RESOLUTION NO. 2005-____

A RESOLUTION REQUIRING WAIVER OF 2004 STATEWIDE MEASURE 37 CLAIMS FOR PROPERTY OWNERS DESIRING TO ANNEX THEIR PROPERTIES TO THE CITY OF ASHLAND

PREMISES:

1. The Oregon Voters passed Measure 37 at the November 2004 election.

2. Measure 37 permits a property owner who owned property prior to enactment of a land use regulation restricting their use of the property to make a claim for compensation from the governing body enacting or enforcing a land use regulation for the reduction of value in the property caused by the enactment or enforcement of the land use regulation against the property.

3. Whenever properties are annexed from the Urban Growth Area into the City of Ashland, new land use regulations will apply which may restrict the uses that may be applicable to a property, possibly leading to new Measure 37 claims.

4. Whenever a property owner chooses to request annexation into the City of Ashland, the City has determined that the property owner is also choosing to be bound by the land use regulations then in effect within the City.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The City will not consider any request for annexation into the City limits unless all persons or entities with an ownership interest in the property submit a written waiver of any Measure 37 claim that may accrue for uses that could have been made of the property prior to its annexation into the City of Ashland.

SECTION 2. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly

PASSED and ADOPTED this ______day of ______, 2005:
Barbara Christensen, City Recorder

SIGNED and APPROVED this ______day of ______, 2005:
John W. Morrison, Mayor

Reviewed as to form:
Michael W. Franell, City Attorney