTION REFERRInG TO THE VOTERS OF THE CITY OF ASHLI,Jm TIlE
QUESTIO~ OF THE REPEAL OF THE ORDINANCE fu'nIEXING 'rIlE B. D. GRBENE LAND
TO THE CITY OF ASHLA.~D TO BE VOTED UPON AT 1\ SPECIAL ELECTION HEREIN
CALLED A."lD TO BE HELD ON THE 4TH DAY OF NOVEMBER, 1980.
BE IT RESOLvED BY THE CITY OF AS~~D, as follows: _
, SECTION l:.:. By the refereadum process there is hereb)'
rcferredto the voters of the City of Ashlm.d, the question of whether
or not to repeal Ordinance No. 2078 \'1h1ch annexed certain land to the
City of Ashland known as the B. D. Greene land and the follmYing Ballot
Title for the proposed measure is hereby adopted and approved and the
following are the Ballot Title and form in which said measure shall
appear upon the Ba~lot at said Special Election:
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: MEr.SURE
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SUBMIT'l"ED TO THE VOTERS BY THE REFERENDUi<1 PROCESS
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"YES" OR 'NO". Mar'X '~x" in the square
P.EPEAL OF TIlE ORDINANCE ANNEXING 'l'llE
LAND.
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of the ans,,,er voted for. .
B. n. GREF:NE
:
No. 2078 (D. D. Greene A.,nexation) be
YES
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NO
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'Shall OrdJ.nance
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'Ashland Ordinance Mo. 2078 (the B. D. Greene
certain land to the City of Ashland. Passage
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:result in that land not beJ.ngannexedto the
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Annexation) ann3"GC I
of this maasltll:e ,dll:
City of Ashland.:
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\: SECTION 2. A Special Election in and for the City of Ashland
. is hereby called and ordered to be held in and. for said City on t1:e-
4th day of November~ 1980.
- .SECTION 3~ That the same persons shall serve as Chairrr,en
and Clerks for said Spacial Election as serve asChairnlen and Clerks
: for the General Election held at the same time and on the same day;
that the ~espective polling places lawfully designa~ed for the said
General Election are hereby designated as the voting places for said
Special Election; pOlls will be open from 9:00 a.m. to 8:00 p.m. on
the date herein set forth for said Election.
SECT~~N 4.. That the City R?corder is hereby requested and
directed to give due notice of said Special Election as provided in
-1- Resolution NO.~-~~
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the Charter of the City of Ashland, Oregon, and the general laws of the
State of Oregon: that is to say, notice of the calling of said Election,
the time and places for voting and the Ballot Title shall be puglished
in the Daily Tidings, a newspaper of general circulation printed and
published in said City, at least onee ten (10) days prior to the date
fixed herein for holding said Election, and such Notice shall be posted
in at least four (4) public places in the City of Ashland and also at
each of the 'Polling places not less than ten (10) days prior to the
date of' said Election.
.. . The foregoing Resolution was duly passed at a regular meeting
of the City Council of the 'City of Ashland, Oregon, on the ,1"".1tay of
S.eptarwer, 1980, by theJfollowing vote: Ayes: Lj , Nays:--/ .
..... ", . Dated this;L:Qay of September, 19 .
APPRO '
ATEBST:
Lf~ ~ ~ctdJ~
. ,CI'.L'Y RECORDER
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-2- Resolution No. [0 -IR
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NOTICE OF SPECI~ ELECTION
IN THE CITY OF ASHLAND, OREGON
NOTICE IS HEREBY GIVEN ~RAt a Special Election has been called and
be held in the City of AShland, Oregon on the 4th day of November,
at which time there will be submitted to the legal voters of said
for their approval or rejection -an act of municipal legislation to
upon the repeal of Ashland Ordinance No. 2078 (the B. D. Greene
Annexation) whereby it is proposed by the referendum process that said
Ordinance be repealed.
will
1980,
City
pass
MEASURE SUBMITTED TO TUE VOTERS BY THE REFERENDUM PROCESS
52; REPEAL OF THE ORDINANCE ANNEXING THE B. D. GREENE LAND.
Shall Ordinance No. 2078 (S. D. Greene Annexation) be repealed?
Ashland Ordinance No. 2078 (the B. D. Greene Annexation) annexed
ce:r:tain land to the City of Ashland. Paseage of this measure will
result in that land not being annexed to bbe-City of Ashland.
The POlling Places for the purpose of this Election are as follows:
Precincts 1 and 7 - Lincoln SChool, 320 Beach
Precinct 2 - Womens Civic Center, Winburn Way .
Precincts 3 and 6 - Ashland Senior High School, Mountain and
. Iowa Streets . :
Precincts 4 and 16 - Helman School, 705 Helman
-precincts5 - Briscoe School, 265 North Main Street
. Precinct 10 - S.O.S.C. Student Union, SiSkiyou Blvd.
Precincts 11 and 12 - Ashland Junior High School, 100 Walker Ave.
'precincts 13 and 15 - B&llview School, 1070 Tolman Creek Road
I
The Polling Places for said Special Election shall be open between the
hours of 8:00 a.m. and 8:00 p.m.
The full act of municipal legislation to be voted on at said Special
Election is on file -and is open for examination at the Offic~ of the
Recorder of the Cityo5f~andd, Ashland City Hall, AShland, Oregon,
and lnay be inspected by the legal voters of said City.
B. Y ORDER OF TIlE CITY COUNCIL, of the City of Ashland, Oregon, dated
September :;'*-<=r, 1980.
..-Ly)~- (. ~~~4~__-,___~_
l~an~. FranlT1n . L1 ty KecorUer .
