HomeMy WebLinkAbout1994-107 LID Agrmt - Westwood94-40614
CITY OF ASHLAND, OREGON
AGREEMENT
OWNER: Anna M. Hassell ADDRESS:
Janos Markus
25 Westwood Street, Ashland OR
PROPERTY: 39 1 E 8
TWP RANGE SECTION
STREET ADDRESS; 25 Westwood Street, Ashland OR
SBA
ASSESSOR'S MAP #
900 (Parcels 1, 2 & 3)
TAX LOT #
PLANNING ACTION 94-087 Minor Land Partition October [5~J994
PA# TYPE 1 DATE
As the owner(s) of the property iisted above, i/we hereby consent to the following improvements, dedication, or other
actions as required by the City of Ashland, and agree to bear the proportionate payment of associated costs. This
Agreement is to be binding upon myself/ourselves, my/our heir(s), executors, and assigns, and it is my/our express intention
that this Agreement shall run with the land, so that fulfillment of the items listed below shall be binding upon future owners
of the property. This consent is in consideration of APPROVAL OF A MINOR LAND PARTITION.
IMPROVEMENT, DEDICATION OR OTHER ACTION:
AGREE TO PARTICIPATE IN THE LOCAL IMPROVEMENT DISTRICT FOR THE FUTURE
IMPROVEMENT OF WESTWOOD STREET, INCLUDING CURB, GUTTER, PAVING, SIDEWALKS AND
STORM DRAIN; AND AGREE NOT TO REMONSTRATE TO THE FORMATION OF SUCH LOCAL
IMPROVEMENT DISTRICT; AND AGREE TO PAY ASSIGNED SHARE OF SUCH DESIGNATED
IMPROVEMENT COSTS.
SEE ATTACHED DEED (EXHIBIT "A").
DATE
DATE
STATE OF OREGON )
County of Jackson ~.j~_ )
Onthis~.~/_da~of_ (.9 ~4 ~.~. (.~...~_~ , 19¢fC';beforemepersonallyappearedC,_/[~_.~. z~,z~ s~ ¢ 0 ,whoseidentity
was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and ack~lowfedged
that he (she)(they) executed the same.
NOTARY PUBLIC FOR O~EGON
. 94-40614
94-31653
WARRANTY DEED
Anna M. Hassell and Janos P. Markus, Grantors, convey and warrant to the City of
Ashland, Oregon, Grantee, the real property described on the attached Exhibit A, free of
encumbrances except as specifically set forth in this deed.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE
LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT
TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true and actual consideration for this conveyance shall consist of the following
items to be furnished by Grantee for the single family residence now located on Grantors'
property adjacent to the property conveyed in this deed: 1) Two standard 4" sanitary sewer
service to Grantors' property line; 2) Two 3/4" water service from new city water line when
installed adjacent to Grantors' property line; and 3) Water and sewer system development
charges and plumbing permit fees owed by Grantors to City for the connection to City's
sewer and water systems for the above listed services.
In addition, Grantors shall not be required to pay any street improvement and utility
construction assessments imposed upon Grantors' property adjacent to the property conveyed
in this deed that result from the formation of a local improvement district for the construction
of Westwood Street. The consideration described in this paragraph and in paragraphs
numbered one, two and three above are personal to the Grantors and are not covenants which
run with the land or considerations which bind Grantee to any susequent purchaser of
Grantors' property.
this ]/-/t//1 day
DATED
by Anna M. Hassell, attorney-in-fact for Janos P.
