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Home My WebLink About1981-024 Annexation - Kees ~: '" , ..)( l '- '- DEPAR'IMENT OF PU8UC WORICS Allen A. Allhtl. Dlnetor .. .. ,.' CITY HALL 503-412-3211 '~';;7 . ., -/)i/i C (-. ,.-/ .:~- ~. t"c <!titg 11ft As1Jlanb ASH1:~OU8ON / :) ,// -~.. ~j-- April 28, 1981 Mr. Wayne G. Kees . 3892 State Street Ste. 20d Santa Barbara, California 93105 Dear Mr. Kees: The Ashland City Council recently authorized con- nection of your property ~t 1450 Tolman Creek Road, Ashland, Oregon, to theClty sewer system. In checking the anne~ation and agreement papers which you sent we find that the property description is not clear. We have taRen the liberty of inserting the description from the 4eed records and would request that you again sign, notatize, and return to me. Dawn has been very helpful in this project. Very truly yours, ~ A~g,~ Director of Public Works Enc1osure/ ) AAA:dp '/ ""> t" {J.. 11:1 ~ ':.) 'r'. f (' .~::~ .. '~ I .j I I ~ I ~! I j , f i r : I 4 I '''l . I .'; i i I .' \ ;~ I i i '. , .., 'i " '" :1 ." H ..... , I' { :, ; I , " I .~ " , ~ : I t i; ,. t j. Li I f~~./, _~~~f:i~, . ') ! .! i . i ,1 I I , I .~ 1 ~i .~ i 41 , ....~ I' ,,'~ ' >,,} l .;~:::~ b ", ! Nt-.. .... u}-_.tt......~, ..tlQl /1.4.) ~6 720 '/,. ...... ./ / .\ '~f\' ~... '...;(. , ..~....... ~.i 7:l-1~~b3 K....OW ALL MEN BY MlLLE~. husband and DO:,A~.0 C. XIL~_E;t and LCK:tAINZ- C:~ 1...,,50 THESE PRESENTS. Thill wi (e) to ~rantor ~d by , h~r~;r~-.~t~!_ "d!-'~:!_ t.Jt~ I..rdntqr, lor tne cQ(I~:..J;r~..tl'jn ~f~in.!t!tC't It,,'#'d. WAY~2 G. KEt:::i dmC to Lf...... tV..c.:>. nu~:).::r.d ar:c '..a:e, . h~j(';.l,.,f:('{ Cd,'/~d tf..~ trtJnt..~. d.::;e, ",~{eby ~rd{1t. bAr~A.in. ~11 and convey urr.., ,/-:,. s<!id ~rdrdf""f' an.:! ~.dnt~~'! /1,."" .itJCL'~....s-Jr' 11M /H'lif.r;i, I/;....r urtaill re41 prO~(tl, with ,~ t~n~n1C'nUI hcte-d~t:'U:J~flt. IJflJ dp,-\Urr~(jij.r.';:<...j t1-.t:fctJlJiO bt-Io"';rrlg or app~!tair.Jr:J, .it~ ua'.,a in Ih~ Counly 01 Jackson and St.Jte 0/ Or'J.,n, de'>Ctlb.,d '" fn!low,. lo.wit. PARCEL I ----- Bcgicnlng at a pelnt on the EaJt lane of the No.theast ~uarter at the Northwest Qua,ter of Sec:lc~. 23 in TO;';~.5\',i? ~q Snuth, Ka:1/!,c 1 E.:~t of the lJill.1::lctte Meridian in Jackson County, Oregun, s:.td puint beir.g 913.70 feet Scu:h of the North quart~r corner of siid Section 23; thence South, along said East li~e, 410.30 feet to the Southeast corner of said Northeast Quart~r of the Northwest Quarter; thence ~eGt, along the South line thereof, 637.0 feet to the Ease line of Tolman Cree\< Road; thence :-lorth" :llong said rCEld line 410.30 I'eet; thence East 637.0 feet to th- pobt of be'gir::-.ir.;,;. PARCEL II C~~~.::1~g at th~ q'l~rt:er cornt:!r Q~on to S~~tivno 1:'" alto LJ 1.11 lVl",TItihip 3'1 South, R.1nge 1 East of the WillamEltte Meridian in JacK.~n County, Or~gon, thence South O' 04' lY' East, alung the .orth-south centerline of said Section 23, a distance of 913.70 feet to the tr..e point of begfnnin~: thence South 89' 38' 40" East 476.42 fee::; thence South 11<1 51' 30" West 418.60 feet to the South line of the ~orthwest Quarter of th~ Nortmeast Quarter of said Section 23; thence Xortn 89- 45' 37" West, along said line, 389.90 feet to a l~" iron pipe at the Sout~west corner thereof; thence North 0' 04' 13" We9!: 410.97 fe"t to the point of ~eginning. " Ii :1 ;! , 'I " II Ii II 11 Ii II :1 Ii Ii " II ': i! , ,: (i I " II I: i: i II ii 11 Ii I ~ ,: Ii I' ! lI.'1d : hM Arar.tor will warrant and for",'er de!".'1d Ih" ab<!"',, ,:ranted pre;r:;ses and ,,'ery part and parc"llhereof lI':i1lnSI the 1.:;....