City of AShland, Oregon
Notice of Special
~ J'()-ff
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Election
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NOTf'CE"OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL
rR~PERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5: AND ON
; tHE QUESTION OF THE ANNEXATION OF SAID P~AL PROPERTY TO THE
CITY OF ASHLAND (B. D. Greene, Applicant)
.NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of
~ertain real property from Jackson County Fire District No.5; and also on the question
)f the annexation of the same real property to the City of Ashland will be held on
'ebruary 19, 1980 at 7:30 P.M. at the Ashland City Hall, Ashland, Oregon. All persons
ire invit~d to attend this HearLng ana be heard on the question of the proposed withdrawal
md annexation. The real property above mentioned is situated in Jackson County, Oregon, and
nore particularly described as follows:
A tract or parcel of land situated in the Southwest quarter of Section 32, To\~ship 38
South, Range 1 East and. the Northwest quarter of SectionS, Township 39 South, Range 1
East of the Willamette Base and Meridian, Jackson County, Oregon and being more fully
described as follows:
Commencing at a 1 inch galvanized iron pipe with a bronze cap situated at the section
corner common to Sections 31 and 32, Township 38 South, Range 1 Eaot and Section 5 and 6,
Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County,
Oregon; thence North 88013'28" ~ast, 521.56 feet to a found 5/8 inch iron pin establi2hec
in the course 0. Recorded Survey No. 3782 and being a point in that boundary line by
.J:lgJ::.cement as established through the exchange of Quit-Claim deeds recorded' as Docu:,',,:ot
No. 68-06504 and Document No. 68-08262 of the Official Records of Jackson County, Oreson
said pin being the True Point of Beginnincu thence South 64005'26" East, 949.03 feet
to a 5/8 inch iron pin situated in the Westerly right of way of Cedar Way; thence South
23040'00" West (Deed Record South 23030' l'lest) along said right of way, 192.435 feet to
a 5/8 inch iron pin; thence leaving said right of way North 70047'58" West, 99.34 feet
to a 5/8 inch iron pin; thence South 25022'02" West, 145.90 feet to a 5/8 inch iron pin
situated in'the Northeasterly right of way of Ashland Mine Road, as said road has been
established from existing found monumentation; thence North 70047' 58" l'lest along said
right of way, 794.55 feet to a 5/8 iron pin situated in that boundary line by agreement
as hereinabove referred to; thence leaving said right of way North 16054' 04" East alo,,:;
said boundary line by agreement (Deed Record North 17000'00" East, 448.27 feet) 448.135.
feet to the point of beginning. Containing 7.96 acres, more or less.
j
Subject to any and/or easement and/or rights of way of record and those apparent on the
land.
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by order of the
ASHLAND CITY OOUNCIL
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Nan E. Franklin
City Recorder-Treasurer
PUBLISH:
PORT,
February 4, 11, 1980 ~ /'-;;,
Fe~TuaT~ 4 1980 (Ach'~n~ r.itv Hnl' window.
~ 7- / '- </ ---&-.,<.0-
Public Lib.. 1st Nat\l Bank &
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FireStation~I
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NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL
fROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5: AND ON
. tHE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE
CITY OF ASHLAND (B. D. Greene, Applicant)
. NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of
certain real property from Jackson County Fire District No.5; and also on the question
of the annexation of the same real property to the City of Ashland will be held on
February 19, 1980 at 7:30 P.M. at the Ashland City Hall, Ashland, Oregon. All persons
are invit~d to attend this Hear~ng and be heard on the question of the proposed withdrawal
and annexation. The real property above mentioned is situated in Jackson County, Oregon, and
more particularly described as follows:
A tract or parcel of land situated in the Southwest quarter of Section 32, TO';Dship 38
South, Range 1 East and. the Northwest quarter of Section 5, Township 39 South, Range 1
East of the Willamette Base and Meridian, Jackson County, Oregon and being more fully
described as follows:
Commencing at a 1 inch galvanized iron pipe with a bronze cap situated at the section
corner common to Sections 31 and 32, Township 38 South, Range 1 Eao;t and Section 5 and 6,
Township 39 South, Range 1 East of the Willamette Base and Meridian, ~rackson County,
Oregon; thence North 88013'28" East, 521.56 feet to a found 5/8 inch iron pin established
in the course o~ Recorded Survey No. 3782 and being a point in that boundary line by
~eement as established through the exchange of Quit-Claim deeds recorded as Docul.1ent
No. 68-06504 and Document No. 68-08262 of the Official Records of Jackson County, Oregon
said pin being the True Point of Beginning; thence South 64.05'26" East, 949.03 feet
to a 5/8 inch iron pin situated in the Westerly right of way of Cedar Way; thence South
23040'00" West (Deed Record South 23030' West) along said right of way, 192.435 feet to
a 5/8 inch iron pin; thence leaving said right of way North 70047'58" West, 99.34 feet
to a 5/8 inch iron pin; thence South 25022'02" West, 145.90 feet to a 5/8 inch iron pin
situated in the Northeasterly right of way of Ashland Mine Road, as said road has been
established from existing found monumentation; thence North 70.47'58" Nest along said
right of way, 794.55 feet to a 5/8 iron pin situated in that boundary line by agreement
as hereinabove referred to; thence leaving said right of way North 16"54' 04" East alor,:]'
said boundary line by agreement (Deed Record North 17.00'00" East, 44B.27 feet) 448.135
feet to the point of beginning. Containing 7.96 acres, more or less.
Subject to any and/or easement and/or rights of way of record and those apparent on the
land.
.
by order of the
ASHLAND CITY COUNCIL
7)u.v fi ?:.,,~.,,~..J 1,,;v
Nan E. Franklin
City Recorder-Treasurer
PUBLISH:
POST:
February 4, 11, 1980 ~_ -I'"
FebTuaT, 4 1980 (AQh1~n~ r.itv H~11 window.
t: .
Public Lib,. 1st Nat\1
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Bank & Fire Station~r
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NORMA PAULUS
SECRETARY OF STATE
ELeCTIONS AND PuBLIC ReCORDS DIVISION
RAYMOND A. PHELPS, JR.
