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Home My WebLink About2015-314 Declaration - Bemis Rev Lvg Trust Jackson County Official Records 2015-039044 R-DEC 11 /25/2015 09:47:33 AM RECORDING COVER PAGE PLEASE FILL OUT Cnt=1 MORGANSs PER ORS 205.234 COMPLETE AND S25 00 510.00 S5 00 $8 00 $11 00 Total :$83.00 LEGIBLE 520.00 $4.00 THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. 01694816201500390440050( 56 AFTER RECORDING RETURN TO: "hat Walker, County Clerk for Jackson County. Oregon, certify that the instrument t identified herein was recorded in the Clerk NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVE THE records. Christine Walker - County Clerk INSTRUMENT AFTER RECORDING AS REQUIRED BY ORS 205.180(4) AND ORS 205.238. Huycke O'Connor Jarvis, LLP 823 Alder Creek Dr, Medford, OR 97504 1. NAME OF THE TRANSACTION(S), DESCRIBED IN THE ATTACHED INSTRUMENT(S) AND REQUIRED BY ORS 205.234(A). NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited to, any transfer encumbrance or release affecting title to or an interest in real property". Declaration (Ashland Municipal Water Service) 2. Grantor(s) as described in ORS 205.160. City of Ashland 3. Grantee(s) as described in ORS 205.160. Ed Bemis, Trustee of The Ed Bemis Revocable Living Trust dated May 21, 2002 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any real estate and all memoranda of such instruments, reference ORS 93.030. No monetary consideration 5. UNTIL A CHANGE IS REQUESTED, All Tax Statements shall be sent to the following address: for instruments conveying or contracting to convey fee title to any real estate reference ORS 93.260. No chanae 6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f). FULL N/A PARTIAL N/A 7. LIEN DOCUMENTS: ORS 205.234 (1) (fl. Amount of Lien $ N/A Effective 03/20/2012 After recording return to: Daniel O'Connor Huycke O'Connor Jarvis, LLP 823 Alder Creek Drive Medford, Oregon 97504 Until a change is requested, all tax statements shall be sent to the following address: No Change. DECLARATION (Ashland Municipal Water Service) THIS DECLARATION is made this 'day of November, 2015, by Ed Bemis, as Trustee of The Ed Bemis Revocable Living Trust dated May 21, 2002, hereinafter called "Declarant", for itself, and its successors, grantees and assigns. Recitals A. Declarant is the record owner of certain real property located in Jackson County, Oregon, and commonly known as Township 39 South, Range 1 East, Section 12, Tax Lot 800, and more particularly described in Exhibit "A", attached hereto ("the subject property"). B. The Ashland Bible Church is the record owner of certain adjacent real property located in Jackson County, Oregon, and commonly known as Township 39 South, Range 1 East, Section 12, Tax Lot 801 ("the Church Property") C. There is an existing municipal water meter located on the subject property ("the Existing Meter"). There is a private water line serving the Church Property connected to the Existing Meter. The private line has been in existence for approximately 45 years. There is uncertainty concerning the ownership of the Existing Meter. The Declarant and the City of Ashland ("the City") have agreed to resolve this matter pursuant to the terms and conditions of this Declaration. Declaration NOW, THEREFORE, Declarant does hereby make the following deed declaration for the subject property, which shall constitute covenants running with the subject property and shall be binding on all persons claiming under such real property DECLARATION Page 1 of 3 and that this declaration shall be for the benefit of and limitation upon all future owners of the subject property. 1. Recitals. The above-stated Recitals are incorporated herein and deemed a material part of this Declaration. 2. Municipal Water Service. Declarant shall have the right to connect the subject property to the City's municipal water system for continuous water delivery service subject to the following conditions: (a) the Existing Meter will be relocated into the adjacent public right-of-way; (b) a new water meter designated for the subject property will be installed in the adjacent public right-of-way; and (c) Declarant shall pay one (1) residential service system development charge and one (1) hook-up fee to the City for the installation of the new water meter and connection to the City's municipal water system; and (d) Declarant shall be responsible for monthly and/or periodic service fees consistent with a typical residential customer for municipal water delivered to the subject property through the new water meter. 