HomeMy WebLinkAbout1985-067 Deed Restriction-Stine85.-05660 DEED RESTRICTION
The undersigned do hereby, in exchange for the City of Ashland
furnishing sewer service to the hereinafter described property, hereby
impose the following Deed Restriction on said property:
The hereinafter described real property shall not be partitioned
or subdivided, or any portion less than the whole thereof leased or rented
prior to the property being annexed to the City of Ashland, Oregon.
It is agreed that the above conditions shall be considered a
restriction upon the use to be made of the land by the present owners
and their heirs, successors and assigns and shall run with the land so
as to be binding upon said heirs, successors and assigns of the present
owners.
The land to which this Deed Restriction applies is situated in
the State of Oregon, County of Jackson, more particularly described as
follows: commencing at a point on the line between the East and West halves of the
Southwest Quarter of Section 11, Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon, which point bears 1970.10 feet North of the South-
east corner of the Southwest Quarter of the Southwest Quarter of said Section; thence
North 89o53' West, 498.0 feet; thence North 500.0 feet to the true point of beginning,
said point being the Northeast corner of tract described in deed recorded in Volume 485,
page 4 of the Deed Records of Jackson County, Oregon; thence North 89o53' West along the
North line of said tract, 150.0 feet more or less to the East line of Clay Street; thence
North along said Street, 229.3 feet more or less to the center line of East Main Street;
thence South 83045' East along the center line of said East Main Street, 150.9 feet, more
or less, to a point North of the Northwest corner of that tract as described in Document
No. 68-03250 of the Official Records of Jackson County, Oregon, thence leaving said
center line South 213.18 feet more or less to the point of beginning.
Excepting therefrom all that portion lying within public rights of ways.
Acc. No. 391E llC 1800
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals this ~ day of ~ ~4~- , 198~-~.
STATE OF OREGON )
: ss.
County of Jackson)
On this ~'~
Luci£1e !'. Stine
day of ~C~ , 198~, before me appeared
and Laur~ Je~n Dra~?e , who are known to
me to be the identical individuals who executed the within ins~rum'e~n~
having acknoWledged to me that they have executed the same ~.e~ly
voluntarily.
IT WITNESS WHEREOF, I hav~hereunto ~t my hand. fTici&l
the day and year last above written~~ ~ :'~?:~--'C>
~ ~ ~ Notary Public for Orego~i~.,,~ ~.... ....... .~
My Co~ission
$5.-05660
CONSENT TO ANNEXATION AND AGREEMENT
I/We represent that we are the owners of record of the follow-
ing described real property located in the County of Jackson, State of
Oregon, and which is described as follows: Commencing at a point on the line
between the East and West halves of the Southwest Quarter of Section 11, Township 39
South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point
bears 1970.10 feet North of the Southeast corner of the Southwest Quarter of the South-
west Quarter of said Section; thence North 89053' West, 498.0 feet; thence North 500.0
feet to the true point of beginning, said point being the Northeast corner of tract
described in deed recorded in Volume 485, page 4 of the Deed Records of Jackson County,
Oregon; thence North 89053' West along the North line of said tract, 150.0 feet, more
or less, to the East line of Clay Street; thence North along said Street, 229.3 feet
more or less to the center line of East Main Street; thence South 83o45' East along
the center line of said East Main Street, 150.9 feet, more or less, to a point North
of the Northwest corner of that tract as described in Document No. 68-03250 of the
Official Records of Jackson County, Oregon; thence leaving said center line South
213.18 feet more or less to the point of beginning.
Excepting therefrom all that portion lying within public rights of ways.
Acc. No. 391E llC 1800
As the owners of said land and in exchange for the presently
existing dwelling or building being connected to the sewer system of
the City of Ashland, I/We do consent and request that said land be
annexed to the City of Ashland and agree to be bound by the provisions
of the Ashland Municipal Code, Chapter 14.08, relative to sewer charges
and sewer connections and specifically including provisions of Sections
14.08. 030 through 14.08. 050 of said Code which reads as follows:
"14.08.030 Connection - Outside City. Premises located out-
side the City of Ashland may be connected to the sewer system when such
connection is determined by the Ashland City Council to be in the best
interest of the City of Ashland and to not be detrimental to the City's
sewage facilities and such connection shall be on such terms as are set
forth herein, or as may be modified or added to by the Ashland City
Council:
A. That the applicant for service pay the connection fee as
set forth in Section 14.08.025 hereof, plus the lesser sum of $1,840 or
the systems development annexation charge set forth in Section 4.16.010..
The latter sum is in part to compensate the City for the cost of the
existing sewer system and treatment facilities and which sum shall be
placed in the Capital Improvements Fund for sewer system improvements;
(Ord. 1954 S3, 1978; Ord. 2019, S3, 1979; Ord. 2092 S3, 1980; Ord. 2147
S1 & 2, 1981; Ord. 2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 SI, 1984)
B. Be for the use and benefit of dwellings and building com-
pleted and existing on July 1, 1973. In the event dwellings or buildings
are connected in accord with this section and are subsequently replaced
for any reason, then the replacement building or dwelling may continue
to be connected to the sewer system of the City as long as the use of the
sewer system will not be substantially increased in the opinion of the
Director of Public Works;
C. There is a presently existing sewer main or line to which
the premises can be connected in accord with the monthly rate schedules
on file in the office of the City Recorder; (Ord. 1820, 1974)
85-05660
D. Furnish to the City a consent to the annexation of the
land, signed by the owners of record and notarized so that it may be
recorded by the City and binding on future owners of the land. Said
consent shall also provide for payment to the City at the time of annexa-
tion any balance due for the Systems Development Annexation Charge set
forth in Section 4.16.010 after the application of subsection A, above.