DIRECTOR
OFFICE OF THE SECRETARY Of STATE
C. GREGORY McMuRDO
14'1 STATE CAPITOL
SALEM, OREGON
(5-03) 378-4144
ASSISTANT SECRETARY OF STATE
June 9. 1980
City of Ashland
City Ha II
Ashland, OR 97520
Dear Nan E. Franklin:
We have received and filed, as of
June 9. 1980
Ord. No. 2078
, annexing territory to
City of Ashland
Our fil ing number is
80-90
Please notify the
Jackson Co. Clerk
of these boundary changes.
This will ensure that proper city I imit lines are reflected in the voting
precincts of the county.
Sincerely,
2~~7C}.
(~mond A. PheIPs~r.
,
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cc: Jackson Co. Clerk
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C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLA.ND, OREGON 97520
lelephone (CocIe 503, 0482.3211
June 6, 1980
Secretary of State
State Capitol
Salem, OR 97310
Dear Secretary,
The City of Ashland has approved annexation of certain
contiguous territory to the City of Ashland. (B.D. Greene)
Enclosed are the following documents:
1. Copy of consent to annexation.~
2. Ordinance No. 2056, dispensing with an election. -
3.
Ordinance No. 2078, annexing the
with legal description.
territory,
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i
,
-
together
4. Affidavit of Publication.-
5. Notice of posting.
I trust that this will comply with the filing requirements
of State law.
Cordially,
Y}uu ;f ~,~Uu~
Nan E. Franklin
City Recorder
NEF/ams
~P~0~ 11~ ge~0.~~ ,dz'ca?Lc/
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State of Oregon )
) ss.
County of Jackson)
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 2-4-80, post 4 copies of the
hereto attached notice, as follows:'
City Hall
Fire Station #1
First Nat'l Bank
Public Library
20 E. Main
455 Siskiyou Blvd.
67 E. Main
Siskiyou & Gresham
I further depose and say that the attached notices were posted
for at least 2 weeks prior to
February 19
, 1980 .
Subscribed and sworn to before me
7]?2~":,~ ~,tt4C/~~~
G.t?C-e/ c:; , 19YO.
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Nota Public for
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Oregon
My Commission expires
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CERTIFICATE OF CITY RECORDER
STATE OF OREGON)
County of Jackson: ss.
City of Ashland)
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. 2056, dispensing with an election.
3. Ordinance No. 2078, annexing the territory.
4. Legal description and map
5. Affidavit of Publication and notice of posting
The above items are copies of originals filed in my officI= and
they are correct, true and complete transcripts.
Dated this
c:;edday of June, 1980.
~~6' ~a-Jd~
Na E. Franklin, City Recorder
City of Ashland, Oregon
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. Subscribed and sworn to before me this day of June
"
, 1980.
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Not Public for Oregon
My mm~ss~on expires 0< - 7-Ci /
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C I T Y
o F
ASHLAND
Jackson County Assessor
Court House
Medford, OR 97501
Dear Sir,
C I T Y
HAL L
.I
ASHLAND, OREGON 97520
telephone (Code S031 .oI82.3~11
June 6, 1980
The City of Ashland has approved annexation of certain
contiguous territory to the City of Ashland. (B.D. Greene)
Enclosed are the following documents:
2. Legal description.
1. Copy of Ordinance No. 2078 annexing the area.
3. A copy of the certified map of the territory annexed.
I trust that this will comply with the filing requirements.
NEF/ams
Cordially,
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Nan E. Franklin
City Recorder
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CITY
o F
ASHLAND
C I T Y
HAL L
ASHLAND. OREGON 97520
telephone (COde 503) .c82-3211
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June 6, 1980
State of Oregon
Department of Revenue
Assessment & Appraisal Division
Salem, Oregon 97310
Dear Secretary,
The City of Ashland has approved annexation of certain
contiguous territory to the City of Ashland. (B.D. Greene)
Enclosed are the following documents:
1. Copy of Ordinance No. 2078 annexing the area.
2. Legal description.
3. 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;"
Nan E. Franklin
. I
CJ.ty Recorder
NEF/ams
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CITY
C_., !j .; .~
/Ifa! "-,0(
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone- (Code 503) 412.3211
..-",
June 6, 1980
Jackson County Surveyor
Jackson County Courthouse
Medford, OR 97501
Dear Sir,
The City of Ashland has approved annexation of certain
contiguous territory to the City of Ashland. (B.D. Greene)
Enclosed are the following documents:
1. Copy of Ordinance No. 2078 annexing the area. c
2. Legal description. ~-
3. A copy of the certified map of the territory annexed. ~
I trust that this will comply with the filing requirements.
Cordially,
~....~ /E ~>~LL. ~
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an E. Franklin
City Recorder
NE!?/ams
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CITY
o F
ASHLAND
C I T Y
HAL L
ASHLAND. OREGON 97520
telephone (Code 503) .482.3211
June 6, 1980
Jackson County Clerk
Court House
Medford, OR 97501
Dear Sir,
The City of AShland has approved annexation of certain
contiguous territory to the City of Ashland. (B.D. Greene)
Enclosed are the following documents:
1. A copy of Ordinance No. 2078 annexing the area. _~
2. A legal description.
~-
3. A copy of the certified map of the territory annexed:-
I trust that this will comply with the filing requirements.
Cordially, "
Q / ,
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Nan E. Franklin
City Recorder
NEf/ams
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1221 N. MAIN ST., 482-0963
ASHLAND, OREGON 97520
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ASHLAND
June 4, 1980
Mr. B. D. Greene
1221 N. Main Street
Ashland, OR 97520
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C I T Y
HAL L
ASHLAND. OREGON 97520
telephone (COde 503) 482.3211
Dear Mr. Greene:
Re: Ashland Mine Road Annexation
The Ordinances annexing your land on Ashland Mine Road
will be effective on June 6, 1980, and upon our filing of
the Ordinances with the Secretary of State in Salem.
Before we can mail these documents to the Secretary of
State we will need your check for the annexation fee, which
was computed as follows:
Gross Area
less Cedar Way
Net
117,612
7,058
110,554
sq. ft.
"
sq. ft.
times $.01 per sq. ft. = $1,105.54
Upon receipt of your check for the above amount, we
will forward the Ordinances to Salem and Jackson County for
recording.
