HomeMy WebLinkAbout2018-072 Bldg Agrmt - Henig, Nancy
CITY OF
ASHLAND JJa-cckson County Official Records 2018-026759
Stn=16 MORGANSS 0812412018 10:02:11 AM
Grantor. $20.00 $10.00 $5.00 $6.00 $11.00 $60.00 $118.00
Property Owner. Nancy AMIQ f Dawn C. MCC $4.00
Proert Owners Address: a PJrttfl Pll I, Christine Walker, County Clerk for Jackson County, Oregon, certy
p Y that the Instrument Identified hereln was recorded in the Clerk
San Lartaso g4b10 records. Christine Walker - County Clerk
Grantee:
City of Ashland
Community Development-Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5305 Fax 541-552-2050
After Recording Return To:
City of Ashland
City Recorders Office
20 East Main Street, Ashland, OR 97520
For County Use
Only
Unless a change is requested all taxes shall be sent to:
Grantor
No Kitchen AGREEMENT
Dated: 7/1912018
Permit or Planning Action #T9>14019- 0p0g8
Subject Property Address: 495_Femwood
Map & Tax Lot 391 E 05CD 105
Legal Description (attach, if necessary):
As granterand owner-of the property listed above, I hereby consent to the following improvements, dedication, or other actions as required
by the City of Ashland,'and agree to bear the proportionate payment of associated costs. This Agreement is to be binding upon
myself/ourselves, my/our heir(s), executors, and-assigns, and it is my/our express intention that this Agreement shall run with the land, so
that fulfillment of file items listed below shall be binding upon future owners of the property.
Action: The owner shall not Install kitchen facilities into the second :floor garage addition. The existing property
contains only one single family residence and -the second-floor garage addition will not be utilized as a separate
residential unit. A separate, second residential unit is -not permitted without obtaining a conditional use permit
approval, and-therefore use of-this space as-a separate dwelling would be a violation of the Ashland Municipal
Code and subject to-all penalties thereof. T
Owner Signature: ` Date: 3
a
Owner Signature: Date: y 'Yg / 6
STATE OF OREGON)
Countyof J.,arc~fkson )
-19 -NiA P,
On ttds at3 - day of, 20 10 . before me personally appeared,
whose identity was proven to eon the basis of satisfactory evidence to be the person(s) whose mme(s s (are) subscribed to thls Instrument. andacknowledged that he (she)
I..., executed the same.
1
OFFICIAL STAMPS 0. n+ My oomm ss on expi es e( ~j
REGAN MARIE TRAPP I Notaryt 'c for Oregon
NOTARY PUBLIO.O EE60N i
COMMISSION NO. 989114
-MY C01dNISStOkE1PfRE8UCSiBER't0;Y02)
This document has been aeknowled ed by Folini an on behalf ofthe-Gity of Ashland.
Date r ti '1,.71 g
STATE OF OREGON) 1 -
County of Jackson) qki 1 !
Signed or attested before me on this day of O 20 I2 by ~7} YI I YrW
---OFFICIAL-STAMP rilnu~ My commission expiresUaanix 0 20
REGAN MARIE TRAPP s Public for the t e off Oregon
NOTARY PUBLIC-OREGON /
COMMISSION NO. 959114
I lfY COMMISSION BARES DECEMBER 10.202t~ i a ~aew ®noxRw.am.me os wxn hmenm mace
r
Jackson County Official Records 2012-023043
R-WD
Stn 07/19/2012 09:23:25 AM
=10AlONZOKM
$10.00 $10.00 $5.00 $11.00 $15.00 $3.00 $54.00
aregon, eeNry
r katkq, THIS SPACE RESE r. Christnewalker, County Gberk for Jackson county,
that the instrument identified h.nMn was recorded In the clerk
s n~~ records. Christine Walker- County Clerk
After recording return to:
David C. Price and Nancy E. Honig
2744 Bromley
San Carlos CA 94070
until a change Is requested all tax
statements shall be sent to the
following address:
David C. Price and Nancy E. Honig
2744 Bromley
Ssan Carlos CA 94070
File No.: 7162-1898335 0a)
Date: June 04, 2012
STATUTORY WARRANTY DEED
Brian Hoffman and Valerie Quinn,
as tenants by the entirety, Grantor, conveys and warrants to Nancy E. Honig and David C. Price,
wife and husband as tenants by the entirety, Grantee, the following described real property free of
liens and encumbrances, except as specifically set forth herein:
LEGAL DESCRIPTION: Real property In the County of Jackson, State of Oregon, described as follows:
LOT 4, BLOCK 1, THUNDERBIRD HEIGHTS SUBDIVISION, IN THE CITY OF ASHLAND,
JACKSON COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN
VOLUME 12, PAGE 33, PLAT RECORDS.
