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Home My WebLink About1999-145 Deed Restriction - Hull & Bank of SO3."/3 2O AGREEMENT AND DEED RESTRICTION THIS AGREEMENT is made this 7 day of/~]~'7~t/-~[_~,-, 1999, by and between the City of Ashland, an Oregon Municipal Corporation, hereinafter referred to as "City", LEO HULL, hereinafier rel~rred to as "Hull" and the BANK OF SOUTHERN OREGON, an Oregon Banking Corporation, hereinafier referred to as 'BOSO". RECITALS: l. Hull owns real property located at [474 Siskiyou Boulevard, Ashland, Oregon upon which a restaurant with a drive-up window is located. A legal description for the real property is attached hereto as Exhibit "A' and by this reference incorporated herein. 2. Hull holds a grandfathered drive-up permit from the City of Ashland to operate a drive-up window at the premises. This permit is fully transferrable and assignable to third parties. 3. Bank desires to obtain this drive-up permit in anticipation of developing a branch bank with a drive-up window in the City of Ashland. For the reasons recited above and in consideration of the following mutual promises and covenants, the parties hereby agree as follows: A. Hull hereby transfers to BOSO the drive-up permit recognized by the City of Ashland. Hull represents and warrants that he has good and sufficient right to transfer said permit to BOSO and that there are no liens, encumbrances or security interests on said permit. Hull agrees to obtain the consent of the holders of any underlying obligations to this transferr. City acknowledges that said drive-up permit is fully transfertable and assignable by Hull to BOSO, that BOSO will have the right to change the use of the permit from a restaurant drive-up to a bank drive- AFTER RECORDING, RETURN TO: GRANTLAND, GRENSKY & BLODGETT 204 WEST NINTH STREET MEDFORD OR 97501 I - AGREEMENT AND DEED RESTRICTION '3'3-53533 up and that said permit will not expire or terminate ifBOSO does not use the drive-up permit for an extended period of time. Nothing in this Agreement, however, shall relieve BOSO from, or constitute waiver of, land use requirements imposed by the City, including, but not limited to, those requirements in Ashland Municipal Code Section 18.32.025 E. B. Hull agrees that the drive-up permit will be transferred to BOSO as of---~,:, ,.~.-~.. "/, 1999 and that he and his tenant will discontinue using the drive-up window at the real property described in Exhibit "A" as of that date. Hull and City agree that the following shall be a deed restriction on the real property described in Exhibit "A": "The owner of the real property described in Exhibit "A" has transferred his drive-up permit and agrees that use of the drive-up window on the real property will terminate as of,--f'tc,~ ~/, 1999. The owner of the real property shall not be allowed to use the drive-up window unless and until the owner of the real property obtains transfer of a drive-up permit from a third party and the same is approved by the City of Ashland." C. The consideration for the transfer of the drive-up permit by Hull to BOSO shall be covered in a separate unrecorded agreement. D. In the event a suit or action is filed concerning this Agreement then the prevailing party shall be awarded their reasonable attorney fees as set by the trial court, or if on appeal, by the appellate court. E. The parties hereby incorporate by reference hhe recitals set forth above. CITY OF ASHLAND 2 - AGREEMENT AND DEED RESTRICTION 39-53533 ¢~~ing at a found 2" i:an pipe at ~h~"'accep~d southwest ~~ o~ ~e Will~tte ~i~i~ In ~a~son ~un~, Oragon, ~~ South 89'47'22' East (~ed ~~ East ~d South 89'50' East) alo~ .