HomeMy WebLinkAbout2008-056 Waiver of M37 Rights - Craig Bramscher
Name of Document For Recording:
Covenant Of Waiver Of Rights And Remedies
Grantor: Craig A. Bramscher
Grantee: City of Ashland
Consideration: None.
Tax Statement to be mailed to: No change.
Recordation Authority: ORS 205. 130(2)(d) &
Ashland Resolution No. 2005-05
After Recording. Return To: City of Ashland,
Attn: City Recorder, 20 E. Main Street
Ashland, OR 97520
Jackson County OffiCial Records 2008-009836
R-N
Cnt=1 Stn=3 MORGAN~/14/2008 01 :12:26 PM
$25.00 $5.00 $500 $1100 Total:$46.00
(Fo, Counry Recoroing U~ I III III IIII
01313423200800098360050052
I. Christine Walker,. County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
records. _ - ..
Chnstlne Walker - County Clerk
Covenant Of Waiver Of Rights And Remedies
Whereas, Craig A. Bramscher (hereinafter referred to as "Petitioner", including
collectively all petitioners) has petitioned to the City of Ashland ("City") to commence
certain proceedings, e.g., annexation, zone change, for the following described real
property ,
SEE EXHIBIT "A" A IT ACHED HERETO AND MADE AS A REFERENCE HEREIN
Whereas, pursuant to the enactment of Ballot Measure 3 7 (effective December 2, 2004),
a property owner may elect to seek just compensation or waiver of land use regulations if
a public entity enacts or enforces the land use regulations after the property owner
acquired the property;
Whereas, there is the potential that the Oregon electors or the Oregon Legislature may,
in the future, enact further statutory or constitutional amendments relating to
compensation for the impact of local regulations upon real property, under certain
circumstances;
Whereas, City does not wish to approve the Petitioner's requested proceedings if the
result would or could give rise to a later claim by the owner or the owner's successors or
assigns for compensation for the land use regulations in effect upon the effective date of
the proceedings or would or could give rise to a right to require the City to waive the
City's land use regulations in effect upon the effective date of the proceedings, which are
being newly imposed upon the property by reason and result of the proceedings; and
Whereas, Petitioner seeks to induce the City to proceed with the proceedings and
therefore agrees to eliminate the potential of claim for compensation or the right to seek
waiver from the City's land use regulations existing as of the effective date of the
proceedings;
Now, therefore, the undersigned Petitioner warrants that the petitioner executing this
Covenant holds the full and complete present ownership or any interest therein in the
property, and hereby agrees and covenants as follows:
Page 1 - Covenant Of Waiver Of Rights And Remedies
Petitioner (corporation, etc.) Name: Craig A. Bramscher
By:g
Name of Signor: cC--.1-t~l~ ~12-,t)}'/,y-:-~
Office/Title of Signor:
L.~"l.; IV ~
State of Oregon )
County of Jackson)
On this .2/~ day of 0/.
Notary Public, personally appeared
, ~7, before me the undersigned
Craig A. Bramscher
o personally known to me
~ proved to me on the basis of satisfactory evidence
To be the person who executed the within instrument
D as or on behalf of the entity therein named, pursuant to
authority, and acknowledged to me the execution hereof.
WITNESS my hand and official seal Place Notary Seal Below
(Do not write outside of the box)
Notary Signature
~a ~;;" ~ . .",,~--
. OFFICIAL SEAL
LAURIE A. MILLER
Notary name (legil}le): NOTARY PUBLIC-OREGON
COMMISSION NO. 412791
. . MY COMMISSION EXPIRES JAN. 20. 2011
M-"h~ A./J1J~ :::-:'~~:~.~~:--;;'.:-.:~~'"'.._- .. -
This document is accepted pursuant to authority and approved for recording.
City of Ashland, Oregon
Page 3 - Covenant Of Waiver Of Rights And Remedies
~
1. As inducement to the City to proceed with the following proceeding(s) affecting the
subject real property: Annexation and Rezone, which may include designation of
the property as subject to additional applicable overlay zones, districts and
development regulations (all inclusively referred to herein as "proceedings"), the
undersigned Petitioner, on behalf of Petitioner, Petitioner's heirs, devisees,
executors, administrators, successors and assigns, agrees and covenants to the City
of Ashland, its officers, agents, employees and assigns that the undersigned hereby
remises, waives, releases and forever discharges, and agrees that Petitioner shall be
estopped from asserting any rights and remedies, actions, causes of action, suits,
claims, liabilities, demands, and rights to waivers arising under or granted by any
statutory or constitutional regulatory compensation or waiver provisions,
including but not limited to Ballot Measure 37 (2004), or any other measure or
legislation now existing or hereinafter adopted or enacted which has or would
create a right, claim, remedy or cause of action for compensation or waiver from
or concerning a City land use regulations or development approval applicable to
the subject property.
2. This waiver and release shall bind the undersigned's heirs, devisees, executors and
administrators, successors in interests, and assigns. This covenant, waiver, release
and discharge shall run with the land, and this instrument or a memorandum hereof
may be recorded in the official records of the County in which the subject real
property is located. This instrument may be terminated upon the filing of a Notice
of Termination of Covenant filed by the City of Ashland.
3. If this instrument is given contemporaneous with a consent to future proceedings to
be initiated by the City, Petitioner acknowledges that the proceedings may be
initiated by the City of Ashland at any time in the discretion of the City of Ashland
and that this waiver and release is applicable to any ordinances adopted prior to the
effective date of the proceeding.
