HomeMy WebLinkAbout2001-025 Easement Amdmt-OredsonAMENDMENT TO CORRECTIVE EASEMENT
This Amendment to Corrective Easement ("Amendment") is dated
2001 and is intended to amend that certain Corrective Easement granted by the City of
Ashland ("Grantor") to Vincent L. Oredson and John D. Todd, and their respective
heirs, successors and assigns (collectively, "Grantee"), recorded in the office of the
Jackson County Recorder on September 15, 1983 as Document No. 83-15765
(hereinafter, the "Corrective Easement").
RECITALS:
A. Under the terms of the Corrective Easement, Grantor granted easement rights
appurtenant over certain property, as set forth in the Corrective Easement and more
fully described below as the "Burdened Property", for the benefit of four separate legal
parcels, described in the Corrective Easement as Parcel 1, Parcel 2, Parcel 3 and Parcel
4 (also referred to therein as Parcel One, Parcel Two, Parcel Three and Parcel Four).
B. The Corrective Easement states: "Use of the Easement by Grantees is limited to one
(1) single family residence and farm use on each of Parcels One, Two and Three above
described. As for Parcel Four, the use is limited to it being by the Southern Oregon
Nature Conservancy or other public entities for recreational and open space use only."
C. Parcel 2, as defined in the Corrective Easement and more fully described below as
the "Benefited Parcel", is currently owned by Robert Shelton, Barbara Shelton, Michael
Hogan and Linda Hogan ("Owners"). Owners are completing a land partition of the
Benefited Parcel, creating two separate legal parcels thereon (the "Divided Lots"), each
of which shall be entitled to be developed with a single family residence and related
improvements.
D. Grantor and Owners desire to amend the Corrective Easement to permit use of the
easement rights granted therein for up to two (2) single family residences and farm .uses
on the Benefited Parcel, without otherwise amending the terms of the Corrective
Easement, so that each of the Divided Lots may enjoy the benefits of the Corrective
Easement.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION,
GRANTOR AND OWNERS AGREE AS FOLLOWS:
1. Amendment. Notwithstanding anything to the contrary contained in the Corrective
Easement, use of the easement rights granted by Grantor to Grantee under the terms of
the Corrective Easement with respect to the Benefited Parcel is hereby amended to
permit the use of the easement rights granted therein for up to two (2) single family
residences and farm uses on the Benefited Parcel.
2. Miscellaneous. Except as amended hereby, the Corrective Easement shall remain in
full force and effect as written. The terms and provisions of this Amendment shall be
binding upon and inure to the benefit of the parties hereto and their respective heirs,
successors and assigns. The parties hereto shall execute and deliver such other
documents and take such other reasonable actions as may, from time to time, be
required to effectuate the intent of this Amendment.
This Amendment relates to the following described lands situated in the County of
Jackson, State of Oregon:
"Burdened Property"
Commencing at the southwest comer of Lot 3, Block 5, Mountain Ranch Subdivision
Unit No. 4, of the City of Ashland, Jackson County, Oregon, according fo the official
plat thereof now of record, thence South 63°00'21" West 35.19 feet to a point on the
boundary line of said Mountain Ranch Subdivision Unit, the Tree Point of Beginning:
thence a strip of land one foot wide, the westerly boundary of which bears South 21°01
'37" East, 4.925 feet; thence of which bears South 23°39'19' East, 42.17 feet along the
westerly end of Lupine Drive; also shown on said plat as the one foot wide street plug at
the westerly end of Lupine Drive.
"Benefited Property"
The West ½ of the Southwest ¼ of the Northwest ¼ of Section 23, Township 39, Range
1 East.
IN WITNESS WHEREOF, Grantors and Owners have set their hands on the day and
year first above written.
OWNERS:
GRANTOR:
Robert H. Shelton
Barbara W. Shelton
Michael Hogan
Linda R. Hogan
City of Ashland, Oregon,
a municipal corporation
Title: [~lj20'Y~