HomeMy WebLinkAbout2005-074 LID Agrmt - Miller
J21ck~on County Official Records 2005-034656
R-A
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S45.00 S500 $1100 Total :$61.00
CITY OF
ASHLAND
1111111111111111111 11111I1
01118545200500346560090090
Community Development - Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5305 Fax 541-488-6006
I. Kathleen S Beckert, County Clerk for Jackson County. Oregon,
certify that tr,e instrument identified hHein was recorded in the Clerk
records.
Kathleen S Beckett.. County Clerk
AGREEMENT
Dated: April 21, 2005
For County Use Only
Subject Property Address:
Map & Tax Lot #:
Property Owner:
Property Owners Address:
1095 South Mountain Avenue
39 1 E 16AO 1600 Le~q j\ L I ~)f'[ l]lt~Jc'tI( J)
Steven H. Miller & Kimberly K. Miller
P.O. Box 12680, Seattle, WA 98111
As owner of the property listed above, I hereby consent to the following improvements, dedication, or
other actions as required by the City of Ashland, and agree to bear the proportionate payment of
associated costs. This Agreement is to be binding upon myself/ourselves, my/our heir(s), executors, and
assigns, and it is my/our express intention that this Agreement shall run with the land, so that fulfillment of
the items listed below shall be binding upon future owners of the property,
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On this ~ day of , 20~, before me personally appeared, ~" "1 ,', ': '. i ......~:'? i'\O f4A).- '.~;{~~ ~.
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whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subs~i~cf~.to thi~Uauc f:
instrument, and acknowledged that he (she) (they) executed the same, ~, -::;, ..... ..... ,~?: _;'
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Action: Agree to participate in the local improvement districts for the future improvement of South
Mountain Avenue (sidewalks, curbs, gutters and paving), and agree not to remonstrate to the
formation of such local improvement district; and agree to pay assigned share of SUGh designated
improvement costs.
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Owner Signature:
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Owner Signa
STATE OF 0RE<30M)
County of J~ )
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My commission expires:
Notary Public forOr-egon ; "{
This document has been acknowledged by
" ", (lion behalf of the City of Ashland,
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Date
STATE OF OREGON)
County of Jackson )
Signed or attested before
. OFFICIAL SEAL i
B. BOSWEll
NOTARY PUBLtC-QREGON
COMMISSION NO. 391525
MY COMMISSION EXPIRES ~R. 07. 2009
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r'Wtary Public for the State of Oregon
C\Documents and Set!ings\Marcla Stanklewlcz\My Documents\SHM\2004-1111 095MoJnatinAvSLlDAgreedoc
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Affidavit of Declaratiotl
fora
Partition Plat
Situated on property kn01w as
39-1E-16AD, Tax Lot 1600
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KNOW ALL MEN BY THESE PRESENTS that \ve, Steven H. Miller and Kim~er1y K.
Miller, as tenants by the entirety, are the owners in fee silllple of the lands described in
"Exhibit A", attached hereto, and also described in the Surveyor's Certificate on the
subject partition plat, and have caused the same to be surveyed and partitioned into two
(2) parcels as shown on said partition pJ!at. This document is to be recorded in
conjunction \vith said partition plat in order to perfect the statements made in the
DECLARATION \vhich include dedicating to the City of Ashland a 3.50 foot wide strip
of land along the entire east boundary of the subject property:: we also dedicate to the City
of Ashland a 15.00 foot wide Public Utility Easement (PUE) along the 15 foot wide
mutual private access easement which traverses southwesterly froIll Mountain Avenue
through Parcel Nos. 1 and 2 as shown on said plat and, also, a 10.00 foot \vide public
pedestrian and slope easement along the: east boundaries of both Parcel No. 1 and 2 as
shown. We do further create a 15 foot \vide private utility and mutual access easeInent as
shown on said plat, for the mutual benefit of both parcels.
The recording nUlnber of this document is to be placed on Sheet 1 of 1 under the heading
"DECLARATION" at the time of the recording of said plat.
STATE OF WASHINGTON
}SS
County of King
Personally appeared before me the above naIned Irvin H. Karl., as attorney in fact on
behalf of Stephen H. Miller and Kimberly K. Miller, and acknowledged the foregoing
instrument to be his voluntary act and deed.