Markus
STATE OF OREGON )
County of Jackson )
This instrument was acknowledged before me on the /~/~2~ day of ._.}z-,J~l , 1994, by
Anna M. Hassell and Anna..M' Hassell, :71~t °n be_ihalf °f Jan°s e'. Markus'
..... Comlnission expires:
PAGE 1-WARRANTY DEED
94-40614
· 94-31653
EXHIBIT 'A'
CF~NTERL I N~E DESCRIPTION FOR STP~EET RIGHT-OF-WAT
EXTENSION of WESTI4E~D STREET
Commencing at a found 2 inch diameter Iron Pipe with 6ross
dish in top situated at the ACCEPTED Quarter Corner convnon to
Wi££amette Base and Meridian, Jackson County, Oregon;
THENCE South O0 degrees 13 minutes 53 seconds East for
distance of 1333.07 feet to a 5/8 inc~ iron rod situated at
point cottenon to those Boundary Lines 6y Agreement recorded as
Document Nos. 75-07062 and 78-11551 in the Offlciaf Records of
Jachson County, Oregon;
THENCE North 16 degrees 26 minutes 26 seconds West along
Boundary Line 63 Agreement as set forth i~ Document No. 78-11551
of the Offlcla£ Records of Jackson County, Oregon for a distance
of 547.11 feet to a 5/8 inch Iron Rod;
THE_WcE North 89 degrees 55 minutes 55 seconds West along said
Boundary Line 5y Agreement for a ~ista~ce of 34.50 feet to
Southeasterly right-of-way fine of Westwood Street, i~ t~e City of
Ashfand, Ore~o~;
TH~CE contln~n~ a[o~ sai~ A~reeme~t Line, Nort~ 89
55 mi~tes 55 seconds West for a distance of 15.00 feet to ~ 5/8
i~c~ Iron Rod situated at the Southeast corner of t~e C.B.
tract a~ set fortA i~ Vo~ 6~ Page 132 of t~e Deed Records of
JacEso~ Co~xty, Ore~o~ ~n~ 5ei~g co~ to t~e So~t~er~y right-of-
w~y ~ine of Westwoo~ Street and as set fort~ o~ t~et Flied
No. 7633 for Wi([i~m H. K~ee6one, Jr. date~ J~e 1, 1978;
TH~CE /e~vlng said agree~t fine ~nd co~tinuing afo~g t~e
$o~i~er~y ~o~ndary iine of the C.B. French tract, as set
~erei~afiove~ w~i~ is co~ to t~e Southerly rlg~t-of-~ay iine of
Westwood Street, ~ort~ 89 ~egrees 55 min~te5 55 seconds West for
dista~ce of 31.00 feet to t~e TR~ ~I~ OF B~I~ING of
center(ina of the street right-of-way w~ic~ is the sufiject of
descriptio~ a~d being 56.00 feet i~ width, 18,00 feet o~ eac~ side
of, w~e~ measured ~or~f t~erefrom, t~e following descriSed
THENCE South O0 degrees 04 minutes 05 seconds West for a
distance of 343.34 feet to a point of curvature;
TH~x3qCE along a curve to the right having a radius of 115.00
feet and an arc length of i22.95 feet, 6elng sufitended ~y a chord
of Sout~ 29 degrees 55 minutes 06 seconds West for a distance of
117.47 feet to a point of tendency;
distance of 14.99 feet to a point of eurVut~re;
Ttt~.~CE a£o~g a c~r~e to t~e (eft ~avln9 a radius of ~2.00
feet and a~ arc [ength of 85.87 feet, 6elng su6tended 6y a chord
of Sout~ 29 degrees 46 min~te~ 07 seconds West for a distance of
82.00 feet to a point of tendency;
THENCE So,th O0 degrees i3 minutes 53 seconds East for a
distance of 0.i15 feet to tAe tr~st Nort~er£y centergine point of a
36.00 foot wide street, said common center£ine po[n~ bears Nort~
89 degrees 5I minutes 44 seconds West for ~ dist~ce of 18.00 feet
94-40614
94-31653
CENTE/LL IN]~ DESCRIPTION FOR
EXTENSION OF WES23~OOD STREET
page 2
STREET
RIGHT-OF-WAT
from a 5/3 inch Iron Rod situated at the North'~est corner oI
parcel NO. I as sho~ on that MAJOR LAND pARTITION filed for
record the 14th day of April, 1987 and recorded in Volume 2,
86 of "Major Land partitions" in jachson County, Ore,on, the
centerllne of this description there termlnating.
