HomeMy WebLinkAbout2023-077 AMND to Cleanup Restriction Covenant UP RR PA-T2-2023-00042 •
•
Jackson County Official Records 2023-016180
R-AMD 08/021202311:09:27 AM
Cnt=1 SIMPSOHP
$15.$60.000$10.00$13.00$13.00$11.000$4.00 Total:9126.00
1 11111111 111
Return Document to:
Ashland City Recorder,
20 East Main, 02054171202300161800030037
Ashland, OR 97520 I,Christine Walker,County Clerk for Jackson County,Oregon,certify
that the Instrument Identified herein was recorded In the Clerk
records. Christine Walker-County Clerk
CITY OF ASHLAND
AMENDMENT TO CLEANUP RESTRICTION COVENANT
Owner: Union Pacific Railroad , Property Address: Not Applicable
•
Property Description: Parcel 7 of Partition Plat No.
P-32-2000 Index Volume 11 Page 32 in the
• Record of Partition Plats in Jackson County,
•Oregon, Jackson County Survey File No.16528
Planning Action: PA-T2-2023-00042 Consideration: $Zero, but relief from restrictions
of use of the property,the sufficiency of which the •
Owner deems sufficient.
•
•
•
Name of Development: City of Ashland Planning Action 99-048 and 2016-00684
As Owner of the property listed above, Owner hereby consents to the.following restrictive covenant as
required by the City of Ashland by ordinance in order to permit land use activities on the Subject Property
that affect legal rights landowners have in their land. This restrictive covenant is to be binding upon
Owner, its heir(s), executors, and assigns, and it is Owner's express-intention that this restrictive
covenant shall run with the land, and shall be binding upon future owners of the'property.
RECITALS .
A. As a'condition of approval in a City of Ashland Planning Action (PA).99-048, a Restriction
Covenant was recorded on the property and the following notation was included on Parcel 7 of Partition
Plat No. P-32-2000 Index Volume 11 Page 32 in the Record.of Partition Plats in Jackson County,
Oregon, Jackson County Survey File No. 16528.
"As a condition of approval of this plat, the City of Ashland has required the following statement:
Parcel 7 is restricted from further development or land division until the property has been
cleaned to residential standards. Written compliance with these standards shall be provided to
the,city form the Department of Environmental Quality." • ,
B. On June 28, 2016 and after a properly'noticed public hearing, the City of Ashland Planning
Commission approved the following change to the original condition, as of record Planning Action 2016-
00684: --
"2)That the deed restriction required in condition 9 of PA 99-048 shall be revised to read as
follows
Parcel 7 is restricted form further development or land division until Grantor obtains a
determination from the Department of Environmental Quality that the property meets
cleanup standards applicable to a single residential property. Thereafter, development of
or any subdivided parcel cannot occur until Grantor obtains a determination from the
Department of Environmental Quality that the property meets cleanup standards
applicable to the use proposed for the subdivided parcel. Grantor will provide written
-document from the Department of Environmental Quality demonstrating compliance with
these standards to the City."
C. On May 9, 2023 and after a properly noticed public hearing, the City of Ashland Planning
Commission approved the following change to the original.condition, as of record Planning Action'PA-T2
property, consistent with the DEQ Urban Residential exposure standard. Thereafter,
development of any subdivided parcel cannot occur until Grantor obtains a determination
from the Department of Environmental Quality that the property meets cleanup standards
applicable to the use proposed for the subdivided parcel. This covenant will be removed
from the property, and/or any subdivided parcel(s), upon the grantor providing the City
written documentation from the Department of Environmental Quality demonstrating
compliance with these standards to the City.
D. All periods for appeal to land use decision of PA-T2-2023-00042 have expired; and
THEREFORE, the City has established lawful authority, to which Owner voluntarily consents and agrees,
to amend the cleanup restriction covenant as follows:
• AMENDED RESTRICTION COVENANT
City approves and Owner acknowledges and agrees:
1. The recitals set forth above are hereby incorporated as substantive to this Amended Restriction
. Covenant.
2. Reference in 2016-00684, the deed, or Partition Plan No. P-32-3000 to the original condition of
approval for Parcel 7 from PA 99-048 on 11/9/1999, which,specifically reads:
•
"Parcel 7 is restricted from further development or land division until Grantor obtains a
determination from the Department of Environmental Quality that the property meets
cleanup standards applicable to a single residential property. Thereafter, development of
or any subdivided parcel cannot occur until Grantor obtains a determination from the
Department of Environmental Quality that the'property meets cleanup standards
applicable to the use.proposed for the subdivided parcel. Grantor will provide written
document from the Department of Environmental Quality demonstrating compliance with
these standards to the City."
is removed as a condition and replaced with the amended condition that is a final land use decision as
approved by the Planning'Commission in Planning Action PA-T2-2023-00042 as follows:
`Parcel 7 is restricted from further development or land division until Grantor obtains a
determination from the Department of Environmental Quality that the property meets the
cleanup standards consistent with the current and likely future land use zoning for the
property, consistent with the DEQ Urban Residential exposure standard. Thereafter,
development of any subdivided parcel cannot occur until Grantor obtains a determination
from the Department of Environmental Quality that the property meets cleanup standards
applicable to the use proposed for the subdivided parcel. This covenant will be removed ,
from the property, and/or any subdivided parcel(s), upon the grantor providing the City
written documentation from the Department of Environmental Quality demonstrating
compliance with these standards to the City.
3. Except as modified above the terms of the City of Ashland Planning Action 99-048 and PA2016-
000684 shall remain in full force and effect.
CITY OF ASHLAND: , OWNER: UNION PACIFIC RAILROAD
•
By: - l By r•`i'j,N� �rk
J sep . essard, C'. ,Manager
Assistant Vice President-Real Estate
•
M1 � OFFICIAL STAMP
DANA'SMITH
NOTARY PUBLIC-OREGON
L0
o COMMISSION NO. 1006013
MY COMMISSION EXPIRES NOVEMBER 11,2024 Notary Public for Oregon
10e.b My Commission Expires: ' 1 I ) av)-(-1
cco
STATE OF OREGON )
pvu4.4, ) ss.
County of Jsan ) 1 //►► 1
Personally appeared before me this40day of J kA.A.) , 2023, 1+�t1S. ��(o<<'
A V 4- t 91-‘0%44, , and acknowledged the foregoing instrument to be their
voluntary act and deed.
Notary Public for Orcgen Na•bn►s.k t
My Commission Expires: AuelZSia0
� GENERAL NOTARY-State of Nebraska
GREGG A.LARSEN
*" My Comm.Exp.August 28,2024