- ful cJs;m5 lJnd demand, 01 a/1 persons whoms(~v~r: t'!xrp{lt rI10~~ r:!!!!":-:--::;';' ;.;;~d~r t,~r: <.Jwve de~cribed er."":rJnlDr.1~Kt>.. 'j. The Irue and artu81 cOMideratia,! p,,;rJ for. Ihi, Ir,.mf~,. <1,,'_1 in tern!'~! do!!e'~, i, ! 65 ,000, CO -Hc.w!!,,'~:. tn~ Bctu".' ccns:deratzon consist'l of or Inc!Lir..;'t>., oth.~[ prep":'::)' c: \'.:1:-.::.: ai\'cri Of p'-vlniscJ '~ih'Li: I~ I::i~~t~ ('nr,llid~r...t;n~ ~t.e:'~CJ:? In con,lruiniZ Ihi. d~d and whue WITNESS Afli.110r'. hand lhis the context SG requi:e~, the singular jn(,.!ud~s the pI, UBi. 8tta day 0/ August 19 73 ,VjI'..,. fJ,.( /0 ~ I~,; . ^-'~' .'-t'~LO' I." /1 J.-d!_vJ" .a -' . " - ~. ~-/ ., # . (J i-::-" .0",',; , . L-1~:/..at' I:..~- L. . //!_~---Cd~/ STATE OF OREGON, Counly of Jackson ) s.s. August 8 /9 73 Per:;unally apP"ared the above named ! ..IiO~ALb C. MILLER and LORRAINE C. MII:LER .L in3~TIJment to b" the ir voluntary IIcl and deed. - /! ~ . -:--_ __.. __hh"_. ..m_.....___u________... B,,/ora me: /0'~4/ ~ ~ (( HIClAL S~i:): '. . '.'_; '. ',' Notary Public for Oregon ~,'nTL r O( .. ' . _ . My commission "xpires Feb. 2nd, 1976 olt=:i ,I:,' .: - . '-~()i\1 I N 7',.. _....:~ M~ .... .,.......~H ~j ...,:~.a..., ....w .... .......4. s- o...+ef' ....2. 0...- L.._. :"'. 1141 ........." It., .... 1967 s..c'-I 14..._ !;.,.....r".... '."-'" --..:z..~.:;).-",,-:JJ;..u I I WARRANTY DEED! i D()NAlJ.? C'l1~L~~...~~..~ . ,I TO WAYNE G. KEES, et ~ ............ tDO"'"' ua, TM.. .".ce. _r.'''.lo ,~ ..CO_OI". &..A.I...." CO \I" TI.. _14... ".e.0.1 STATE OF OREGON } Counly ot. .. u. 1 ~rtify that Ihe within iNlru- ment wu received lor r<<:ord on the da;' 01 19 at o'elude . M., and recorded in baa I' ..on pa~ . .Qf: a. lilin4 lee number , Rae- ord 01 Ded. 01 Mid County. W itnH. Ill' Mrrd and ...J 01 Coonty aIlired. M rJj L~ N .-1 , C'? l' ...........................1 Anlll IIICOflDlHO IInUIIN TO ci ~ Transamerica Title 130 W. 6th, Suite 100 Medford) Oregon 97501 ritH 81-09229 ~-() 10'. :J CONSENT TO ANNEXATION AND AGREEMENT /18,3- I/We represent that we are the owners of record of the following described real property located i~ the County of Jackson, State of Oregon, and which is described as follows: See attached EXHiBIT A for property description As the owners of said land ~nd in exchange for the presently existing dwelling or building being connected to the sewer system of the City of Ashland, I/We do consent and requ$st that said land be annexed to the City of Ashland and agree to be bound by the provisions of the Ashland Municipal Code, Chapter 14.08, relative to $ewer charges and sewer connections and specifically including provisions of Sections 14.08.030 through 14.08.050 of said Code which reads as follows: "14.08.030 Connection--Outs de City. Premises located outside of the City of As Ian may be connec e to the sewer system when such connection is determined by the Ashland City Council to be in the best interests of the City of Ashland and to not be detrimental to the City's sewage facilities and such connection shall be on s~ch terms as are set forth herein, or as may be modified or added to by the Ashland City Council. A. Pay the connection fee ~s set forth in Section 14.08.025 hereof plus the sum of $1550.00, which l~tter sum is in part to compensate the City for the cost of the existing