Very truly yours,
.~ /;'
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/ B;;i~~' .~-: A~mq~is-t7
City Administrator
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cc: City Recorder Franklin ./" , /
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Surveyor Registered
Oreg. Wa.h . Nevada
Area Code S03
482-4318
.
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SWAIN SURVEYING, INC.
27v.. North Main Street, Suite 9
ASHLAND, OREGON 97520
Commencing at a found 5/8 inch iron pin situated at the intersection of the
Northeasterly right of way of Ashland Mine Road, as said right of way has been
established from existing monumentation, and that boundary line established in
the course of Recorded Survey No. 3782 and being a point in that boundary line
by agreement as established through the exchange of Quit-claim Deeds recorded as
Document No. 68-06504 and Document No. 68-06282 of the Official Records of
Jackson County, Oregon, said iron pin bears South 44005'10" East, 568.96 feet
from the section corner common to Sections 31 and 32, Township 38 South, Range
1 East and Sections 5 and 6, Township 39 South, Range 1 East of the Wil1amette
Base and Meridian, Jackson County, Ore9on; thence South 70047'58" East (deed
record South 710 East) along said right of way, 170.00 feet to the True Point
of Beginning; thence leaving said right of way, North 16054'04" East:'110.00
feet; thence South 70047'58" East and parallel to Ashland Mine Road, as set forth
hereinabove, 600.84 feet; thence North 33002'30" East, 245.82 feet; thence
South 64005'26" East, 50.03 feet, more or less to a point in the West boundary
line of the Northeast quarter of the Northwest quarter of Section 5, said Township
and Range; thence South 00035'55" East along said West boundary line, 364.28 feet,
more or less, to ~ point in the Northeasterly right of way of Ashland Mine Road
as set forth hereinabove; thence North 70047'58" West along said Northeasterly
ri ght of way, 828.30 feet to the point of beginning. Containing 2.7 Acres, more
or less.
B. D. Greene
1221 North Main Street
Ashland, Oregon 97520
I"-!EGISTERED
PROFESSIOI--lAL
Lf',ND SURV~"- OR
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JULY 8. 19136
EVERETT L. SWAIN
. 759
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April 1, 1980
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Propos~d '
Annexation
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,:..'21-- \TDN AND COl'JSENT TO ANNE' "lot-;
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 purcha~ers
pursuant to a recorded contract", of the following-described land located in Jackson County,
Oregon:
SEE EXHIBIT A ATTACHED HERETO
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 consider-
ation non-revokable for a period of three (3) years from its date.
We further agree to pay one cent (1.;:) 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 improvements and utilities that may benefit the land; said paym,"nt to be made to
the City of Ashland at the time the land is annexed, or when either water or sewer services
are furni.shed to the land at our request, whichever occurs first.
At the time the land described herein is annexed to the City of Ashland, we
agree to pay to the City of Ashland an amount sufficient Lo enable it to '.ithdraw this
land from all public service districts as defined by ORS 222.510 and to which it may belong
so that this shall be at no present or future expense to the City of Ashland. Hith respect
to each s'.2ch public se~...;rice rlistri C't tn:1t', at the tirr:c of <:;7!nex2ti0n~ has .:,.ut~t2.r-~di::.g Ii.=.-
uilities UJ.: lnG.~b[.ec.; 2SS, ,,"~e sha.ll pay 'to 'trJe Ci'ty or AshJ..Cinc1 an a1ll0unt equal to the pre-
ceeding year's assessment for such indebtedness multiplied by the number of years re~inir.g
on such indebetedness.
We agree that this agreement
DATED:
(J2d
;;:)
11- 71_
shall be binding upon ou.r heirs and.Ai.. ssigns.
----- I ( ,
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SIGNATURE:. ( ..' ~, (j/ ~~:"'~-.?'
PRINTED NAHE: !JILL Y fl. GREE~_E
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SIGNATURE: .,.--/>/.2--" /=,- Y'::;'/~;;;;...<-./,;V
PRINTED NA.'1E: GLADYS L:- GREENE
Contract Purchaser
SIGNATURE:
PRINTED NA.'1E:
STATE OF OREGON )
County of Jackson)
ss.
~
BE IT RE11El1BERED that on this_/ 7~ day of /./it'c-<// ,/ , 1972, before
me the under5i~~ed, a Notary Public in and for said County and State, personal~y appeared
the wi thin named BI LL YD. GREENE XXXXXXXXXXXXXXXXXXXXXXXL'iX
and GLADYS L. GREENE who are kno,.m to me to be the identical individucls
described in and wno executed the within instru~ent, having acknowledged ~o me that they
executed the. san;~ freely and v01untarily.
TN "7T'L':fSS ~rrlER20F I have hereunto set my hand and seal the deiY and year last
abovE:. ...;r~ttf'.:-:'.
