The URL can be used to link to this page

Home My WebLink About2004-258 Bld. Agrmt - Patterson RECORDING COVER SHEET PER ORS 205.234 Jackson County Official f~ecords 2005-013768 ~~~ 1 Stn=4 SHAWBJ 03/14/2005 10:36:28 AM $15.00 $5.00 $11.00 Total:$31.00 II 11111111 I 01096142200500137680030032 THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING ANY ERRORS IN THIS COVER SHEET DOES NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. I, Kathleen S. Beckett, County Clerk for Jackson County, Oregon. certify that the instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk AFTER RECORDING RETURN TO: Name and address of the person authorized to receive the instrument after recording, as required by ORS 205.180(4) and ORS 205.238. ~ at- ~.~ \ 1. NAMES OF THE TRANSACTION(S), described in the attached instrument and required by ORS 20S.234(A) NOTE: Transaction as defined by ORS 205.010 -means any action required or permitted by state law or rule f deral law or regulation to be recorded including, but not limited to, any transfer 1- 2 . Grantor(s) as described in ORS 205.160. 3. Grantees(s) as described in ORS 205.160. 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee titJe to any estate and all memoranda of such instruments, reference ORS 93.030. . 5. UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: for instruments conveying or contracting to convey fee titJe to any real estate reference ORS 93.260. CITY OF ASHlAND, OREGON AGREEMENT OWNER: Lucinda Perry Patterson ADDRESS: 610 Orchard, Ashland, OR 97520 PROPERTY: 39 TWP 1E RANGE 05 SECTION CD ASSESSOR'S MAP # 605.606 TAX LOT # (s) STREET ADDRESS: 610 Orchard St DATE: October 7. 2004 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As the owner(s) of the property listed above, I 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. ACTION: In consideration of the mutual promises set forth herein, the parties agree as follo\tvs: (1) Grantor will deposit $21,000 as security with the City in lieu of a bond, to assure construction and operation of a fire hydrant within 600 feet of the furthest portion of the building envelope of an Accessory Residential Unit ("ARU") located at 610 Orchard Street, Ashland, Oregon, (Tax Lots 391 E05CD 605 & 606). (2) Grantor will begin construction of a fire hydrant, as specified by the Ashland Municipal Code ("AMC"), no later than six (6) months from the date of the granting of a building penmit, by the Grantee, for an ARU, UNLESS another person, not party to this agreement, has previously completed or begun construction of a fire hydrant that meets the requirements for Grantor's Permit #BD-2004-01189. (3) In the event that a fire hydrant is NOT completed or is NOT in the process of being constructed, BY ANY PARTY (either the Grantor or any person NOT party to this a!greement), within 600 feet of the furthest portion of the building envelope of an ARU located at 610 ()rchard Street as required by the Uniform Fire Code 903.2 as amended in Ashland Municipal Code ("AMC") 15.28.070, the Grantee may, at its discretion, initiate construction of a required fire hydrant using the funds deposited by the Grantor as security, as required by Paragraph (1) of this agreement. (4) In the event that a fire hydrant is in the process of construction (by any party, including the Grantor), but is not yet completed eight (8) months from the date of the granting of a building permit to the Grantor, the Grantee, at its discretion, may, complete construction of the fire hydrant using the funds deposited by the Grantor as security, as required by Paragraph (1) of this agreement. (5) In the event that the Grantee elects to initiate and complete construction, or complete construction of the fire hydrant that is in the process of construction, and the total cost (which total cost may include up to 15 percent of the $21,000 for administrative costs) to the Grantee is less than the $21,000 deposited by the Grantor as security, the Grantee will return the remaining proceeds to the Grantee within thirty (30) days of completion of construction of the fire hydrant. If the total cost to the Grantee exceeds $21,000, the Grantor will be liable for the excess cost, and will pay the Grantee the excess funds within thirty (30) days of the completed construction of the fire hydrant. /,- (6) Grantor indemnifies and holds harmless Grantee in the event any person, other than the Grantor, is prohibited by the Grantee from developing property that would require the construction and installation of a fire hydrant, which would, if constructed would relieve the Grantor of the responSibilit~~ ~onstr.u~t~eqUired fire hydrant. -~ \~~ /,./ ((1// i . >LZ.. , " . sfft};AT (Grantor) , // "'----' . /v/~~ Lj' DATE / lo/ff!c( DATE STATE OF OREGON County of Jackson ) I j '. .J J '. I I_L I ,1 I..u' ~ fie t'la rrU(!,/'I"~ /ftU1fC4It On this L day of aU~ bV , 2~, before me personally appeared, C/~ 0 GI"),~,,"t , whose identity 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 acknowledged that he (she)(they) executed the same. 2 S'~) i . OFFICIAL SEAL i . . NANCY E SLOCUM .~ '. f. ) NOTARY PUBLIC - OREGON : \ \. ........ COMMISSION NO. 371650 : ..~.. MY COMMISSION EXPIRES SEPT. 18. 2007 OREGON MY COMMISSION EXPIRES: q-/~ -07 ',~t 3