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Home My WebLink About2024-006 Agrmt - OHCS 2200 Ashland St ShelterRecording Requested By and Return Recorded Document To: Jackson County Official Records 2024-001137 R-DR Stn=16 MORGANSS 01/19/2024 08:51:01 AM $10.00 $10.00 $13.00 $13.00 $11.00 $121.00 $60.00 $4.00 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 [OWNER] G of h�a�c1 AsV, larAqd I a�2 �j�5 Zo DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (this "Declaration") is made as of 3dclay of J 2023, by [OWNER] for the benefit of the STATE OF OREGON by and through OREGO HOUSING AND COMMUNITY SERVICES [OHCS] regarding the facility commonly known as'aaOD (ASk kwvl 5i [address], and more precisely described on Exhibit A attached hereto and incorporated by reference herein (the "Facility"). Pursuant to Emergency Order 23-02 (the "EO"), and in consideration for the receipt of funding to operate a low barrier shelter, OHCS has required that the following covenants be recorded against the Property. OWNER hereby agrees and imposes the following restrictions on the Facility: 1. Restrictions on Use. For the "Restrictive Use Period," as defined below, the Facility shall be used for housing focused activities as described in the EO, namely operation of a low and/or no -barrier nightly shelter for homeless individuals and households, allowing them to access shelter and related services without preconditions, including, but not limited to, sobriety, compliance with treatment plan, pets, or agreement to participate in any specific program(s), activity(ies), or class(es). "Housing focused activities" are activities that seek to lower barriers for people experiencing homelessness or housing instability, while ensuring the safety and support of both staff and clients. Sheltering in the event of severe weather is a "housing focused activity" and permissible under this Declaration. 2. Restrictive Use Period. The Restrictive Use Period shall be ten (10) years, commencing on the date that the Facility is acquired and continuing until December 31 of the tenth calendar year following the acquisition date. 3. Further Assurances. OHCS shall comply with any and all requests to remove this Covenant from the chain of title after the expiration of the Restrictive Use Period, including in the event of termination described below. Recording Requested By and Return Recorded Document To: [OWNER] CA" of Nhwtd Ab � ffy+n 5+ �4s �aX cl I aiz e�i-75 -to DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (this "Declaration") is made as of 3v4ay of J 2023, by [OWNER] for the benefit of the STATE OF OREGON by and through OREGO HOUSING AND COMMUNITY SERVICES [OHCS] regarding the facility commonly known as ad-10A (3Mk koaJ S� [address], and more precisely described on Exhibit A attached hereto and incorporated by reference herein (the "Facility"). Pursuant to Emergency Order 23-02 (the "EO"), and in consideration for the receipt of funding to operate a low barrier shelter, OHCS has required that the following covenants be recorded against the Property. OWNER hereby agrees and imposes the following restrictions on the Facility: 1. Restrictions on Use. For the "Restrictive Use Period," as defined below, the Facility shall be used for housing focused activities as described in the EO, namely operation of a low and/or no -barrier nightly shelter for homeless individuals and households, allowing them to access shelter and related services without preconditions, including, but not limited to, sobriety, compliance with treatment plan, pets, or agreement to participate in any specific program(s), activity(ies), or class(es). "Housing focused activities" are activities that seek to lower barriers for people experiencing homelessness or housing instability, while ensuring the safety and support of both staff and clients. Sheltering in the event of severe weather is a "housing focused activity" and permissible under this Declaration. 2. Restrictive Use Period. The Restrictive Use Period shall be ten (10) years, commencing on the date that the Facility is acquired and continuing until December 31 of the tenth calendar year following the acquisition date. 3. Further Assurances. OHCS shall comply with any and all requests to remove this Covenant from the chain of title after the expiration of the Restrictive Use Period, including in the event of termination described below. 4. Annual Certification. Annually, ACCESS will certify compliance with the Declaration by completion and submission of an annual certification on a form supplied by OHCS. 5. Survival. The covenants contained herein survive the expiration and termination of this Agreement until the conclusion of the Restrictive Use Period unless otherwise terminated. 6. Waiver. OHCS may waive any of the Covenants herein in its sole discretion. 7. Termination. OWNER may terminate this Declaration with notice to OHCS in the event of the following: (1) OWNER fails to receive funding, appropriations, limitations, or other expenditure authority sufficient to allow the Owner, in the exercise of its reasonable discretion, to continue to operate the Facility; (2) federal or state laws, regulations, or guidelines are modified or interpreted in such a way that operation of the Facility and/or work permitted hereunder is prohibited from paying for such work from the planned funding source; and (3) OWNER determines that operation of the Facility is no longer tenable for any other reason. OWNER shall provide at least 60 days' notice to OHCS. 8. Effect. This Declaration shall run with the land. This Declaration shall bind and inure to the benefit of, as the circumstances may require, not only the immediate parties hereto, but also their respective heirs, executors, administrators, and successors in interest. OWNER AO� SoVi &. tbf+a) STATE OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on this �� day of -2a25-� by Qt. � ri �(yl�,.�o.��(name), �!u�� (authority), on behalf of said entity. OFFICIAL STAMP DANA SMITH NOTARY PUBLIC-OREGON COMMISSION NO. 1006013 W COMMISSION EXPIRES NOVEMBER 11, 2024 0"=,(- 2,n�jn _�� Notary Public for Oregon My commission expires: kI.II,ao�� APN:10080931 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Jackson, State of Oregon, described as follows: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14 IN TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE SOUTH 890 54' 50" EAST (RECORD EAST), ALONG THE NORTH LINE OF SAID SECTION, 1080.0 FEET; THENCE SOUTH 01 05' 10" WEST (RECORD SOUTH) 30.0 FEET TO A 5/8" IRON PIN ON THE SOUTH LINE OF OREGON STATE HIGHWAY NO. 66; THENCE CONTINUE SOUTH 00 05' 10" WEST (RECORD SOUTH) 60.0 FEET TO A 5/8" IRON PIN FOR THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 11' 05" EAST (RECORD SOUTH 00 10" EAST) 191.615 FEET TO A 5/8" IRON PIN ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE CONTINUE SOUTH 00 11' 05" EAST 85.43 FEET (RECORD SOUTH 00 10" EAST 85.19 FEET) TO A 5/8" IRON PIN ON SAID NORTHEASTERLY RIGHT OF WAY LINE OF AFOREMENTIONED RAILROAD; THENCE NORTH 551 12' 30" WEST, 475.415 FEET (RECORD NORTH 55° 25' WEST 473.70 FEET), ALONG SAID RIGHT OF WAY LINE, TO A 5/8" IRON PIN ON THE EAST RIGHT OF WAY LINE OF CLAY STREET THENCE NORTH 01 11' 50" WEST 6.36 FEET (RECORD NORTH 5.94 FEET) TO A 5/8" IRON PIN; THENCE SOUTH 890 54' 50" EAST 389.555 FEET (RECORD EAST 390.0 FEET) TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE ABOVE DESCRIBED TRACT CONVEYED TO THE STATE OF OREGON, BY AND THROUGH ITS STATE HIGHWAY COMMISSION IN DEED RECORDED AS NO. 72-07875 OF THE OFFICIAL RECORDS OF JACKSON COUNTY, OREGON. NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 1, 2008