HomeMy WebLinkAbout2002-212 Restr Covenant-GabrielO3
26060
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 described in Exhibit "A" to the City of Ashland, their 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 County of Jackson, State of Oregon and as described in
Exhibit "A", 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 fumishing of sewer services to the land set forth in
Exhibit "A" while it is outside the City of Ashland, by the City of Ashland Oregon.
dayof . tjx ',) t'-ox)::?
Signature:
Dated this
William Gabriel, Owner
Kim Gabriel, Owner
State of Oregon )
)
County of Jackson )
SS.
Personally appeared the above named William and Kim Gabriel and acknowledged the foregoing
instrument to be her voluntary act and deed.
SONJA "AKERMAN
NOTARY PUBLIC - OREGON
COMMISSION NO. 355829
for Oregon
My Commission expires:
G:\pub-wrks~eng\dept-admin\WaterskSewer & Water Connections\Gabriel Sewer Connection Requirement Ltr w Annex.doc
03 26060
105729
EXHIBIT A
Commencing at the Northwest Corner of Donation Land Claim No. 54 in Township 39
South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence
South 89146'09" East, (record East), along the North line of said Claim, 858.00 feet;
thence South 0013'51" West, (record South), 530.64 feet; thence South 58049'49" East
375.58 feet, (record South 59015' East 380.00 feet), to the center of Tolman Creek;
thence along said creek center line the following courses and distances: North
73001'59" East 14.60 feet; North 0028'45" East 27.33 feet; North 45050'32" East 58.26
feet; North 12006122" East 36.42 feet to the TRUE POINT OF BEGINNING; thence leaving
said creek center line North 30139'46" West 37.94 feet to a 5/8 inch diameter steel
pin marking the most southerly corner of that tract described in Volume 296, page
477, of the Deed Records of Jackson County, Oregon; thence North 1037'49" West, along
the Easterly line of last said tract, 180.88 feet to a 5/8 inch diameter steel pin;
thence continuing along last said East line North 6048'30" East 44.55 feet; thence
continuing along last said East line North 30000100" East 60.00 feet (Record North
20019' East 102.25 feet) to a 5/8 inch diameter steel pin marking a point on the
Southwesterly line of tract described in Document No. 91-22433, of the Official
Records of Jackson County, Oregon, and the most Easterly corner of that tract
described in Volume 296, page 477, said Deed Records; thence North 39039'49" West,
(record North 40005' West), 74.22 feet to a 5/8 inch diameter steel pin marking the
most Westerly corner of that tract described in Document No. 91-22433, said Official
Records; thence North 50020'11" East, along the Northwesterly line of last said tract
and the southeasterly right of way of Crowson Road, 175.34 feet to a 5/8 inch steel
pin marking the most Northerly corner of last said tract; thence South 39039'49"
East, (record South 40005' East), along the Northeasterly line of last said tract,
188.31 feet to the center line of Tolman Creek and the most Easterly corner of last
said tract; thence along said creek center line the following courses and distances:
South 55018'08" West 39.65 feet; South 91139'34" West 76.50 feet; South 16027'45" East
33.94 feet; South 34157114" West 76.27 feet; North 86001146" West 29.39 feet; South
26045'30" West 59.88 feet; South 85054'22" West 51.69 feet; South 4147'27" West 35.59
feet; South 14033'13" West 42.12 feet; South 62011'10" West 19.98 feet to the true
point of beginning.
(Code 5-04, Portion Account 41-011651-5, Map #391E13C, Portion Tax Lot 41900)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
APR 2 4 2003
?0'.?1 OUN
CLERK
CZ -
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
Barbara Christensen DATE: 05/20/2003
City Recorder PROJECT:
JOB NO.:
SUBJECT: Recorded Documents
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
The following attached original documents have been recorded and returned for filing:
1. 03-26058 - Pedestrian Easement from Foster
2. 03-26059 - Irrevocable Consent to Annex from Gabriel
3. 03-26060 - Restrictive Covenant from Gabriel
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public Works
By: James H. Olson
Title: City Surveyor / Pr j ct anager
PUBLIC WORKS Tel: 541.488-5587
20 E. Main Street Fax: 541-488-6006 I
Ashland ?,
, Ore on 97520 TTY: 800-735-2900
www.aJsNand.or.us