3. No Precedent. Declarant specifically acknowledges that the City's election to provide municipal water service to the subject property is due to unusual circumstances relating to the uncertainty of the ownership of the Existing Meter. The City's election to provide municipal water service to the subject property shall not constitute precedent for providing municipal water to any other real property located outside of the City's urban growth boundary. 4. City as Party. The City has reviewed and approved this Declaration and shall be deemed a party to this Declaration. This Declaration shall not be modified or terminated except by the express written consent of the owner(s) of the subject property and the City. 5. Miscellaneous. Declarant, at Declarant's sole expense, shall promptly cause this Declaration to be recorded in the Official Records of Jackson County, Oregon. This Declaration has been entered into in the State of Oregon and the subject property is located in the State of Oregon. Therefore, the parties agree that the laws of the State of Oregon shall be used in construing this Declaration and enforcing the rights and remedies of the parties. This Declaration sets forth the entire understanding of the parties with respect to the subject matter of this Declaration and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. Each party intends that this Agreement in all respects shall be deemed and construed to be equally and mutually prepared by all parties and it is hereby expressly agreed that any uncertainty or ambiguity shall not be construed for or against any party. DECLARATION Page 2 of 3 4 IN WITNESS WHEREOF, Declarant has executed this Declaration on the date set forth above. DECLARANT: Ed ' is, as Trustee of The Ed Bemis Revoca le Living Trust dated May 21, 2002 STATE OF OREGON ) ss. 2015 County of Jackson } Personally appeared the above-named Ed Bemis, as Trustee of The Ed Bemis Revocable Living Trust dated May 21, 2002, and acknowledged said instrument to be his voluntary act and deed. Before me: =DDECEMBER otary Publi fo Oregon GON y Commission MY COMMISSION 962015 Expires: La S REVIEWED AND APPROVED: uglas . McGeary Assi an City Attorney DECLARATION Page 3 of 3 V1 EXHIBIT "A" Beginning at a point on the west line of Donation Land Claim No. 53 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears 1100.00 feet North of the inside ell corner of said Claim; thence North, along said Claim line, 1003.4 feet; thence South 73123' East, along the southerly line of FU11grant Creek Road, 485.83 feet; thence South 864.18 feet; thence West 466.5 feet to the point of beginning. EXCEPTING THEREFROM the following: Beginning at a point or the west line of Donation Land Claim No. 53 in Township 39 South, Range 1 East_ of th- Willamette Meridian in Jackson County, Oregon, which point bears 2103.4 feet North oC the inside Ell corner of said Claim; thence South 73123' East, along the southerly line of Emigrant Creek Road, 240 03 feet; thence South 306.36 feet; thence West 23C 0 feet to the west line of said Claim No. 53; thence North, along said west line, 375 e feet to the point of beginning. ALSO, EXCEPTING THEREFROM that portion lying within the following described tract: Commencing at a 1" galvanized iron pipe (set in concrete) with bronze cap, locating the inside Ell corner of Donation Land Clam No. 53 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 0114'15" East, along the west line of said Claim, 1098.64 feet (record 1100.0 feet); thence South 89144'04" East 160.37 feet (record East 159.00 feet), to a 3/4" iron pipe for the true point of beginning, (being the northwest corner of tract described in Volume 548 page 357 of the Deed Records of Jackson County, Oregon); South 89144'04" East, along the north line of said tract, 770.26 feet to a 1/2" iron pipe at the northeast corner thereof; thence North 0115'56" East 100.00 feet to a 5/8" iron pin; thence North 89144'04" West 790.76 feet to a 5/8" iron pin; thence South 11119'04" East 102.08 feet to the true point of beginning. ALSO, EXCEPTING THEREFROM the following: Commencing at a 1" galvanized iron pipe (set in concrete) with bronze cap, locating the inside Ell corner of Donation Land Claim No. 53 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North 0114'15" East, along the west line of said Claim, 1098 64 feet; thence South 89144'04" East 160.37 feet to a 3/4" iron pipe, the true point of beginning and the northwest corner of tract described in Volume 548 page 357 of the Deed Records of Jackson County, Oregon; thence North 11119'04" West 1C2 08 feet to a 5/8" iron pin; thence North 69144'04" West 109.92 feet to the easterly right of way line of Dead Indian Memorial County Road; thence South 0014'15" West, along said right of way line, 100.0 feet; thence South 89144'04" East 130.37 feet to the true point of beginning.