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BEFORE ME:
No ry Public for Washin to~ j,
My ComInission expires: tJf. ~~ 06
Exhibit A
Commencing at the quarter comer common to Sections 15 and 16 in Township 39 South, Range
1 East of the Willamette Meridian in Jackson County, Oregon, thence :North 89058'17" West,
along the east-west centerline of Section 16, a distance of349.25 feet (record 350.0 feet), to a
found 5/8" iron rod situated on the western right of way line of Mountain Avenue, said monument
being the Initial Point of Beginning; thence leaving said east-west centerline of Section 16, North
00004'36" East (deed record North 160,0 feet), along said western right of way line, 160.00 feet
to a found Y';" iron pipe; thence leaving said western right of way line, :North 89058'17" West
(deed record North 89058' West 85.0 feet) 85.00 feet to a found Y';" iron pipe; thenct;: North
00004'36" East (deed record North) 36.16 feet; thence South 89037'49" West 100.001 feet to a
found Y';" iron pipe; thence North 00004'36" East 1 00.00 feet to a found Y';" iron pipe: situated on
the southern right of way line of West Ivy Lane:; thence South 89037'49" West (deed record South
89058' West), along said southern right of way line, 79.91 feet to a found 5/8" iron rod; thence
50.48 feet along the arc of a 70.00 foot radius curve to the left (the long chord to which bears
South 68058'16" West 49.39 feet) to a found ~:" iron pipe; thence leaving said southern right of
way line, South 00001'43" West (deed record South) 277.16 feet to a found Y';" iron pipe situated
on the aforesaid east-west centerline of Section 16, said Township and Range; thence South
89058'17" East (deed record East), along said e:ast-west centerline, 310.75 feet (record 310.0
feet) to the Initial Point of Beginning.
39-1E-16AD, Tax Lot #1600
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'Upon Recording plc<1se retllrn 10 .
Irvin H. Karl
1001 Fourth Avenue PI<1L'.a
Suite 2333
Seattle, W A 98154-110 1
POWER OF ATTORNEY
1. Designation. The undersigned (the "Principal") domiciled and residing in the State of
Washington designates Irvin H. Karl as attorney-in-fact for the Principal.
2. Powers. The attorney-in-fact shall have all of the powers of an absolute owner over
the assets and liabilities of the Principal, whether located within or without the State of
Washington, including without limitation the power and authority to do the following:
2.1 Pay, settle or othen.vise discharge any and all claims of liability or indebtedness
against the Principal and, in so doing, (a) use any of the Principal's funds or other assets
or use funds or other assets of the attorney-in-fact and obtain reimbursement out of the
Principal's funds or other assets, and (b) compromise any such claim and make, sign, and
deliver acquittances, releases, or other sufficient discharges in respect of the same~
2.2 Ask, demand, sue for, recover, collect and receive all sums of money, debts, dues,
accounts, legacies, bequests, devises, dividends, annuities, demands, interests in real and
personal property, and rights to the possession or use of such property, and, in so doing,
(a) have, use and take all lawful ways and means in the Principal's name or otherwise for
the recovery thereof by attachment, execution, eviction, foreclosure or otherwise, and (b)
compromise and agree for and make, sign and deliver acquittances, releases or other
sufficient discharges in respect of the same;
2.3 Bargain, contract, agree for, purchase, receive and take lands and any interest
therein, and accept the possession of all lands and all deeds and other assurances in the
law therefore;
2.4 Lease, sell, release, convey, exchange, mortgage, grant: deeds of trust and security
interests and release any mortgage or deed of trust on lands, and any interest therein;
2.5 Bargain and agree for, buy, sell, pledge, assign, endorse, release, exchange,
mortgage, release any mortgage on, and in any and every way and manner deal in and
with goods, bonds, shares of stock, causes of action, judgments and other property in
possession or in action;
2.6 Purchase United States Treasury Bonds, which may be redeemed at par in
payment of federal estate tax;
2,7 Exercise any and every right and power which the Principal may now or hereafter
have in respect of any and all savings, checking or agency accounts and any and all safe
deposit boxes and envelope or other safekeeping accounts, including, without limitation
the power and authority to open any and all such accounts for the Principal in the
Principal's name, and to give instructions in respect of and make deposits in and
withdrawals from any and all such accounts whether or not the same have been opened
by the attorney-in-fact;
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POWER OF ATTORNEY, (Page 2)
2.8 Make, do and transact all and every kind of business of every kind and description
and in connection therewith contract debts or obligations in the name of or on behalf of
the Principal; and
2,9 Sign, execute, deliver and acknowledge al! written instruments and to do and
perform each and every act and thing whatsoever, which may be necessary or proper to
be done in or about the exercise of the powers and authority herei nabove granted to the
attorney-in-fact as fully to all intents and purposes as the Principal might or could do if
personal! y present.
3. Limitations on Powers. Notwithstanding the foregoing, nothing contained herein
shall authorize the attorney-in-fact to make, alter, revoke or change any testamentary disposition
of the Principal's property,
4. Effectiveness: Duration. This power of attorney shall become effective: immediately,
shall not be affected by the disability or incompetence of the Principal, and shall continue until
revoked or terminated under paragraph 5 nothwithstanding any uncertainty as to whether the
Principal is dead or alive. Disability shall incJude the inability to manage property and affairs
effectively for reasons such as mental illness, mental deficiency, physical illness or disability,
advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign
power or disappearance. Disability may be evidenced by a written statement of a quali tied
physician regularly attending the Principal or by detention or disappearance,
5. Termination. This power of attorney may be terminated by:
(a) The Principal by written notice to the attorney-in-fact and by recording the written
instrument of revocation in the office of the recorder or auditor of King County,
Washington;
(b) A guardian of the estate of the Principal after court approval of such revocation;
or
(c) The death of the Principal upon actual knowledge or receipt of written notice by
the attorney-in-fact.
