HomeMy WebLinkAbout2010-003 Road Maint Agrmt - Minasian
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Jackson County Official Records 2009-046785
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CnI=l SIn=7 WALKERCb2/18/2009 01 :29:42 PM
S2000 SlO.00 $5.00 Sll.00 S15.00 Total :$61.00
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01406565200900467850040049
Recording Reauested Bv:
Souren Minasian and Rina Minasian
625 Holly Street
Ashland, OR 97520
I, Christine W"lker, County Clerk ror Jackson County, Oregon, certify
that the Instrument Identlfled herelnwils rec;orded Inthe Clerk
records.
Christine Walker - County Clerk
After Recording Return To:
Jennifer A. Bridges, Attorney
Davis, Hearn, Saladoff & Bridges, P.c.
515 E. Main St.
Ashland, OR 97520
ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT is entered into this Iv fit day of DPc
, 20~, by SOUREN MINASIAN and RINA MINASIAN (collectively, the
"Minasians"), as owners of both parcels described on the attached Exhibits "A" and "B".
RECITALS
WHEREAS, an easement over a private road (the "Private Road") for ingress/egress and
private utility was created per Partition Plat No. P - L/ 3 - 2~DCj , and recorded in the
Official Record of Jackson County, Oregon on the 1'R'.2 day of 1Jpc-e wJJer; 20 0'1
AND WHEREAS, the Minasians are currently in title to both of the parcels described on
the attached Exhibits "A" and "B";
AND WHEREAS, this Road Maintenance AgreeI!lent is intended to clmify each parcel's
respective obligation for maintenance, repair, and replacement of the Private Road;
NOW, THEREFORE, Declarant provides the following:
1. Maintenance
The expenses of maintaining and repairing the Private Road, including, but not limited to,
regular and reasonable paving and screening, shall be shared equally by the owners of the parcels
described on Exhibits "A" and "8"; provided, however, that each owner of the respective parcels
shall be solely responsible for repairing any damage that the pmiy, or his or her individual family
members, guests, agents, or employees, shall cause to the Private Road.
LAW OFFICES OF
DA VIS, HEARN, SALADOFF & BRIDGES
A Professional CQfporation
515 EAST MAIN STREET
R d M . A I ASHLAND, OREGON 97520
oa allltenance greement. - - (5411482.3111 FAX (5411'''.4455
. 2. Miscellaneous Provisions
2.1 Use Restrictions. The Private Road shall be used only for the purposes set forth
herein, and neither shall be obstructed for any purpose, unless with prior written consent of the
owners of both parcels.
2.2 Indemnification. Each party hereto agrees to defend, indemnify, and hold all other
owners of the respective parcels harmless from and against any and all losses, claims, demands,
or other liabilities whatsoever arising out of said party's own use of the Private Road, or use by
said party's guests, agents, or employees. Each party assumes all risks arising out of said party's
own use of the Private Road and none of the parties hereto shall have any liability as among
themselves for any condition existing thereon.
2.3 Attornev Fees. In the event suit or action, or appeal thereon, is initiated respecting
this Agreement, the losing party or parties shall pay the prevailing party or parties reasonable
attorney fees, whether incurred in mediation, arbitration, at trial, or on appeal, as determined by
the court.
2.4 Severabilitv. The invalidity of any of the covenants and restrictions, or portions
thereof, as contained in this Agreement shall not affect the validity of the remaining provisions
and pOltions thereof, which shall remain in full force and effect. .
IN WITNESS WHEREOF, this Road Maintenance Agreement has been executed on the
date first above written.
SOU
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STATE OF OREGON )
) S
COllllty of JACKSON )
Personally appeared before me the above-named SOUREN MINASIAN and RINA
MINASIAN, who acknowledged the foregoing instrument to be their voluntary act and deed.
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No ary Public for Oregon
My Commission Expires: 1'- l;g ./1
. OFFiCIAL SEAL
. NANCY E. SLOCUM
'. / NOTARY PUBUC.OREGON
...... "." COMMISSION NO. 421357
MY COMMISSION EXPIRES Sl'PT. 18. 2011
LAW OFFICES OF
DA VIS, HEARN, SALADOFF & BRIDGES
A ProfessionalCorporalion
515 EAST MAIN STREET
R d M . A 2 ASHLAND, OREGON 97520 -"l
oa a1l1tenance greement - - (5411482.3111 FAX (541)468..4455 ,(7\.--'
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Exhibit A
Parcel No. One (1) of Partition Plat No. P- 43.2t\Y1, recorded l)"a....J>.u 1'5, 'Ul6~ , in Record
of Partition Plats in Jackson County, Oregon, and filed as Survey No. 20 S "':3 , in the Office
of the County Surveyor.
Road Maintenance Agreement -3-
LAW OFFICES OF
DAVIS, HEARN, SALADOFF & BRIDGES
A Professional Corporalion
515 EAST MAIN STREET
ASHLAND, OREGON 97520
(541)482-3111 FAX (541)486.4455
3
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Exhibit B
Parcel No. Two (2) of Partition Plat No. p-4 S -'2LX1'1recorded D(>a.....~.pr I?; 2fYJ<), in Record
of Partition Plats in Jackson County, Oregon, and filed as Survey No. ?()5 {,r,2, ,in the Office
of the County Surveyor.
LAW OFFICES OF
DAVIS, HEARN, SALADDFF & BRIDGES
A Professional Corporation
515 EAST MA!N STREET
ASHLAND, OREGON 97520
(541)482-3111 FAX(541)4BS-4455
Road Maintenance Agreement -4-
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CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO: Barbara Christensen
City Recorder
DATE: 01/01/2010
PROJECT: Minasian land partition
JOB NO.: N/A
SUBJECT: Document for filing
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
I. Original recorded public utility and Drainage way easement over property located at 625
Holly Street to be filed.
2. Copy of a private road maintenance agreement pertaining to that same lot (this in not a City
document)
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: A copy of the recorded road maintenance agreement is also enclosed.
This document was required as a condition of planning approval but it does not have any City
obligations or responsibilities and is basically a private document. If you do not want to file it in
with City documents, please discard it.
COPIES TO: Richard Best
Amy Gunter
Department OfPUbliC~S
By: James H. Olson
Title: Engineering Se ces Manager
PUBLIC WORKS
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5587
Fax: 541-488-6006
m: 800-735-2900
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