Subject to:
1. The 2012-2013 Taxes, a lien not yet payable.
2. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $370,000.00. (Here comply with requirements of ORS 93.030)
Page 1 of 2
Jackson County Official Records 2018-009074
R-PUE
Stn=10 SHINGLJS 03122/2018 12:44:36 PM
$20.00 $10.00 $5.00 $8.00 $11.00 $20.00 $78.00
$4.00
1, Chdstlne Walker, County Clerk for Jackson County, Oregon, certify
Nat the Instrument Identified herein was recorded in the Clerk
reco~. Christine Walker-County Clerk
Return Document to:
Melissa Huhtala, City Recorder,
20 East Main Street
Ashland, Oregon 97520
PUBLIC UTILITY EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record., Chris S. Holzsau and
Molly Kingsley-Holzs44u, husband and wife as tenants by the entirety, (the "Grantor"), owner of
property legally described in Instrument No. 2012-026005 (the "Property") hereby grants to City of
Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee"), a
permanent, appurtenant and nonexclusive easement for aright of way 10 feet in width together with the
right of access to the right of way from adjacent land of Grantor for all activities in connection with the
purposes for which this easement has been granted.
2. Description. The location of the easement is along the general course(s) now located by
Grantee on, over or under the surface of the Property, this easement more particularly described as an
area five (5.0) feet on either side of a line legally described as follows:
See Exhibit "A", (the "Easement Area") and Exhibit "B" (the "Easement Map")
This description is intended to describe the location of the utility as originally laid and is not to be
strictly construed where reasonable variation from the actual description exists.
Exhibit A is attached hereto solely for Grantee's internal identification purposes only, and not for
use in describing the easement.
3. True and Actual Consideration: $1.00, the sufficiency of which the Grantor deems sufficient.
4.. Purpose. This easement is with all purposes for of the construction, reconstruction, operation,
maintenance, repair, replacement, enlargement and removal of any utility of the City including but not
limited to water, sewer, electricity, and communications, and whether they are above or underground, and
all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities").
Further purposes of this easement is the present and (without payment therefore) the future right to keep
the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards
which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain its
utilities.
5. Terms and Conditions.
5.1 Grantor shall have the right to use the area within the easement in any manner that does
not reasonably interfere with facilities within the easement area.
5.2 Grantee shall provide Grantor reasonable notice prior to performing work in the
Easement Area. Pursuant to such work, Grantee shall:
E. To pay Grantor for any and all damage that may arise from construction,
reconstruction, operation, maintenance, repair, replacement, enlargement or removal of
the facilities;
F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to
persons or property resulting from Grantee's or its duly appointed agents' performance of
the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold
Grantor harmless against all claims, suits, costs, losses and expenses that may in any
manner result from or arise out of the purpose and activities permitted under this
easement.
6. Termination. This easement shall terminate if and when Grantee shall have abandoned all use
of the right of way and no longer has any future need thereof.
7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this
easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in
such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorneys fee
in such amount as set by the court hearing such suit, action, proceeding or appeal.
I"ITNESS WHEREOF, the parties hereto have subscribed this instrument this zxi day of
28tT. 010(5.
J
GRANTORS: GRANTEE:
Chris S. Holzschr nda1R Ily Kingsley-Holzschu CITY ACCEPTANCE,(ORS 93.808);
CITY OF ASHLAND, GRANTEE
By: C.
