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HomeMy WebLinkAbout1995-071 Restrictive Covenant - Jean95-20309 CITY OF ASHLAND ENGINEERING DIVISION RESTRICTIVE COVENANT The undersigned for themselves, their heirs, assigns, executors, and administrators covenant with the City of Ashland, Oregon, with respect to the land as described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof, that they will not partition, subdivide, nor apply for a partition or subdivision, nor will they lease, rent, give an option to buy or allow the use of less than the whole of the land as described in Exhibit "A". Upon annexation of the land as described in Exhibit "A" to the City of Ashland, this Restrictive Covenant shall automatically terminate. The undersigned warrm~t and represent to the City of Ashland that they are the owners or contract purchasers of land situated in the County of Jackson, State of Oregon and as described in Exhibit "A", as set forth herein above. The covenant contained herein shall run with the land as described in the attached Exhibit "A" and shall also inure to the benefit of the City of Ashland, Oregon. The consideration for this covenant is the furnishing of sewer services to the land set forth in Exhibit "A" while it is outside of the City of Ashland, by the City of Ashland Oregon. Dated this l~r~day of ~L2w , 1995. Signature: Signature: Wink R. Jean, Owner State of Oregon ) ) County of Jackson ) SS: Personally appeared the above named James E. Jean and Wink R. Jean and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission expires: (¢: \engineer\jeanmov .doc) 39 1E 11 TAx LOT 501 95-20309 Beginning at the point of intersection of the centerline of Nell Creek with the East line of Lot 9, Section 11, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, which point bears 108.0 feet South of the Northeast comer of said Lot; thence along the centerlin.e of Nell Creek as follows: Noah 57° 07' West, 198.93 feet; thence Noah 59° 00' West, 85.80 feet; thence leaving said Creek, South 30° 00' West, 140.54 feet to a point on the Northerly line of East Main Street; thence along said line South 30° 38' East, 613.11 feet to the intersection of said Street line with the East line of said Lot; thence North, along the East line of said Lot 9, a distance of 497.97 feet to the point of beginning. ALSO: Beginning at the Southeast comer of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, said comer also being the Northeast comer of Government LOt 9, in Section 11 in said Township and Range; thence South along the East line of said Lot 9, a distance of 108.0 feet to the center of Nell Creek; thence along said Creek centerline as follows: North 57° 07' West 198.93 feet; thence North 59° Off West 135.86 feet; thence North 18° 00' East 79.0 feet; thence North 31° IX)' West 206.50 feet; thence North 32.02 feet to a point on the North bank of said Creek; thence South 59° 23' East 435.70 feet to the East line of said Claim No. 48; thence South along said Claim line 270.0 feet to the point of beginning. LESS AND EXCEPTING THEREFROM the following described property: Commencing at a point on the East boundary of Donation Land Claim No. 48, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, said point being South 0° 00' 50" East, 2707.77 feet from the Northeast comer of .said Claim No. 48; thence to and along the Northeasterly boundary of tract described in Volume 508, Page 73, Jackson County, Oregon, Deed Records (as said tract was found to be monumented with 3/4 inch iron pipes) North 59° 23' West 306.33 feet; thence South 39° 32' East 414.22 feet; thence along the East boundary of said Claim No. 48, North 0° el0' 50" West to the point of beginning. EXCEPTING THEREFROM the above described property lying Easterly of the following described centerline description: Commencing at the Northeast comer of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 00° 130' 02" West along the East line of said claim, 2871.68 feet, to a point on the Northwesterly boundary of the City of Ashland Airport; thence North 39° 30' 53" West (Record North 39° 32' West) along said Northwesterly boundary 63.62 feet to the true point of beginning; thence South 29° 00' West 141.30 feet to a 5/8 inch iron pin witness comer; thence continue South 29° 00' West 109.83 feet to a 5/8 inch iron pin; thence South 37° 59' 10" West 155.47 feet to a 5/8 inch iron pin located on the Easterly right of way of East Main Street, there terminating. Jackson County, Oregon Recorded OFFICIAL RECORDS dUI. 2 5 1995 ?M KATHLEEN S. BECKETT CLERK and RECORDER By __ /,~L~ Deputy FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: NAME OF PARTIES: Restrictive Covenant Grantor: James E, Jean Wink R. Jean Grantee: City of Ashland DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 TRUE AND ACTUAL CONSIDERATION: $ .00 LOCATION: 39-1E-11, Tax Lot 501 UNTIL A CHANGE IS REQUESTED, SEND Barbara M. Christensen, City Recorder, TAX STATEMENTS TO: 20 East Main, Ashland, OR 97520 (c:\engineer~jcrecord.frm)