sewer system and which shall be placed in the capital improvement account for use in sewer systems improvements for the City; B. Be for the use and benerit of dwellings and buildings completed and existing on July 1, 1973. In; the event dwellings or buildings are connected in accord with this section and are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be substantially increased in the opinion of the Director of Public Works; C. There is a presently ex~sting sewer main or line to which the premises can be connected in accord with the monthly rate schedules on file in the office of the City Recorder; D. Furnish to the City a cpnsent to the annexation of the land, signed by the owners of record an~ notarized so that it may be recorded by the City and be binding on future owners of the land. Said consent shall also provide for payment to the City at the time of annex- tITy..~.Jt,~,~ND 81--09229 ation the 'charge then in effect for each square foot of land which is to compensate the City in part for tfue cost of existing capital improvements. Further, it shall provide for the payment to the City by the owners at the time of annexation of an amount e~ual to the current assessment for liabil- ities and indebtedness previously.contracted by a public service district, such as Talent Rural'Fire District, multiplied by the number of years re- maining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 at no present or future expense to the City. COrd. 1820, 1974). Section l4.08.035Se monthly sewer serV1ce charge or herein. User Char follow1ng Cit. The e as set forth A. Single Famil~ Re~idential Uses. The sewer user charge for single family dwellings s all be per month per unit. B. Multi Ie Famil esidential Uses. 1. The sewer us r charge for multiple family dwelling uses shall be. per month ;er unit. Included in this category are all accounts established for perm nent or semi-permanent housing for more than one family unit. This inclu es apartments, married student housing, mobile home parks and trailer courts. 2. Institutional. The charge for those residences pro- viding for communal_sleeping arra.gements such as dormitories, fraternities, sororities, and boarding houses shall be set forth below. 3. Condominiums. The sewer user charge for condominiums (including planned unit developme,ts) shall be per month per unit. This includes units initiallycon~tructed for individual ownership, or conversions from existing multipl$ family uses to individual ownerships. C. Commercial and I stitutional Uses. 1. T e sewer us r c arge or commercial and institutional per month per business or facility; plus per of the current month's water consumption in excess of 1000 uses shall be 100 cubic feet cubic feet. 2. Notwithstandin~ the above, for accounts where more than a fifty percent discrepancy ~an be demonstrated between the amount of water consumption and the amount <pf water entering the sanitary sewers, the sewer user charge may be adju~ted accordingly. 3. In addition to the above charge.s, service. stations and businesses providing sanitary dumps for recreational vehicles only, shall ba charged monthly. D. Industrial Uses. 1. For the purposes of this Ordinance, industrial uses shall be those set forth in Section 35.905-18 of the Federal Register~ Vol. 38, No. 98. E. Multiple Uses. For sewer accounts involving multiple uses, the sewer rate shall be the total of the several use charges computed separately. COrd. #1859, 1975). -2- - ---.,~._--_._-_. ,., .._~- ----.....