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My commission expires:
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EXHIBIT "A"
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LAND DESCRIPTION
A tract or parcel of lilnd si tuated in the Soutlwlest quarter of Sect'ion 32, Townshi p
38 South, Range 1 East and the Ilorthwest quarter of Section 5, To,m',hip 39 South,
Range 1 East of the Willamette Rase and Meridian, Jackson County, Oregon and being
more fully described as follows:
Commencing at a 1 inch galvanized ii^On pipe with a bronze cap situated at the section
corner COllllllon to Sections 31 and 32, Township 38 South, Range 1 East and Section 5
and 6, Township 39 South, Range 1 East of the WillJmette Base and Meridian, Jackson
County, Oregon; tllence North 88013'28" East, 521.56 feet to a found 5/8 iuch iron
pin established in the course of Recorded Survey No. 3782 and being a point in that
boundary line by agreement as established thl^ough the exchange of Quit-Claim deeds
recorded as Oocument No. 68-06504 and Document No. 68-08262 of the Official Records
of Jackson County, Oregon sai d pi n bei ng the :LJ^lJ~ Po_i.nt o.f. Reg.i nnin~l; thence
South 64"05'26" East, 949.03 feet to a 5/8 inch iron pin situated in the Westerly
right of "ay of Cedar Way; thence South 23"40'00" \vest (need Record South 23030'
Hest) along said right of "Iay, 192.435 feet to a 5/8 illch iron pin; thence leaving
~aid right of ,'Iay NOI^th 70047'58" \'.'est, 99.34 feet to a 5/8 inch irDn pin; ;hence
South 25"22'()2" \vest, 145.90 feet tD a 5/8 inch i,^on pin situated in the Northeasterly
ri~ht of 'lay of Ashlalid I.';ine Road, as qid road has been c:stilblishecl from existing
found IIIOIIUITIlntation; thence I~orth 7004/'58" West along said right of '.!ay, 794.55
feet to a 5/8 inch iron pin situdted in that boundal^y line by agl^eellient as hereinabove
refelTed to; tilence leJving said right of \-/ay North 16054'04" East along said
uoundary line uy agn'('lllent (Deed Record North 17000'00" East, fJ48.2I' feet) 448.135
feet to the point of beginning. Containing 7.96 Acres, more or lee.s.
Sllbject to any and/or easelllent and/or rights of way of n'col^d and thO',e apparent
on the land.
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Rcgi:"leled
Oreg. Wash. Nevada
T~'k?honc
1,274318
EVERETT L SWAIN
Professional Land Surveyor
27Y, N. Main St. Suite 9
Ashland, Oregon 97520
LAND DESCRIPTION
A tract or parcel of land situated in the Southwest quarter of Section 32, Township
38 South, Range 1 East and the Northwest quarter of Section 5, Township 39 South,
Range 1 East of the Hi11amette Base and t~eridian, Jackson County, Oregon and being
more fully described as follows:
Commencing at a 1 inch galvanized iron pipe with a bronze cap situated at the section
corner common to Sections 31 and 32, Township 3B South, Range 1 East and Section 5
and 6, Township 39 South, Range 1 East of the Hillamette Base and Meridian, Jackson
County, Oregon; thence North 88013'28" East, 521.56 feet to a found 5/8 inch iron
pin established in the course of Recorded Survey No. 3782 and being a point in that
bounda ry 1 i ne by a greement as es tab 1 i shed through the exchange of Qui t..Cl aim deeds
recorded as Document No. 68-06504 and Document No. 68-08262 of the Official Records
of Jackson County, Oregon said pin being the True Point of Beginning; thence
South 64005'26" East, 949.03 feet to a 5/8 inch iron pin situated in the Hesterly
right of way of Cedar Hay; thence South 23040'00" Hest (Deed Record South 23030'
Hest) along said right of way, 192.435 feet to a 5/8 illch iron pin; thence leaving
said right of way North 70047'58" West, 99.34 feet to a 5/8 inch iron pin; thence
South 25022'02" Hest, 145.90 feet to a 5/8 inch iron pin situated in the Northeasterly
right of way of Ashland t~ine Road, as said road has been established fleom existing
found monumentation; thence North 70047' 58" Hest along said right of '"lay, 794.55
feet to a 5/8 inch iron pin situated in that boundary line by agreement as hereinabove
referred to; thence leaving said right of way North 16054'04" East along said
boundary line by agreement (Deed Record North 17"00'00" East, 448.27 feet) 448.135
feet to the point of beginning. Containing7.96 Acres, more or less.
Subject to any and/or easement and/or rights of way of record and those apparent
on the land.
Wi 1 bur J. Hance
5335 Surrey Court
Newark, California 94560
October 11, 1978
c/o Richard C. Cottle,
P. O. Box 627
Ashland, Oregon 97520
Attorney
---~
REGISTERED
PROFESSIONAL
1. NO SURVEYOR
~~jalX---';JjlL~
( OREG-ON
JULY 8. 1966
EVERETT L. SV/AIN
759
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ORDINANCE NO. d;ioFc:J
AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING
CERTAIN RECENTLY ANNEXED REAL PROPERTY FROM
JACKSON COUNTY FIRE DISTRICT NO. 5 (B. D. Green
Annexation)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following described real property situated in the
City of Ashland, Jackson County, Oregon, is hereby withdrawn from
Jackson County Fire District No. 5 pursuant to the provisions of
ORS222.524. Said real property is described as follows to wit:
Commencing at a found 5/8 inch iron pin situated at the intersection of
the Northeasterly right of way of Ashland Mine Road, as said right of
way has been established from existing monumentation, and that boundary
line established in the course of Recorded Survey No. 3782 and being a
point in that boundary line by agreement as established through the exchange
of Quit-claim Deeds recorded as Document No. 68-06504 and Document No.
68-06282 of the Official Records of Jackson County, Oregon, said iron pin
bears South 44005 '10" East, 568.96 feet from the section corner common to
Sections 31 and 32, Township 38 South, Range 1 East and Sections 5 and 6,
Township 39 South, Range 1 East of the Wi11amette Base and Meridian, Jack-
son County, Oregon; thence South 70047' 58" East (deed record South 71 East)
along said right of way, 170.00 feet to the True Point of Beginning; thence
leaving sjiid right of way, North 16054'04" East, 110.00 feet; thence South
70047' 58" East and parallel to Ashland Mine Road, as set forth hereinabove,
600.84 feet; thence North 33002'30" East 245.82 feet; thence South 64005'26"
East, 50.03 feet, more or less to a point in the West boundary line of the
Northeast quarter of the Northwest quarter of Section 5, said Township and
Range; thence South 00035' 55" East along said West boundary line, 364.28 feet,
more or less, to a point in the Northeasterly right of way of Ashland Mine Road
as set forth hereinabove; thence North 70047'58" West along said Northeasterly
right of way, 828.30 feet to the point of beginning. Containing 2.7 Acres,
more or less.