Further, it shall provide for the payment to the City by the owners at
the time of annexation of an amount equal to the current assessment for
liabilities and indebtedness previously contracted by a public service
district, such as Jackson County Fire District No. 5, multiplied by the
number of years remaining on such indebtedness, so that the land may be
withdrawn from such public service districts in accord with ORS 222.520
at no present or future expense to the City; (Ord. 1820, 1974; Ord.
2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 SI, 1984)
E. That the owner execute a deed restriction preventing the
partitioning or subdivision of the land prior to its annexation to the
City.
F. That the owner agrees to pay the Wastewater Treatment
Plant Systems Charges set forth in Section 4.20.030 upon and concurrent
with application for sewer service.
G. That the land is within the Urban Growth Boundary; (Ord.
2322 S2, 1984)
H. New single family dwellings may also be connected to the
City's sewage system subject to the above provisions, except item B,
and the following supplemental conditions:
1) That the owner execute a deed restriction preventing
the partitioning or subdivision of the land prior to its annexation to
the City.
2) That the land is not contiguous to the present City
limits, but is within the Urban Growth Boundary.
3) That the owner agree to pay the Systems Development
Annexation Charge set forth in Chapter 4.16 upon application for sewer
service. In such cases, only the regular sewer connect fee shall be
charged, rather than the outside city sewer connect fee.
4) That the owner agree to pay the Wastewater Treatment
Plant Systems Charge set forth in Section 4.20.030 upon and concurrent
with application for sewer service.
5) That electric service is available from existing City
distribution lines.
6) That the City Council finds that the sewer connection
is in the best interests of the City. (Ord. 2297, 1984)
14.08.035 Sewer User Charges. The Sewer Rate Schedules shall
be established by Resolution of the City Council, three (3) copies of
which shall be maintained in the office of the City Recorder, and shall
set forth the sewer rates for use of the sewer system within and without
the City limits from the municipal sewer system. (Ord. 1775, 1973; Ord.
1777, 1973; Ord. 1859, 1975; Ord. 2021, 1979; Ord. 2127, 1981; Ord. 2196,
1982; Ord. 2304, 1984)
-2-
85.-05 360
14.08.050 Penalties. A person violating this chapter is
upon conviction thereof, punishable as prescribed in Section 1.08.010.
(Ord. 1775 S5, 1973)"
In exchange for our land being connected to the sewer system
of the City of Ashland we agree for ourselves and our heirs and assigns
that the owners of this land shall be bound by all of the rules and
regulations governing the use of sewers as they presently exist or may
hereinafter be changed by the City of Ashland. These rules shall
expressly include the right of representatives of the City of Ashland to
go upon the premises at all reasonable times and places to inspect the
sewer system and its connections to insure that it is being properly
maintained and that no more than the permitted number of connections are
in existence.
Further, we agree that this Agreement shall be binding upon
our heirs and assigns.
WITNESS OUR HANDS AND SEALS this
STATE OF OREGON )
)
County of Jackson)
SS.
BE IT REMEMBERED that on this l~ day of ~(~fff' ~ ,
19~ before me the undersigned, a Notary Public in and-for said County
and--State, personally appeared the within named
and ~.~ ~, ~ '~ ~ ,
are kno~ ~o me ~o be ~he identical individuals described here.i~ .... ~'~o' ~o
executed the same freely and voluntari!v ~"' .......
f ~ ~-~..- <,~ "~ ..
-3-
85--05660
DESCRIPTION OF
LUCILLE T. STINE PROPERTY
Commencing at a point on the line between the East and
West halves of the Southwest Quarter of Section 11,
Township 39 South, Range 1 East of the Willamette Meridian
in Jackson County, Oregon, which point bears 1970.10 feet
North of the Southeast corner of the Southwest Quarter of
the Southwest Quarter of said Section; thence North 89°53'
West, 498.0 feet; thence North 500.0 feet to the true point
of beginning, said point being the Northeast corner of tract
described in deed recorded in Volume 485, Page 4 of the Deed
Records of Jackson County, Oregon; thence North 89053' West
along the North line of said tract, 150.0 feet, more or
less, to the East line of Clay-Street'; thence North along
said Street, 229.3 feet more or less to the center line of
East Main Street; thence South 83045' East along the center
line of said East Main Street, 150.9 feet, more or less, to
a point North of the Northwest corner of that tract as
described in Document No. 68-03250 of the Official Records
of Jackson County, Oregon, thence leaving said center line
South 213.18 feet more or less to the point of beginning.
Excepting therefrom all that portion lying within public
rights of ways.
Acc. No. 39 1E llC 1800
Jackson County, Oxegon
Recorded
OFFICIAL RECORDS
1 6 1985,//
KATHLEEN S. B~CKETT
~,~~K and I:U~CORDER