~e";.' soundly ~~ line o~ MAd ~nation ~nd Clam No. 45 (~d 623.40 ~est) 623.40 fee~, th~ce leaving said cl~ l~ne North 00'08'31~ Eas~ (~ed ~rd Noah) ala~ ~e bound~ l~ne co~n ~ Vol~' 87 .pag6 413 a~ Vol~ 9G page 576 o~ ~e ~d Re~rds o~ aackson ~~;":'0~gon (Deed R~rd 1207.90 f~) 1208.1 ~ ~ a N~n~ in the southwas~l~ righ~ o~ wa~ oE Sls~u ~evard, ~h~ce Sou~h 56'06'29' ~st (D~ RG~rd SOu~ 56'15'. ~s~) alo~ sa~d sou~hw~arl~ righ~ oZ wa~, 400.14 ~N~ ~o a 5/8" leon pin, wMch bs~s North 56'06'29" ~e~ 306 ~st~ the lntsrs~t~ 'o~ ~ w~l~ E~ght o[ wa~ of Walk~ ~v~uQ wl~h southuut~ly righ~ oE wa~ o~ Sis~u ~ulevard, th~ ~r~ 26'0g'29" ~st 24.~ feet; 't~ 5ou~ 33'53'31" Nest 51.65 feet to a ~int on the souSefly ~da~ of ~at pa~l ot l~ d~ti~d in Vol~ 429 pqe 271 o~ ~e ~ ~tds o~ Oa~son ~~, Oteg~; t~ce al~ ~e ~u~a~ o~ s~d p~l tM ~ollowing ~u:ses: No:~ 54'01'29 WMt (~d ~ ~'00' West) 81.05 ~ee~; No=th 28'04'29' West NO~ 28'11' Nut 22.54 ~t; No~ 33'53'31' East 128.14 feet ~ a 5/8" i~ pin on ~ 8ou~est~l~ ;ight o~ lane of Siski~u Boulev~d; along said right ot wa~ l~e South 56'06'29" East (Re~rd South 56'13' (~e 5-1, A~unt ~1-8836-9, ~p e391Z15~, T~ ~t ~4400-N) (~e 5-1, A~t t1-?0206-2, ~p e391E15~, Tax ~t Jackson County, Oregon Recorded OFFICIAL RECORDS 0CT208 9 20 AGREEMENT AND DEED RESTRICTION THIS AGREEMENT is made this __V__ day of []~'?t~'_/'--~t'~/, 1999, by and between the Ci~' of Ashland, an Oregon Municipal Corporation, hereinafter referred to as "City", LEO HULL, hereinafier referred to as "Hull" and the BANK OF SOUTHERN OREGON, an Oregon Banking Corporation, hereinafier referred to as 'BOSO". RECITALS: 1. Hull owns real property located at 1474 Siskiyou Boulevard, Ashland, Oregon upon which a restaurant with a drive-up window is located. A legal description for the real property is attached hereto as Exhibit 'A' and by this reference incorporated herein. 2. Hull holds a grandfathered drive-up permit from the City of Ashland to operate a drive-up window at the premises. This permit is fully transferrable and assignable to third parties. 3. Bank desires to obtain this drive-up permit in anticipation of developing a branch bank with a drive-up window in the City of Ashland. For the reasons recited above and in consideration of the following mutual promises and covenants, the parties hereby agree as follows: A. Hull hereby transfers to BOSO the drive-up permit recognized by the City of Ashland. Hull represents and warrants that he has good and sufficient right to transfer said permit to BOSO and that there are no liens, encumbrances or security interests on said permit. Hull agrees to obtain the consent of the holders of any underlying obligations to this transferr. City acknowledges that said drive-up permit is fully transferrable and assignable by Hull to BOSO, that BOSO will have the right to change the use of the permit from a restaurant drive-up to a bank drive- AFTER RECORDING, RETURN TO: GRANTLAND, GRENSKY & BLODGETT 204 WEST NINTH STREET MEDFORD OR 97501 I - AGREEMENT AND DEED RESTRICTION 'j'3-53533 up and that said permit will not expire or terminate ifBOSO does not use the drive-up permit for an extended period of time. Nothing in this Agreement, however, shall relieve BOSO from, or constitute waiver of, land use requirements imposed by the City, including, but not limited to, those requirements in Ashland Municipal Code Section 18.32.025 E. B. Hull agrees that the drive-up permit will be transferred to BOSO as of'--~,~ ~, 1999 and that he and his tenant will discontinue using the drive-up window at the real property described in Exhibit "A" as of that date. Hull and City agree that the following shall be a deed restriction on the real property described in Exhibit "A" : "The owner of the real property described in Exhibit "A" has transferred his drive-up permit and agrees that use of the drive-up window on the real property will terminate as of~t"t,-,~..,~--,,,~ r~ , 1999. The owner of the real property shall not be allowed to use the drive-up window unless and until the