SECTION 2. The City of Ashland elects pursuant to ORS222.520(2) , to
pay annually, as the bonds of Jackson County Fire District No. 5 that
were outstanding on the effective date of this Ordinance, as the same
proportion of such outstanding bonds and interest thereon, as the assessed
valuation of that part withdrawn bears to the assessed valuation of the
entire district on the effective date of this ordinance.
. A
The foregoing Ordinance was f~rst read on the~~-day
and duly PASSED and ADOPTED this~day of )~
7 '/1
ofki&;--J
,119 .
, 1980,
~4 cf f{i,(jL;.
Na E. 'Fran in
City Recorder/Treasurer
1#
SIGNED and APPROVED this~day
I
\..
7)1E.~A . 1980. D
' or- ,
-A:([//I 1:1- ,e1L .
James H. Ragland/
Mayor (Acting):/
of
--.' .~ "~~'l
ORDINANCE NO. ,;to7?
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 REZONE CERTAIN PROPERTY
FROM JACKSON COUNTY RR-5 (RURAL RESIDENTIAL 5 AC. MIN.),
TO CITY R-1-7.5 (SINGLE FAMILY RESIDENTIAL). (B. D. Greene,
Annexation)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. That Ordinance No. 2052 and Section 18.12.030
of the Ashland Municipal Code be, and the same hereby is, amended
to rezone from Jackson County RR-5 (Rural Residential-5 Acre Min.)
District, to City R-1-7.5 (Single Family Re~idential) District,
the following described real property, to-w~t:
Commencing at a found 5/8 inch iron pin situated at the intersection of
the Northeasterly right of way of Ashland Mine Road, as said right of
way has been established from existing monumentation, and that boundary
1ine..estab1ished in the course of Recorded Survey No. 3782 and being a
. point in that. boundary line by.agreement as established through the exchange
of Quit-claim Deeds recorded as Document No. 68-06504 and Document No.
68-06282 of the Official Records of Jackson County, Oregon, said iron pin
bears. South 44"05'10" East, 568.96 feet from the section corner common to
Sections 31 and 32, Township 38 South, Range 1 East and Sections 5 and 6,
Township 39 South, Range 1 East of the Wi1lamette Base and Meridian, Jack-
son County, Oregon; thence South 70047'58" East (deed record South 71 East)
along said right of way, 170.00 feet to the True Point of Be~innin~; thence
leaving said right of way, North 16054'04" East, 110.00 feet; thence South
70047'58" East and parallel to Ashland Mine Road, as set forth hereinabove,
600.84 feet; thence North 33002'30" East 245.82 feet; thence South 64005'26"
East,. 50.03 feet, more or less to a point in the West boundary line of the
Northeast quarter of the Northwest quarter of Section 5, said Township and
o
Range; thence South 00 35'55" East along said West boundary line, 364.28 feet,
more.or less, to a point in the Northeasterly right of way of Ashland Mine Road
as set forth hereinabove; thence North 70.47'58" West along said Northeasterly
right. of way, 828.30 feet to the point of beginning. Containing 2.7 Acres,
more or less.
The foregoing ordinance was first read on the /S~day
1980, and duly PASSED and ADOPTED this b~ day of 5'l'J/-U'l
rJ
,
of~,
, 1980.
?:7~a/ t' ~?-LA~~
Na E. Frank in
City RecorderlTreasurer
SIGNED and APPROVED this /jZ:i day of
7}/7 ' 1980. )?
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(/,Jamcs M. Ragland/
Mayor (Actlng) ,
ORDINANCE NO. .xtV!',?
.AN ORDINANCE OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS
AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN
EFFECTIVE DATE. (B.D. Greene Annexation)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following land 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, and described as follows:' .
Commencing at a found 5/8 inch iron pin situated at the intersection of
the Northeasterly right of way of Ashland Mine Road, as said right of way
has been established from existing monumentation, and that boundary line
established in the course of Recorded Survey No. 3782 and being a point
in that boundary line by agreement as established through the exchange of
Quit-claim Deeds recorded as Document No. 68-06504 and Document No. 68-06282
of the Official Records or Jackson County, Oregon, said iron pin bears
South 44005'10" East, 568.96 feet from the section corner common to Sections
31 and 32, Township 38 South, Range 1 East and Sections 5 and 6, TOIvnship 39
South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon;
thence South 70047' 58" East (deed record South 71 East) along said right of ,,,ay,
170.00 feet .to the True Point of Begi,:,ning; thence leaving said right of tolay,
North 16054'04" East, 110.00 feet; thence South 700l,7'58" East and parallel to
Ashland Mine Road, as set forth hereinabove, 600.84 feet; thence North 33002'30"
East, 21,5.82 feet; thence South 64005' 26" East, 50.03 feet, more or less to a
point in the West boundary line of the Northeast quarter of the Northwest quarter
of Section 5, said Township and Range; thence South 00035' 55" East along said
West boundary line, 364.28 feet, more or less, to a point in the Northeasterly
right of way of Ashland Mine Road as set forth hereinabove; thence North 70047'58"
West along said Northeasterly right of way, 828.30 feet to the point of beginning.
Containing 2.7 acres, more or less.
SECTION 2. Upon the effective date of this Ordinance, the City
Recorder, in accord with ORS222.l70, 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 1and01.mers
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
1980, and duly PASSED and ADOPTED this b"~ day
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the /5 - day
of :/?J a..-a
of a%i"-~ f ,
, 19 O.
~a/~.t f&M~"~;~
Na E. ran in
City Recorder
SIGNED and APPROVED this?,d- day of .>:::'/,'r/ " ' /3J80Q
'V)jM..' !f-!aJ[;~-)<'
'a~es M. Ragland
ayor (Acting)~
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ORDINANCE NO. C1() S(;,
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AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN TH'3 CITY
OF ~SHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND
SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREO~;
AND SETTING A PUBLIC HEARING DATS ON THE WITHDRANAL OF
CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5
AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY
ORS222.524. (B. D. Greene 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 incorporated herein have consented to the. annexa-
tion of said land to the City of Ashland.