Chris S. Holzs i
Jo arns, Cit Administrator
By:
Mo (ingsley- Holzs
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this _7_6 day of *(CmKA1, 2017, Chris S. Holzschu and Molly
Kingsley-Holzschu, husband and wife as tenants by the entirety, and acknowledged the foregoing
instrument to be their voluntary act and deed.
OFFICIAL STAMP
LAURA ANN RUTLEDGE OPM80LI
rgon
ic for O
NOTARY PUBLIC-OREGON
COMMISSION NO. 864478 ission Expires:
YY COI~ISSION l7PifIE8l l;~ iU2D
STATE OF OREGON )
)5s.
County of Jackson 1
`L r e LAND 0U1ZVEY1N0, LLC
x~
a
K
EXMBIT "A"
LEGAL DESCRIPTION - PUBLIC UTILITY EASEMENT
2022 CRESTVIEW DRIVE, ASHLAND, OREGON
ASSESSOR'S MAP NO. 39 1E 14 CC, Tax Lot 1300
A 10.00 foot wide strip of land to be dedicated to the City of Ashland for a Public Utility
Easement, over and across that tract of land described within Instrument No. 2012-26005
of the Official Records of Jackson County, Oregon, lying situate within the Southwest
Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian, the
centerline being more particularly described and bounded as follows, to wit:
Commencing at an iron pin set at the Northwest comer of that tract of land described
within Instrument No. 2012-26005 of the Official Records in Jackson County, Oregon;
thence North 89°42'02" East, along the north line of said tract, a distance of 11.26 feet to
the POINT OF BEGINNING of a ten (10.00) foot wide strip of land being five (5.00) feet
each side of, parallel with and adjacent to the following described centerline:; thence
South 33°52'10" East, 38.16 feet; thence 33.00 feet along the arc of a 25.00 foot radius
curve to the left, having a delta angle of 75°37'50" (Chord bearing South 71141'05" East,
30.66 feet); thence North 70°30'00" East, 36.00 feet; thence South 85°30'00" East, 25.00
feet; thence South 78°00'00" East, 8.00 feet; thence South 39°45'41" East, 15.00 feet;
thence 36.09 feet along the are of a 50.00 foot radius curve to the right, having a delta
angle of 41°21'21" (chord bears South 19°05'01" East, 35.31 feet); thence 27.00 feet
along the are of a 70.00 foot radius curve to the left, having a delta angle of 22°05'59"
(Chord bearing South 09°27'30" East, 26.83 feet); thence South 20°30'20" East, 212.00
feet; thence 94.09 feet along the arc of a 220.00 foot radius curve to the right, having a
delta angle of 24°30'20" (Chord bearing South 08°15' 10" East, 93.38 feet); thence South
04°00'00" West, 70.00 feet; thence South 04°10'00" East, 85.00 feet; thence South
82°30'00" West, 30.00 feet to the Point of Terminus, with the sidelines of said strip being
lengthened or shortened to terminate at the northerly line of said described tract.
REGISTERED
A LS
Prepared by: 'PROFESSIONX L
SURVEYOR
Shawn Kampmann ` ~
\ EXIDBIT 'B„
PU~LIC UTILITYEASEMENT SURVEY
N \ LOCATEDAT
\ \G \ I 2020 Crestview Drive
Asblan4 Oregon
LYING STFUATE V1TJTMJ
Tl\ SOUTHWEST QUARTER OF SECTION 14,
\ TO SHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN
CITYOFASHLAND, JACKSON COUNTY, OREGON
d, FOR
\ Chris Holzshu
I C1 2020 Crestview Drive
As61en(4 Oregon 97520
11.26' I I
N 86 42E - 307.57'
S 8530'00" E S 78'00'00° E ,
38.16' 25.00' 8.00'
S 33'52'10" E • S 39'4541 ° E
15.00 MONUMENT SEARS
R = 50.00 S 00'O3'06"W-1.94'
R = 25.00' 36.0 _`-L = 36.09' FROM CORNER
L = 33.00' N 70'30'00° E
R = 70.00'
\ L = 27.00'
N
O O_
~m
CENTERLINE OF
10.00' WIDE PUBLIC J \
URLITY EASEMENT \ of
o ttt
3 N1 ~ W i
O.R 2012-26005
0 5.01 ACRES o o
o ~o o SCALE: 1 ° = 100'
2
0 0°
g IN
O
in O
NEW ~I o
TRANSFORMER
30.00
S 82'3000° W
N 89'46'09" E SECTION CORNER
38.89' IN CANAL ROAD
Jackson County Official Records 2018-009064
CITY O. F R-AMUV
Stn=10 SHINGUS 03122/2018 11:06:06 AM
s4a.oo $10.00 .oo $5.00
$8.00 $11.00 s20.oo $68.00
sHI:A ND. $.oo
Community Development -Planning Department 1, Christina Walker, County Clerk for Jackson County, Oregon, cerriy