A~SO, Road Slope and Public Utility Easements over, across and
through a strip of land i0.0 feet i~ width situated Westerly of
and co~tlg~ous to, when measured ~ormal therefrom, the Westerly
right-of-way line and Easterly of and contlg~ous to, when measured
normal therefrom, the Easterly right of way line of the
~erei~above described street right-of-way. Extend and/or shorten
the sidelines of said easements to hlose apo~ the Northerly
boundary line of the Hassell-Martus ownership and upon the
Northerly boundary llne of that Major Land Partition filed for
pu6Cic record on the 14th day Of April, 1985 and recorded in
Volume 2, Page 86 of "Major Land partitions" in ]achson County,
Oregon, as required.
Anna M. Hassell
} Grantors
Janos p. Marius .....
( PROFESSIONA .
EJOqlBIT
January 24, 1994
C94TO2.le9
RECORDING REQUESTED 0Y .,
JOCKsorl
JANOS P. ~RKUS Rec~de~
O~ICIAL
~ ~co~o~o u~t ~o RECORDS
Anna M. Hassell --
24542 Jutewood Place ~)HLEEN.
E1 Toro, CA 92630
{SPACE AOOVE TH~S [IN~ FOR REC0~0ER'S
POWER 0 F ATTORNEY - GENERAL [inc).d., optional DURABLE POWER OF ATTORNEY]
KNOW ALL PERSONS BY THESE PRESENTS' That I. JANOS P. MAR~Cd$
undersigned (jomlly or severally, il m,~re lhan one) hereby make, consfi{ule and appoinl ANNA M. HASSELL
my lrue JJld I,:)wlul Allorndy [or meand m my name. place and slead and Jor my use and beneJit
(al TO ask. dem,lnd, sue loc recover, co:loci and recewe each and every sum of money, debI. accounl, legacy, i~quesE inleresl, dw;cend, annul~ and
demand [whmch aOw ms O~ heteaUel shat) b~/ome due. owmng Or payable) ~longlng to or ~lalmed by me, and Io use and Jak~ ~Ay la~uJ means for Ihe recove~
lhereoJ by legal process Or oJhe~lse, and lo e~ecu:e and dehver a saJ~sfac)lo~ o~ release IheFeJoL I~eJhe/with I~e ftghl a~d ~wet I0 compmm*se or c~und any
(c) lo exe~cmse 8ny m all dj Ihe Jol)owlng poweFs Js lo all kinds dj ~eFsonJJ pro.dy ~nd g~s. wares 8nd merchandise, ChOSeS mn 8chon 8nd O~h~F p~o~My m
pOSSeSSiOn OIm Jcbo~ lo conI~JCI IOF. Ouy sell. exchange. IFJnslet 8nd mn any )egJJ mJnne~ deal m and wdh lhe ~me. 8nd Io mod~Jge I;~ns)e~ mn IFus). oF
olhe~mse encumbe~ or hypolhecJle Ihe same lo secure pjymenl dj 8 negohjble OF non negohJbie nolo DF pedmmance ot any obhgabon oF jg.eemenl
(d) TO borrow money ~nd ~o ex~culB J~d o?hve~ negoImJble O~ non.negohJbJe noIes 1heFetor w~Ib or w~lhoul Secun~. and Io IojA money ~n~ r~emve negobJble
oF non-negohJbie noJes lheFeJOr Wljb SUC~ securmIy 8S he/she sha)l deem prOOF.
(gl aSh,ko ~1 noI ,~OphcJb)e I Thins Power dj AI1omey shall noI be ~Hecled by subsequord incJ[)Joly ot lhe p~mncmojl ~and shall FemjJn eHechve for J
94-40614
Recof~e~
C3+I:ICI^L RECO~
NOV 1 4
~THLEN S. BEC~