SECTION 2. The submitting of the question of the said
~nnexation is hereby dispensed with and a Public Hearing in the
Council Chambers, Ashland City Hall, Ashland, Oregon, on the
19th day of February, 1980, at the hour of 7:30 P.M. at which
time all persons may appear and be heard on the proposed
annexation.
SECTION 3. The City Staff is directed to cause notice of
--- said hearing to be given as required by ORS222.l20 so that public
notices are published in a newspaper of general circulation
appearing in the City in issues of such newspaper on February 4
and February 11, 1980, and that notices be posted in four (4)
public pl~ces in the City for a period of not less than two (2)
weeks prior to the date of the Public Hearing.
SECTION 4. Pursuant to ORS222.524 a Public Hearing shall
be held on February 19, 1980 at 7:30 P.M. in the Council Chambers,
Ashland City Hall, Ashland, Oregon, on the question of the with-
dra\~al of certain real property from Jackson County :Pire 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, uregon and more narticularly described
in Exhibit "A" attached hereto and by this reference made a part
hereof.
SECTION 5. The City Staff is directed to publish and post
notices of said Hearing in the same manner and on the same dates
as described above relative to the proposed annexation.
The foregoing ordinance was first read on the /y~ day of
7bt!~~ , 1917' and duly PASSED and ADOPTED thisf'zg
Of;JMt..uJ- , 1980.
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Nah~r!k&h~
City Recorder
SIGNED and APPROVED this tJti day 0
, 1980.
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EXHIBIT "A"
LAND DESCRIPTION
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A tract or parcel of land situated in the South\'!est qual'ter of Section 32, Township
38 South, Range 1 East and the Northwest quarter of Section 5, Township 39 South,
Range 1 East of the Hil1dlll(~tte r.ase and f'l<!ridian, Jackson County, Oregon and being
1II0re fully described as follOlvs: I
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COlllmencing at a 1 inch galvanized i,-on pipe I'lith a bronze cap situated at the section
corner COlll11l0n to Sections 31 and 32, Township 38 ~outh, Range 1 East and Section 5
and 6, TOIvnship 39 South, Range 1 East of the I.Jillamet1.e Base and I-\(>,-idian, Jackson
County, Oregon; thence NOI'th 88013'28" East, 521.56 feet to a found 5/8 illch il'on
pin established in the course of Recol'ded Survey No. 3182 and being a point in that
boundal'y line by agreement as established through the exchange of Quit-Claim deeds
recorded as DocUl;lent No. 68-06504 and Document No. 68-08262 of the Offi ci .11 Records
of Jackson County, Oregon sai d pi n bei ng the !~:~~ Pgi.Jll .9l. .8.egj ~nj.!19_; thence
South 64005'26" East, 949.03 feet to a 5/8 inch iron pin situated in the Hesterly
right of way of Cedar Way; thence South 23040'00" West (Deed Record South 23"30'
West) along said right of I'lay, 192.435 feet to a 5/8 i"ch iron pin; thence leavin9
said right of I'lay tlol'th 70047'58" \-"est, 99.34 feet to a 5/8 inch iron pin; U,ence
South 25022'(12" \.Jest, 145.90 fpet to a 5/8 inch il'on pin situated in the Norlheastl'l'ly
l'i!Jht of way of Ashland' t.line Road, as said road has heen established from ('xisting
found 1ll0liuJnultation; thence l~orth 7004J'58" \.Jest along said right of ,.!ay, JY4.55
feet to a 5/8 inch iron pi n s i tUil ted in tha tbounrla ry 1 i ne hy agrceml!nt as h,~rei nabove
referred to; thence leaving said right of way North 16054'04" East along said
uOlJlldary line by agrc('III1'nt (Deed Record Nor.th 17"00'00" East, 448.27 feet) 448.135
feet to the point of beginning. Containing 7.96 Acres, more or less.
Subject to any and/or easement and/or ri ghts of way of }'ecord and those appurent
on the land.
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NOTICE OF PUBLIC HEARING ON TilE WITHDRAHAL OF CERTAIN REAL
fROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. S: AND ON
; tHE QUESTION OF THE ANNEXATION OF SAID PiliAL PROPERTY TO THE
CITY OF ASHLAND (B. D. Greene, Applicant)
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.NOTICE IS HEREBY GIVEN that a Public Hearing on the withdra'lal of
ertain real 'property from Jackson County Fire District No.5; and also on the question
f the annexation of the same real property to the City of Ashland will be held on
ebruary 19, 1980 at 7:30 P.M. at the Ashland City Hall, Ashland, Oregon. All persons
re invit"d to attend this Hear .Lng and be heard on the question of the propos"d withdrm,'al
nd annexation. The real property above mentioned is situated in Jackson County, Oregon, and
lore particularly described as follows:
A tract or parcel of land situated in the Southwest quarter of Section 32, TO\<llship 38
South, Range 1 East and. the Northwest quarter of SectionS, Township 39 South, Range 1
East of the Willamette Base and Meridian, Jackson County, Oregon and being more fully
described as follows:
Commencing at a 1 inch galvanized iron pipe with a bronze cap situated at the section
corner common to Sections 31 and 32, Township 38 South, Range 1 Ea"t and Section 5 and 6,
Township 39 South, Range 1 East of the Hillamette Base and }[eridian, Jackson County,
Oregon; thence North 88013' 28" East, 521. 56 feet to a found 5/8 inch iron pin establish.~c
in the course o~ Recorded Survey No. 3782 and being a point in that boundary line by
....a<:u:eement as established through the exchange of Quit-Claim deeds record"d as Docu:.,,,:ot
No. 68-06504 and Document No. 68-08262 of the Official Records of Jackson County, Oreson
said pin being the True Point of Beoinnincu thence South 64005'26" East, 949.03 f"et
to a 5/8 inch iron pin situated in the Westerly right of way of Cedar Way: thence South
23"40'00" West (Deed Record South 23030' \'lest) along said right of way, 192.435 feet to
II 5/8 inch iron pin: thence leaving said right of way North 70047' 58" l<1est, 99.34 feet
to a 5/8 inch iron pin: thence South 25022'02" West, 145.90 feet to a 5/8 inch iron pin
situated in.the Northeasterly right of way of Ashland Mine Road, as said road has been
established from existing found monumentation; thence North 70047'58" Nest along sc:id
right of way, 794.55 feet to a 5/8 iron pin situated in that boundary line by agreerc,ent
as hereinabove referred to: thence leaving said right of way North 16054' 04" East alo,,:;
said boundary line by agreement (Deed Record North 17000'00" East, 448.27 feet) 448.135
feet to the point of beginning. Containing 7.96 acres, more or less.
