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Home My WebLink About2014-005 Property Line Agrmt - Matthew Frey Lvg Trust CITY OF ' ASHLAND AUTHORIZATION OF AGENCY FOR LAND USE APPLICATION TO: City of Ashland Community Development Department; RE: Application No.: I hereby authorize Douglas M. McGeary, Attorney for the City of Ashland, to act as my agent to initiate land use application and complete the land use process for a property line adjustment for the property described herein. 37 N. Main Street Ashland, OR 97501 Dated: January _17, 2014 MA HEW R. F Y, T STEE OF THE MATTHEW R. FREY REVOCABLE LIVING TRUST LEGAL DEPARTMENT Tel: 541-488-5350 david.lohman@ashland.or.us 20 East Main Street Fax: 541-552-2092 le¢alcontractor@ashland.or.us Ashland, Oregon 97520 TTY: 800-735-2900 bechtoldk@ashland.or.us PROPERTY LOT LINE ADJUSTMENT AGREEMENT As between the Parties, City of Ashland, (the "City") and Matthew R. Frey, Trustee of the Matthew R. Frey Revocable Living Trust ("Frey"), together referred to as the "Parties": RECITALS • Neither Party wishes to interfere with the use or enjoyment of the other's property; The Parties had an honest but mistaken belief that the property line between the City property, Calle Guanajuato Way, and the Frey lot, located at 35 N. Main Street, Ashland, Oregon (TL 8500), was delineated as the actual or physical northerly perimeter of the Frey building; To correct this mistake, a new property line must be drawn and legalized between the Parties' two adjoining properties or lots that allows an advantageous change of boundaries but does not diminish the size of the tax lots; The Parties must cooperate with each other in order to successfully obtain legal approval of a property line adjustment; It is beneficial to the Parties to establish a general agreement between themselves prior to deciding where and how to permanently re-locate the Parties' shared property line; and Therefore , the City and Frey agree as to the following process and general parameters of establishing a new property line between their respective lots: AGREEMENT In consideration of avoiding a future legitimate and potential property line dispute, the Parties agree: I . The property line between adjoining properties is to be adjusted generally in a manner that is reflected in the attached Exhibit A (herein incorporated) and will be finally established after conducting a professional survey and City approval. a. By way of giving explanation to the diagram, the Parties generally agree as follows: i. The new property line is intended to expand the perimeter of TL 8500 to eighteen inches (18") outside of the entire perimeter of the existing deck, stairwell, staircase, and storage shed at the rear of the building on Calle Guanajuato Way, in exchange for that portion of a 4 ft. by 13 ft. area of Frey property that will be included as part of Calle Guanajuato Way. ii. A new line will be drawn in a manner that allows for an exchange that maintains the original square foot amount that now comprises the Fey property. This new area created is intended to only account for the loss, if any, created by the Parties overall adjustment of their adjoining property lines, and to thereby avoid any actual loss to the amount of square footage now comprising the Frey lot. b. The City will apply to the City of Ashland Community Development Department (Planning) for a property line adjustment as has been generally described and agreed upon by the Parties. Frey will reasonably support and join in this application, if advantageous to its success, to assist the City with this application. agreed upon by the Parties. Frey will reasonably support and join in this application, if advantageous to its success, to assist the City with this application. Frey will not interfere or in any manner delay the City's application and approval for the above described property line adjustment. C. The City attorney will obtain and coordinate Frey's lender, if any, for approval for this transaction. The City will be responsible for any expenses imposed by the Frey lender as a condition for a lot line adjustment. d. The City will draft all real property conveyance instruments according to the advise and consent of Frey. 2. The City will be solely responsible to pay for the above described survey, for application and processing of a lot line adjustment with Planning, and drafting and recording real property conveyance instruments. 3. The City will complete the lot line adjustments by October 31, 2014, with the intention of completing the above described tasks sooner. 