that the instrument identified hereln was recorded In the Clerk
20 East Main Street, Ashland, OR 97520 recoras.
Phone 541-488-5303 Fax 541-488-8006 Christine Walker- County Clerk
After recording return to:
City of Ashland
Clerk's Office
20 East Main Street For county use only
Ashland, OR 97520 ,
AMENDMENT OF RESTRICTIVE COVENANT
Subject Property Address:3/S- Si , Ashland, OR 97520
Map & Tax Lot 39 1 E 05DD 7300
Legal Description: See Exhibit A
Property Owner: Kenneth & Sara Pearson
Property Owners Address: 315 High St. Ashland OR 97520
The City of Ashland hereby amends the City of Ashland Agreement described
as Jackson Co. Doc. 2014-015025, recorded on June 17, 2014, as it applies to,
properties listed above, by-removing said restrictive covenant, which specifically
states:
`The owner shall not install kitchen facilities into the studio space. The existing
property contains only one single family residence and the studio space will not
be utilized as a separate residential unit. A separate, second residential unit is
not permitted without obtaining a Conditional Use Permit approval, and therefore
use of this space as a separate dwelling would be a violation of the Ashland
Municipal Code and subject to all penalties thereof."
The intent of removing this restrictive covenant is to negate its effect and
possible cloud to title of the properties described listed above, or to any property to
which such properties may be included or incorporated.
The property fulfilled the requirements of Jackson County Doc. 2014-015025 by
having obtained a Conditional Use Permit approval from the City of Ashland for a
second residential unit on the property on June 9, 2015 with the approval of
Planning Action #2015-00821.
In Witness Whereof, the City of Ashland has caused its name to be signed and
its corporate seal to be affixed hereto by John Karns, City of Ashland administrator,
this !Nay ofaa
CITY OF ASHLAND
JA~ to _"4M__4
By: John ii9hims, City Administrator
crerc nG noGr_nnl ~
exh; b:f A
County of Jackson, State of Oregon, described as follows, to wit:
Commencing at a 1 Inch square Iron bar situated at the Intersection of the center tine of Winner Street
with the West line of Donation Land Claim No. 40 In Township 39 South, Range 1 East of the
Willamette Meridian in Jackson County, Oregon; thence South 00 004'43" West along the West line of
said Claim, 573.95 feet to a 518" iron pin; thence North 89 055130" West 20.00 feet to the true point of
beginning; thence continue North 8905T30" West, along that boundary line agreement recorded as
Document No. 75.12611 of the Official Records of Jackson County, Oregon, 247.79 feet to a 518" Iron
pin; thence South 00 039107" East, along that boundary line agreement recorded as Document No. 76-
09143 said Official Records, 72.105 feet to the North line of tract described In deed recorded Volume
395 Page 281 of the Jackson County, Oregon, Deed Records; thence North 89 054' East, along said
North line, 250.0 feet to the Northeast corner of said tract; thence North, along the West line of High
Street, 72.105 feet to the true point of beginning.
For Informational purposes only, the following is Included:
(Map No. 391E0Snn, Tax 1,ot 7300, Account No. 1-005857-7. Code 5-01),
I