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Home My WebLink About2003-40 Annexation - 250 ClayRESOLUTION NO. 2003- L'-~C) A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (RUSS DALE ANNEXATION, 250 CLAY STREET) RECITALS: A. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners of this property have consented in writing to the annexation. There are no electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on February 4, 2003. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the landowner of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. SECTION 3. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §~uly P~PTED this /~ day of. /~: ~z..~ , 2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ~-~__~c>x-~__..~ ,2003. Alan W. DeBoer, Mayor (G:\legal\Office\ORD\A~Annex resolution (Dale).wpd) 541-77~7,78/, · . CONSULTING LAND SURVEYCi~) ' 541-771-8465 816 WEST 8TH STREET MEDFORD, OREGON 97501 JAMES E HIBBS, PLS IJfrlar~charter. net EXHIBIT A LEGAL DESCRIPTION Beginning a't the Southwest corner of Lot 39 of cHAUTAUQUA TRACE, PHASE 2, A PLANNED COMMUNITY, according to the official plat thereof, now of record, .in Jackson County, Oregon; thence along the West line of said PHASE 2 and the existing City of Ashland Boundary, South 00005'27'' West, 111.48 feet to a found 3/4 inch iron pipe marking the Southwest corner of said PHASE 2; thence South 00°07'16'' West, 131.52 feet.to a point from which.a found 5/8 inch iron pin established by Survey No. 8604., on file in the office of the Jackson County Surveyor, bearS' South. 00°07'16'' West'; thence leaving said City Boundary, .North 89°34'07'' West, '381.53- feet; thence North 89°38'04'' west, 255.60 'feet 'to .the East line of Clay Street; thence North 89°55'19'' west, 60 feet to the West line of Clay Street; thence along said West line, North 00°04'41'' East, 32.2 feet, more or less, to the Southeast corner of Lot 1 of ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE 1, according to the official plat thereof, now of record, in Jackson County, 'Oregon; thence along the exi'sting City Boundary the following three courses, South 89°55'19" East, 60 feet to the East line of Clay Street; thence along said East line, North 00°04'41". East, 176.74 feet'to an angle point in said Boundary; thence North 89°55'19'' West, 60 feet to the Northeast corner of said ASHLAND MEADOW VILLAGE SUBDIVISION, PHASE'l; thence-leaving said"City BOundary alOng the West line Of clay Street', 'North 00"04'41.'' East, 824.99 feet to the SOuth line' of East Main Street; thence along said South line, South 83°33'13'' East, 60.37 'feet to. the East line of Clay Street; thence along said East line, South 00"04'41" west, 701.39 feet to an existing fence line; thence along the average location of said fence line, South 89"26'59'' East, 142.65 feet; thence South 89°43'43'' ~East, 494.62 feet to the West line of said PHASE 2; thence along said West line, South 00005'27" West, 8'3.68 feet to the point of beginning. Containing 5.94 acres., more'or less. REVISED TRACT TO BE ANNEXED (Includes Clay Street R/W) Russ Dale 01-122 October 22, 2003 REGISTERED PROFESS IONAL LAN D 'SURVEYOR OREGON JULY 17, 1986 JAMES E. HIBBS 2234 J , ne/~snlana ~lannmg Department preliminarily approved this request on Juno 18, 2003. This action will be ewed by the Ashland Planning Commission Hearings Board at p.m. on July 8, 2003 at the Ashland.Civic Center, 1175 East Main Street, Ashland, Oregon. .No public testimony is allowed at this review. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WI~ITTEN request must be received in the Planning Department, 20 East Main Street, prior to 3:00 p.m. on June 30, 2003. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. If ~ou do not ,SPECIFICALLY REQUEST A PUBUC HEARIN(~ by the time an, I .date ~,{a[ed above, there will be no public testimony permiffed If you have questions or comments concerning this request, please'feel free to contact Susan Yates at lhe Ashland Planning Depadment, City Hall, at 541-552-2041. If a headng is requested, it will be scheduled for the following month. Unless there is a co' ,ance, if a participant so requests before the conclusion of the h6. .g, the record shall remain open for at least seven days after the headng. The ordinance criteria applicable to this applicatio~ are attached to this notice. Orego~ law states that failure to raise an dejection concerning this application, either in pers<~ or by letter, or failure to provide sufficient specif~y to afford the decision maker an of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion Ihe objectk)n is based on also precludes your ligl'~ of appeal to LUBA on that criterion. Faaure of the with suflk:ient specif~Ay to allow Ibis Commission to respond to the issue precludes an actio~ for damages in circuit couff. A copy of Ihe appr~cation, all documents and evidence relied ulx)n by b~e applicant and appr~.abte cziteda are available for ~ at no cost and will be provided at reasonable cost, if requested. A coPY of Ihe Staff Report will be available for inspection materials am av~able at ~e ~nd Ptanning Depadment, City Hall, 20 East Main Sl~eet, ~nd, Oregon 97520. NOTE: This Planning Action will also be heard by the Ashland Tree Commission on July 7, 2003 in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winbum Way at 5:00p.m. PLANNING ACTION 2003-071 is a request for Final Plan approval for a 41-unit project under the Performance Standards Option for the approximately five-acre parcel located at 250 Clay Street. The application includes a request to apply a solar setback performance standard on 12 units, allowing for an approximately four-foot high shadow on the opposing south wall of the unit to the north. Comprehensive Plan Designation: Farm Five (current), Suburban Residential (proposed); Zoning: F-5 (current), R-1-3.5 (proposed); Assessor's Map #: 39 1E 11 CB; Tax Lot: 1000. APPLICANT: Russ Dale CITY OF ASHLAND ENGINEERING DIVISION IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the City of Ashland annexing the approximately 4.9-acre parcel located at 250 Clay Street, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants rwming with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this /..2-clayof ~~/ ,2003. /' State of Oregon ) ) ss: County of Jackson ) Personally appeared the above named ~S'5dt rhll" and acknowledged the foregoing instrument to be his voluntary act and deed. . _ O~l_ zt~r~7 NANCY E SLOCUM My Commission expires: -I?? - 0 7 , i NOTARY PUBLIC - OREGON (c;'engineer' "",.. COMMISSION NO. 371650 MY COMMISSION EXPIRES SEPT. 18. 2117 ,. '.