4. Any violation of the terms of this agreement or related future agreement once signed by the Parties, shall be considered a default by the violating Party. Such default can be corrected by the violating Party within 15 days after given written notice of the default by the injured Party. If not corrected within 15 days, the defaulting Party shall be responsible for any reasonable costs and fees incurred by the other Party in their performance according to the terms of this Agreement. Such costs and fees shall include attorneys fees incurred up to the time of default and those attorney fees required to enforce this agreement. 5. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the Parties hereby enter into this agreement. Each Party, by their signature below, acknowledges that s/he has read this Agreement, understands it, and agrees to be bound by its terms and conditions. All Parties acknowledge that this Agreement is a legally binding agreement and that s/he has had satisfactory time to seek legal counsel before signing this Agreement. CITY OF ASHLAND 1 MATTHEW FREY Z:~~A I 2 ! J-t7-zo~ DAVE KANNER Date MAT FREY Date City Administrator Trustee of the r ( Matthew R. Frey Revocable Living Trust Ta rts.' . (a, Y-ws ta gl . McGeary Ir Pk.OPOSED PROPER-?"Y LINE ADJUS"1-MEN'?' 1 FOR CI'T'Y 01: 'ASHLAND 4.. PARKS AND RECREA"PION ,..........i 99 NOR"1'li MAIN S"1?t Ef_'I' Z ASHLAND. OREGON 975Y0 ~ D¢SiN9IXil7N1 PMQtt LEL Zl 4/ILImR PA9RAIY Urs = RmEG4D ANRIm afvaln uo ~ D rauo / SRPS / nLV udaDAdn Z m FAGT ? Da1EO I,. n...e Fri -N- TL 9200 ac MTH uc uDW Y. HAKES 4914 SO FE DOS] 173 PIEDMONT DRIVE 5234 SL R. PROPOSED SCALE: 1'- 10" A98AND, OREGON 97520 DATE 10-28-13 REVISED 11-05-13 RENSED 1-14-14 A IL 9000 1825 SO. FT. D55T NAWES FAlBLY TKMST I8 S0. FT. PROPOSED LLOTD NAUZs >b NORTH MAW SIREFT, SOTE 201 ASKAED. OREGON 97300 a Iyl 7L 9909 IM SO. FT: EWT V HENRY f RUTH DAw 1737] SO. FT. PROPOSED DAR FANLY IRMST 2 785 WAIRR AWV" Q .3 ASI9NND, OREGON 97520 iL 8300 IN SO Fl DSST Q DAVID R. LOWS 1990 SO Fi. PROPOSED LOLIES RAR AND GRILL uC 41 NORTH MAW STREET ASHLAND. OREGON 97520 _ M2 K FAfINO YOI9 R 7500 CRY OF A90AND R. 11900 20 EAST MAN STREET NCTOR AND EVYE SmNID J755 Sb. R EMST ASKANA OREGON 97310 P.D. ROC 11274 JlBR SO F1: PROPOSED ZEPHYR COVE, NEVADA 89448 5].531 SG fT. DOST 37.004 SO FE PROPOSED E• 3 i j..... moo;- - - TL8500 TERRASURVEY, INC. t MATINEw FREY PROFESSIONAL LAND SURVEYORS PROFESS-AL I J7 NORTH MAN SRVEET 274 F'OUR'TH STREET LARD SMRVEYDR 4 ASHEAND. OREGON 97520 4452 SO. FT. E]OST ASHLAND OREGON 97520 DIGITAL COPY l1 45M Sy. Fr. PROPOSED f:411482 ,474 ® 11 u.lrrnln~be4nel ain In-u ~f- _ ~ FA¢ T OEINP YIMB PAGE 2 OF 2 1 PROPOSED PROPERTY LINE ADJUSTMENT LOCATED IN THE NW QUARTER OF THE NW QUARTER SECTION 9, TOWNSHIP 39 SOUTH i I y RANGE 1 EAST, WILLAMETTE MERIDIAN,\ JACKSON COUNTY, OREGON / I 2 N1 \ (39 IE 0968) / 1 PY / CITY OF ASHLAND fio' PARKS AND RECREATION / / ♦ 99 NORTH MAIN S-1'REE'I' ASHLAND. OREGON 97520 / ] \ " / n >soD LEGEND ] PROPOSED ADAISTED H, vAR Ir 11M EN lERpt YRCPCF IY IINL i / / INIERIpR VRCPERM1LIHCS R}MOSEO AO.VCrtO PRMCRM1 LWES i ~••x r. YFAR noon LA4Y5 PER RYA YAe i y~Ri' \ t,~J PROPOSED PARCEL 2 ~ It n 9200 I' Q'P I ( SEE SHEET 2 FOR NrAIL6 NOTE YL 9100 I IN THIS AREA / I .JI t IS ME WILNI CL ME OM1 C! AL.. (SEE NOTE) I AFFS LEPARMET lL ..LArt Iris ~ / \ I -n 9000 PROPOSED PARCEL J N i% ml Ww .1 ml 11. vRiLR TO I / 40' / \ I R 8900 PROPOSED PARCEL A % / / X \ II n B8W PROPOSCD PARCEL 5 SCALE 1'- 30' DAM. 10-221-13 ENISFNG PROPERTY LINES /TL 8600 PROPOSED PARCEL 6 / I !L ]500 % I I PROPOSED PARCEL ] / / I n 8500 SEE SHEET 2 FOR DETAILS PROPOSED PARCEL I IN THIS AREA _ J - I CITY OF ASHLAND I O I I m 6AI WLNC i A eaaO Wwl EAYM1r TRUST O 2 2 n I I ' ASxLAA9. PRLLCM 97520 I I I I n z \111 I I A N If) A I I y m RsxLMW F0.grvcs uc ]DODO ll Ro%AP n azoo I All" CRELM 915]0 I . II . l B.wRl Pf PX.. i \~R MIND rS rvPe1N 4Aix LLC / OAAI pE NAY LHIAIIAgE VN IRVSI P0. BO%~-' I \ Am.uv. OREmv RlsaS .YRrt sTFLE. I I }E AssOOArzs -DT SIREEI RmAN0. OREtlW 9]Sa0 !r xCx YAW ]]00 \.AR% M,,PN 9)5}0 V 1 u n I N DARN N PLAZA. 4C \ 1 CIN \ \ I TL 50001 5 Nm. uuN "`97520 - I 1 rl n saa02 \ R 3000) J r E. ]aoa I . ~r° _ WIN9URN WAY TERRASURVEY, INC. (WIDTH VARIES) PROFESSIONAL LAND SURVEYORS % IRre 274 FOURTH STREET CITY OF ASHLAND PROFESSIONAL ASHLAND, OREGON 97520 LAND SNRVEYDR (HHI 74 DIGITAL-COPY lonm•eYPrce ncvr. +1+•.maWmrlRr.aRx Si VPRi M OSNYS • .Cd xq Mr-IJ e. 2161 E %Pires 12-3I-14 PAGE 1 OF 2