HomeMy WebLinkAbout1997-131 Restrictive Covenant - Ward9'~-4:,Y.'~0 3 ~D. Do
FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234
NAME OF TRANSACTION:
NAME OF PARTIES:
RESTRICTIVE COVENANT
Grantor:
George F. Ward
Eleanor O. Ward
537 Dead Indian Memorial
ASHLAND OR 97520
DOCUMENT TO BE RETURNED TO:
TRUE AND ACTUAL
CONSIDERATION:
UNTIL A CHANGE IS REQUESTED,
SEND TAX STATEMENTS TO:
Grantee: City of Ashland, Oregon
Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
-0-
Grantor at the above address
9~-.12703
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 warrant 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", (39-1E-12 Tax Lot 304), 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 water 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_~,,,z~? day of fj)/~)ff)//~ , 1997.
WARD FAMILY TRUST: Signature:
Signature:
Signature:
eorge F. Ward
State of Oregon )
)
County of Jackson )
SS:
Personally appeared the above named George F. Ward, Eleanor O. Ward and Glen M. Ward and
acknowledged the foregoing instrument to be t13e, i~ voluntary act and deed.
TAMARA STRICKLAND '~
NOTARY PUBLIC-OREGON Notary Public for Oregon
COMMISSION NO. 049420 My Commission expires: /'~ ~ - ~/~2:
MY COMMISSION EXPIRES DEC. 3, 1999
(c:\water~wardco,m.agr)
LT-59160
97-4Z703 a
TRACT A:
Commencing at the east-southeast corner of Donation Land Claim No. 52 in
Township 39 South, Range 1 East of the Willamette Meridian in Jackson
County, Oregon, thence North 0°14'15" East 271.10 feet, thence North
39'32' West 46.90 feet to a 5/8" iron pin on the west boundary of the
Dead Indian County Road, thence North 0°14'15" East, along said boundary,
781.59 feet, thence North 39°32' West 1770.59 feet to a point on the
northeasterly line of tract described in Volume 576 page 172 of the Deed
Records of Jackson County, Oregon, for the true point of beginning;
thence continue North 39"32' West, along said line, 1539.00 feet to a
point on the east boundary of Donation Land Claim No. 48, said Township
and Range, said point bears South 0°00'50" East 2085.49 feet from the
northeast corner of said Claim No. 48; thence along the center of Bear
Creek as follows: South 88"07' East 380.75 feet, South 61°51' East 219.28
feet, South 56'13' East 422.64 feet, and South 40"50' East 326.58 feet;
thence leaving said Creek, South 15'07' West 610.00 feet to the true
point of beginning. EXCEPTING THEREFROM the following: Commencing at the
northeast corner of Donation Land Claim No. 48 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence
South 0°00'50" East, along the east boundary of said Claim, 1551.18 feet
to the true point of beginning; thence continue South 0°00'50" East,
along said boundary, 534.31 feet; thence South 39°32' East 282.40 feet;
thence North 80°08'40" East 346.16 feet; thence North 18"37' East 140.47
feet; thence North 59"45' West 298.20 feet; thence North 16°56'50" West
313.41 feet; thence North 40°23'30" West 144.04 feet to a 5/8" iron pin;
thence West 123.48 feet to the true point of beginning. ALSO EXCEPTING
THEREFROM the following: Commencing at the east-southeast corner of
Donation Land Claim No. 52 in Township 39 South, Range 1 East of the
Willamette Meridian in Jackson County, Oregon, thence North 0°14'15" East
271.10 feet, thence North 39°32' West 46.90 feet to a 5/8" iron pin on
the west boundary of the Dead Indian CouQty Road, thence North 0"14'15"
East, along said boundary, 781.59 feet, thence North 39°32' West 1770.59
feet to a point on the northeasterly line of tract described in Volume
576 page 172 of the Deed Records of Jackson County, Oregon, for the true
point of beginning; thence North 15"07' East 563.87 feet to a 1/2" iron
pin on the south bank of Emigrant Creek; thence continue North 15"07'
East 46.13 feet to a point on the centerline of said Creek; thence along
said centerline, North 40°50' West 326.58 feet and North 56"13' West
97.57 feet; thence leaving said centerline, South 15°07' West 86.43 feet
to a 5/8" iron pin on the south bank of said Creek; thence continue South
15"07' West 480.13 feet to a 5/8" iron pin on the northeasterly line of
said tract described in Volume 576 Deeds page 172; thence South 39°32'
East, along said line, 445.09 feet to the true point of beginning. ALSO
EXCEPTING THEREFROM the following: Commencing at the east-southeast
corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East
of the Willamette Meridian in Jackson County, Oregon, thence North
0°14'15" East 271.10 feet, thence North 39°32' West 46.90 feet to a 5/8"
iron pin located on the west boundary of the Dead Indian County Road,
thence along said west boundary, North 0°14'15" East 781.59 feet, thence
North 39°32' West 2215.68 feet to a 5/8" iron pin located on the
northeasterly of tract described in Volume 576 page 172 of the Deed
Records of Jackson County, Oregon, for the true point of beginning;
thence North 15°07' East 480.13 feet to a 5/8" iron pin on the south bank
97-427O3
LT-59160 (continued)
approximate centerline of said Creek; thence alonG the. approximate
centerline of said Creek, North 56'13' West 148.92 feet to a point; thence
South 15'07' West 85.67 feet to a 5/8" iron pin on the south bank of said
Creek; thence South 15'07' West 428.47 feet to a 5/8" iron pin; thence
South 39'32' East 172.98 feet to the true point of beginning.
(Code 5-8, Account #1-11539-0, Map #391E12, Tax Lot ~304)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
NOV 13 1997
NI'Y CLERK