4. This document is executed of my own free will and without duress. I, or ifmore
than one, each ofus respectively acknowledge that I/we have been advised to obtain
legal advice prior to the execution of this document, and that either I, or each of us
respectively, have either obtained legal advice or have independently elected not to
seek legal advice prior to the execution of this document, recognizing that this
document may affect our legal rights and remedies.
DATED this ~/.d:. dayof ~~ ,2007.
(signature)
(signature)
Petitioner Name: Craig A. Bramscher
Petitioner Name:
Date Signed: *"
_ ~ I.. -<'0"'7
-
Date Signed:
Page 2 - Covenant Of Waiver Of Rights And Remedies
3
~
State of Oregon )
County of Jackson )
3 rr;( J
On this day day of ant1a..Jlj , 2008, before me the undersigned
Notary Public, personally appeared JohJ;l W. MOrrIson, to be the person who executed the
within instrument as Mayor for the City of Ashland on behalf of the entity therein named,
pursuant to authority, and acknowledged to me the executive hereof.
~!ZW2
Notary Public for Orego
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MY COMM;~~.i, O;';LC:-iEi3 ''.'',/2,2010
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My Commission expires: Mt.<j eX J1. 010
Replacement Page 4 - Covenant of Waiver of Rights and Remedies
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LANO SURVEYING, LLC
EXHIBIT "A"
LEGAL DESCRIPTION
BRAMMO MOTORSPORTS ANNEXATION TRACT
ASSESSOR'S MAP NO. 39 IE 14 A, Tax Lot 1104
That tract ofland described within Instrument No. 2005-032764 of the Official Records of
Jackson County, Oregon, along with that portion of the Central Oregon & Pacific Railroad right
of way (formerly Southern Pacific Company) as shown on Survey No. 19703, on file in the office
of the Jackson County Surveyor, said tract lying situate within the Northeast Quarter of Section
14, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon,
more particularly described and bounded as follows, to wit;
Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section
14, Township 39 South, Range I East, of the Willamette Meridian in Jackson County, Oregon;
thence South 89044'33" West (Deed Record South 89045'16" West), along the northerly
boundary of those parcels set forth in Volume 309, Page 375, and Volume 335, Page 321 ofthe
Deed Records of said County, 126.28 feet to a 5/8 inch iron pin along the southwesterly right of
way ofInterstate Highway No.5, for the True Point of Beginning; thence continuing South
89044'33" West, along said described parcel, 311.74 feet (Deed Record South 89045'16" West,
311.72 feet) to a 5/8 inch iron pin at the northwest corner thereof; thence South 00002'07" West,
along the west line of said parcels, 692.15 feet (Deed Record South 00002'16" West, 692.15 feet),
to a 5/8 inch iron pin; thence continuing South 00002'07" West, 66.41 feet to a 5/8 inch iron pin
on the northeasterly line of the 100 foot wide deeded right of way of the Central Oregon and
Pacific Railroad (formerly Southern Pacific Railroad), as described within Volume 16, Page 205
of the Deed Records in said County; thence continuing South 00002'07" West, 135.63 feet to the
southwesterly deed record right of way of said Railroad; thence following said southwesterly
right of way the following courses: 380.24 feet along the arc of a 2814.93 foot radius curve to the
left, having a delta angle of 07044'22" (Chord bearing North 50024'48" West, 379.95 feet) to a
point of spiral curvature; thence along the arc of a spiral curve to the left (Chord bearing North
54050'53" West, 90.38 feet), to a point of tangency; thence North 55011'53" West, 643.09 feet to
the north-south centerline of said Section 14; thence North 00002'32" East, leaving said
southwesterly right of way and along said Section centerline, 182.58 feet to the southwesterly line
of Ashland Business Park Subdivision; thence South 55011 '53" East, along said southwesterly
line, being parallel with and 100.00 feet at right angles to said Railroad centerline, 169.90 feet to
a 5/8 inch iron pin at the most southerly corner thereof; thence along the southeasterly lines of
said Subdivision the following courses: North 60002' 16" East, 298.88 feet to a 5/8 inch iron pin
(Deed Record North 60002'33" East, 298.64 feet); thence North 89058'49" East, 159.15 feet to a
5/8 inch iron pin (Deed Record East, 159.24 feet); thence North 06041 '00" East, 42.30 feet to a
5/8 inch iron pin (Deed Record North 06050'20" East, 42.30 feet); thence North 89059'37" East,
leaving said southeasterly subdivision line, 623.10 feet to a 5/8 inch iron pin on the southwesterly
line ofInterstate 5 (Deed Record North 89059'51" East, 622.96 feet); thence South 26036'56"
East, 47.56 feet (Deed Record South 26041 '00" East, 47.61 feet) to the Point of Beginning.
Prepared by:
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Shawn Kampmann
Professional Land Surveyor
Polaris Land Surveying LLC
P.O. Box 459
Ashland, Oregon 97520
(541) 482-5009
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Renewal Date: 6/30/09
Date: June 18, 2007
S:\surveys\355-06\BRAMMO Annexation Legal.doc
P. 0, Bo" 459, Ashland Oregon 97520 Phone: (541) 482-5009 Fa,,: (541) 488-0797
Mobile: (541) 601-3000 www.polarissurvey.com
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