~ . "Im~. ... .-.. ... ......__* _____._..._. 81-09229 14.08.040 Sewer Service Charge--Outside City. The sewer service charge for premises outside tIle City connected in accord with Section 14.08.030 and while they arc outside the City, shall be double the rates set forth in Section 14.0,8.035 hereof. (Ord. 1777 a 2 SpaTt), 1973: Ord. 1775 8 8, 1973, Ord. # 18 5 9, 1975). 14.08.050 Penalties. A person violating this chapter is,' upon conviction thereof, punisl1able as prescribed in Section 1.08.010. (On1. 1775 8 5, 1973)." \ I In exchange for our land being conriected to the sewer system of the City of Ashland \Ve agree for ourselves and our he iT'S and ass igns that the o\Vners of t]lis land shall be bound by all of the rules and regu- lations governing the use of sewers' as they presently exist or may herein- after be changed by the City of Ashland. These rules shall expressly in- clude the right of representatives of the City of Ashland to go upon the premises at all reasonable times and places to inspect tIle sewer system and its connections to insure that it"is being properly maintained and that no more than the permitted number of connections are in existence. Further, we agree that this Agreement shall be binding upon our heirs and assigns. WITNESS OUR. HANDS AND SEALS this tf day of /"Icy / Y~4 ~/~ 1911. ~ STATE OF -flJ1.:t1,~ ) ~. County of -::1r il'[QI@R) BE IT REMEMBERED that ~n this "It:!! day of "-f'>'l,a.....-, , 19111, before me the undersigned, '!l- ~ot.~ry Public in and for said County ancr--state, person.ally appeared the' W1 th1n named WCJ.-..f.... D q ~ and ,., who are kno\Vn to me to be the identical individuals described in and who ex- ecuted the same freely and voluntatily. . OFFICIAL SEAL JEANNE LORRAINE MACKEY . . NOTARY PUBLIC - CALIFORNIA ~ SANTA BARBARA COUNTY My comm. expires APR 1, 1985) _~'.:"...<:.~,_.-4. 3892 State Street #200. Santa B3rlJa~a, CA 93105 for (h ~-nC IU.cL expires: LJ-I-i'S ~3- 1111 81-09229 EXHIB~T A. PARCEL I Beginning at a point on the ~ast line of the Northeast Quarter of the Northwest Quarter of Section 23 in Township 39 South, Range 1 East of the Willamet~te Meridian in Jackson County, Oregon, said point being 918i.70 feet South of the North quarter corner of said Section 23; ~hence South, along said East line, 410.30 feet to the Southeast corner of said Northeast Quarter of the Northwest Quarter; then~e West, along the South line thereof, 637.0 feet to the East line iOf Tolman Creek Road; thence North, along said road line 410.30 feet; thence East 637.0 feet to the point of beginning. I PARCEL II Commencing at the quarter cqrner common to Sections 14 and 23 in Township 39 South, Range 1 East of the Wi11amette Meridian in Jackson County, Oregon, 'bhence South 0004'13" East, along the North-South centerline of said Section 23, a distance of 918.70 feet to the true point of beginning; thence South 89038'40" East 476.42 feet; thence South 11051'30" West 418.60 feet to the South line of ~he Northwest IQuarter of the Northeast Quarter of said Section 23; thence Nor~h 89045'37" West, along said line, 389.90 feet to a 1 1/2" irorj. pipe at the Southwest corner thereof; thence North 0004'13" West 410.97 feet to the point of beginning. 73 -/ C;' S- K--? j#,- t./ d... 7c~ /7/.'.:< ,y, ;~,.'c .~_ " - Jackson Ccnmty, Oregon Recorded OmCIAL RECORDS 10:')"0 MAY 18 1981A.M. W ALDENE TERRY C;r,~ ~s! RECORDER By ~ Atj Deputy