owner of the real property obtains transfer of a drive-up permit from a third party and the same is approved by the City of Ashland." C. The consideration for the transfer of the drive-up permit by Hull to BOSO shall be covered in a separate unrecorded agreement. D. In the event a suit or action is filed conceming this Agreement then the prevailing party shall be awarded their reasonable attomey fees as set by the trial court, or if on appeal, by the appellate court. E. The parties hereby incorporate by reference the recitals set forth above. CITY OF ASHLAND 2 - AGREEMENT AND DEED RESTRICTION 'j-q-53533 BANK OF SOU ERN REGON STATE OF OREGON ) County of Jackson ) SS. Personally appeared before me this Caf4erb t m. 5ho J , who C~iy~ou~nc~ of the CITY OF ASHLAND, and that said instrument was signed by authority, of its t 1. OFFICIAL SEAL RADA A, JACKSON NOTARY PUBLIC-OREGON COM,%MSSION 110.315001 MY COMMISSION EXPIRES SEP'K 12, 2002 __ day of Oc~ ~ 1999, the above named being duly sworn, did say that she is the Notary Public for 6re2 My Commission Expires: STATE OF OREGON ) County of Jackson ) SS. Personally appeared before me this 7 day of October ,1999, the above named LEO HULL and acknowledged the foregoing instrument to be his voluntary act and deed. My Commission Expires: August 24, 2001 STATE OF OREGON ) County of Jackson ) ss. V.P. Personally appeared before me this 7 day of October , 1999, the above named Steve Hussey who being duly swom, did say that he is the Loan Officer of the BANK OF SOiJTHERN OREGON, an Oregon banking corporation, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors. NO AR PUBLIC OREGON COMMISSION N~ A304145 Notary Pubhc for,0rego My ~omm~2s,or( · ' ' : LL US , Ag 124 2001 3 - AGREEMENT AND DEED RESTRICTION 39-53533 EXHIBIT Commencing at a found 2~ iran pipe at ~hs"'accep~d southwest corner ~t~on Land Cla~ ~. 45 in SaCion 15, To~ship'39 Sou~h, O{ ~e Wlll~tte ~i~i~ in Jabson ~un~, Cragon, ~~ South 89'47'22" East (bed ~rd East ~d South 89'50' Eas~) alo~ soundly ~~l~ne o{ ~d ~nation Land Clam No. 45 (~d 623.40 ~est) 623.40 fee~, th~ce leaving said cla~ l~ne Noah East (~ed ~rd Noah) alo~ ~e bound~ l~ne c~ ~ Vol~ 87.pa~ 413 a~ Vol~ 95 page 576 o~ ~e ~d Re~rds o~ Sackson (Deed R~rd 1207.90 f~) 1208.1 ~~ a ~nt in the southwes~l~ right of wa~ o~ Sis~u ~evard, ~h~ce Sou~h 56'06'29' ~st (D~ R~rd SOu~ 56'15'. Eas~) alo~ sa~d sou~hw~arl~ righ~ o~ the inters~t~'o~ ~ ~~l~ E~ght ot wa~ o~ Walk~ Av~uQ with ~uthwut~ly righ~ o{ wa~ o{ Sis~you ~ulevard, th~ ~r~ West al~g said ~uthw~l~ right o{ wa~ li~.lS0.00 Zest ~ t~ ~nt o{ b~l~lngx ~e9 ~ 33'53'31' W~t 77.91Z~t; ~~ South 26'0g"19' xas~ 24.23 {eet~'t~ Sou~ 33'53'31' West 51.65 {set to a ~ln~ on the sou~srl~ bo~da~ o{ tha~ paul o{ 1~ d~ri~d Vole ~29 p~e 271 o{ ~e ~ ~rd8 o{ Samson ~~, Oreg~ al~ ~ ~uMa~ o{ s~d p~ t~ {oilowing ~urses: Nor~ 54'01'29 W~t (~d ~ 54'00' WeN~) 81.0~ {aet~ North 28'04"29' West (R~rd No~ 18'11' Nut 22.54 {~t~ No~ 33'~3'~1' East 128.14 ~ pin on ~ 2ou~st~ll ~ght o~ line of S~ski~u Boulev~d~ along sa~d right o~ way 1~ South 5~'06'29' East (Re~rd South 56'13' (~a 5-1, X~unt e1-8836-9, ~p ~391E15~, Tu ~t (~e 5-1, A~t {1-70206-2, ~p {391ElS~, Tax ~t Jeckson County, Oregon Recorded OFFICIAL RECORDS 0CT2OIF Y~CLERK GRANTLAND, GRENSKY & BLODGETT ATTORNEYS AT LAW .James L. Grantland, Jr. Ronald D. Grensky Bryan E. Blodgett 204 WEST NINT!I MEDFORD, OR 97501-3196 (541) 773-8712 FAX (541) 770-1290 October 21, 1999 Mr. Paul Nolte City Attorney 20 E. Main Ashland, OR 97520 Re: Agreement and Deed Restriction Among City of Ashland, Leo Hull and Bank of Southern Oregon Dear Paul: Please find enclosed herewith for your records and files a copy of the recorded Agreement and Deed Restriction is the above referenced matter. Very truly yours, GRANTLAND, GRENSKY & BLODGETT rantland Jr JLG:ko Enclosure cc: Client 0C'f 2 6 19,9e