Subject to any and/or easement and/or rights of way of record and those apparent on the
land.
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by order of the
ASHLAND CITY OOUNCIL
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7;a<v j: :;:; <,~~<-i &'c-:
Nan E. Franklin
City Recorder-Treasurer
?UJlUSH:
MR":
February
fcl>TuaT'f
4, 11, 1980 .....---. y'<~
4 '980 (Aoh'~n~ r.itv H~ll window.
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Pub1i~ Lib.. 1st Natll Bank & FireStation~1
(U',o-L"" </,-,.) 1"'"'T
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AFFJDA VIT OF PUBUCA TION
ST/.TE. OF OREGON, }
55.
County of Jackson,
I, ... .i'i~~~!1.. 9h1!-p.~A......., being first duly sworn, depose and say
that I am the printer of the ASHLAND TIDINGS, a daily newspaper of general
circulation, printed and published in Ashland, in the aforesaid county and state;
that such newspaper is made up of at least four pages of five columns of at least
I7%inches in depth, or if smaller pages, then comprising an equivalent amount
of type matter; that said newspaper was regularly and uninterruptedly published
for at least one year immediately proceeding the first publication of the attached
notice, and has more than 200 bona fied subscribers within the county in which it
Is published; that the notice of which the one hereto attached is a true and correct
copy, viz;
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~OTI(.t: 01" PUtU.I(' Ilfo:A.RING ON
iTllt: WITIIUIt,\WAI. nt" ('ERTAIN
1m,\.. PRnpt:nT\' to'ROM JACKSON
'('UllSTY nn.": IlISTRItT No.5:
ANn ON TI"': (~U":STlON ()fo' TIn:
'ANNto:XATIU:'Ii nt' SAIU RY-AI.
, pRUI.t:ltTY TO Tilt: CITY OF
. ARm.ANn tHo n. (ireent". Applicant)
:<. NOTICE IS HEREBY GIVEN that a
'. Public Hearing on the withdrawal of
: certain real properly (rom Jackson
County }O'ire District No.5; and also on
;:the qUel'tion of the annexation of the
sam€' real properly to the City of
-.Ashland will be held on i"ebruary 19,
'1980.at 7:311 P.M. at the Ashland City
Hall, Ashland, Oregon. All persons are
invited to aUend this Hearing and be
heard on the question of the proposed
withdrawal and annexation. The real
property above mentioned is situated
in Jackson County, Oregon, and more
particularly describedas follows: '.
A tract or parce! 01' land situated In
the Southwest quarter of Section 32,
Township 38 South, Range 1 East and
the Northwest quarter of Section 5,
TO\~mship39South. Range 1 East of tht!
Willamette Base and Meridian,
Jackson County. Oregon and being
more fully described as follows:
Commencing at a 1 inch galvanized
iron pipe with a bronze cap sit~at~ at
the section corner common to Sections
31 and 32. Township 38 South, Ra~ge t ,
East and Section 5 and 6, Township 39
South, Kange 1 East of the Willamette
Bast' and !\If'ridian, Jackson County,
Oregon: lhenl'C North 88 degrees
1:1'211" East, 521.56 feet to a found ~II
- inch iron pin estahlished in the ~se
of Recordcci Survey No. 3782 and bemg
a point in that boundary line by
a~reemt'nt as established through the
exchanged or Quit-Claim deeds
recorded as Document No. 68.()65(}4
and Document No. 68-08262 of the
Subscribed and SVI Official Hecords of Jackson County,
Oregon said pin being the True Point
of Beginning; thence South 64. degr:ees
0&'26.. East, 949.03 feet toa :'11 Inch Iron
pi" situated in the Westerly right of
way of Cedar Way; thence South :..
degrees 40.00" West (Deed Record
'"c...-."7!""_""~--,'~u.-.,...-^.' South 23 degrees 3(1' Westl along said
right of way, 192.435 reet to a :'11 inch
iron pin; thence leaVing said righl of
way North 70 degrees 47'~" West,
99.34 reet 10 a :'11 inch iron pm; thence
I South 25 degrees Zl"tJ2.' West, 145.90
feet to a :'11 inch iron pin situated in the
Norlht>asterly right or way of Ashland
Mine Road, as said road bas been
established from existing round
monumentation; thence North 70
degrees 47'58" West al~g s~id ~ight of
way, 794.55 fe<'t toa :.~ Iron plOslluated
in that boundary line by agreement as
hereinabove referred !o; thence .
leaving said,. ri~h~ of wa,~ ~~Ih !ti ,
deert'ei. -54'lN.' East ".atena sa.id <
boundary line by agret'ment tDeed
Record Norlh 17 dt'grel'S oc)'oo'. East.
448.27 fe-el) 441U;15 ft'Ct to the point of
beginning, Containing 7.91;acres, more
or less.
Subject to any and.or eaSf'ment and.
or rights of way of record and those
apparent on thf' land.
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was published in the \"I
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dated the .;t r.. .. ..
Issue dated ...-\.~.l}...
That the price act
That a reduction (
charitable purposes.
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by order of the
ASHLAND CITY COllNCIL
Nan E. Franklin
City Rt'Corder-Treasun"r
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PUBLISH: February 4, n, 1980
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newspaper once a week for
9!emenCing with the issue
. .. .., and en'ltft with the
..'.....d 19.......
was $20..00. . . . . . . . . .. ..
the legal rate was made for
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