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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