6. Accounting. Upon request of the Principal or the guardian of the estate of the Principal
or the personal representative of the Princi pal's estate, the attorney-i n..fact shall account for all
actions taken by the attorney-in-fact for or on behalf of the Princi pal.
7. Reliance, The attorney-in-fact and all persons dealing with the attorney-in-fact shall
be entitled to rely upon this power of attorney so long as neither the attorney-in-fact nor any
person with whom the attorney-in-fact was dealing at the time of any act taken pursuant to this
power of attorney, had received actual knowledge or written notice of the termi nation of the
power of attorney by death or otherwise, Any action so taken, unless otherwise invalid or
unenforceable, shall be binding on the heirs and personal representatives of the Principal.
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POWER OF ATTORNEY, (Page 3)
8. Indemnity. The estate of the Principal shall hold harmless and indemnify the attorney-in-
fact from all liability for acts done in good faith and not in fraud of the Principal.
9. Applicable Law.
attorney.
The laws of the State of Washington shall govern this power of
DATED:
#14'/ /7. UJt;D
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Steven H, Miller
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this /7tI. day of rl1~ ' 2000, before me, a Notary Public in and for the State of
Washington, duly commission and sworn, personally appeared STl: VEN H. MILLER, to me
known to be the individual who executed the 'vVithin and foregoing instrument, and
acknowledged the said instrument to be his free and voluntary act and deed, for the uses and
purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
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Upon RccordiIlg please return to .
Irvin H. Karl
lOtH Fourth Avenue Plaza
Suite 2333
Seattle, W A 981S.+-11O 1
POWER OF ATTORNEY
1. Designation. The undersigned (the "Principal") domiciled and residing in the State of
Washington designates Irvin H. Karl as attorney-in-fact for the Principal.
2. Powers, The attorney-in-fact shall have all of the powers of an absolute owner over
the assets and liabilities of the Principal, whether located within or without the State of
Washington, including without limitation the power and authority to do the following:
2.1 Pay: settle or otherwise discharge any and all claims of liability or indebtedness
against the Principal and, in so doing, (a) use any of the Principal's funds or other assets
or use funds or other assets of the attorney-i n- fact and obtai n rei mbursement out of the
Principal's funds or other assets, and (b) compromise any such claim and make, sign, and
deliver acquittances, releases, or other sufficient discharges in respect of the same;
2.2 Ask, demand, sue for, recover, collect and receive all sums of money, debts, dues,
accounts, legacies, bequests, devises, dividends, annuities, demands, interests in real and
personal property, and rights to the possession or use of such property, and, in so doing,
(a) have, use and take all lawful ways and means in the Principal's name or otherwise for
the recovery thereof by attachment, execution, eviction, foreclosure or otherwise, and (b)
compromise and agree for and make, sign and deliver acquittances, releases or other
sufficient discharges in respect of the .same;
2.3 Bargain, contract, agree for, purchase, receive and take lands and any interest
therein, and accept the possession of all lands and all deeds and other assurances in the
law therefore;
2.4 Lease, sell, release, convey, exchange, mOI1gage, grant deeds of trust and security
interests and release any mortgage or deed of trust on lands, and any interest therein;
2.5 Bargain and agree for, buy, sell, pledge, assign, endorse, release, exchange,
mortgage, release'any mortgage on, and in any and every way and manner deal in and
with goods, bonds, shares of stock, causes of action, judgments and other property in
possession or in action;
2.6 Purchase United States Treasury Bonds, which may be redeemed at par in
payment of federal estate tax;
2,7 Exercise any and every right and power which the Principal may now or hereafter
have in respect of any and all savings, checking or agency accounts and any and all safe
deposit boxes and envelope or other safekeeping accounts, including, without limitation
the power and authority to open any and all such accounts for the Principal in the
Principal's name, and to give instructions in respect of and make deposits in and
withdrawals from any and all such aCCDunts whether or not the same have been opened
by the attorney-i n- fact;
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POWER OF ATTORNEY, (Page 2)
2.8 Make, do and transact all and every kind of bus mess otevery kind and descriptIon
and in connection therewith contract debts or obligations in the name of or on behalf of
the Principal~ and
2,9 Sign, execute, deliver and acknowledge all written instruments and to do and
perform each and every act and thing whatsoever, which may be necessary or proper to
be done in or about the exercise of the powers and authority herei nabove granted to the
attorney-in-fact as fully to all intents and purposes as the Principal might or could do if
personally present.
3. Limitations on Powers. Notwithstanding the foregoing, nothing contained herein
shall authorize the attorney-in-fact to make, alter, revoke or change any testamentary disposition
of the Princi pal's property,
4. Effectiveness: Duration, This power of attorney shall become effective immediately,
shall not be affected by the disability or incompetence of the Principal, and shall continue until
revoked or terminated under paragraph 5 nothwithstanding any uncertainty as to whether the
Principal is dead or alive. Disability shall include the inability to manage property and affairs
effectively for reasons such as mental illness, mental deficiency, physical illness or disability,
advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign
power or disappearance, Disability may be evidenced by a written statement of a qualified
physician regularly attending the Principal or by detention or disappearance.
5, Termination. This power of attorney may be terminated by:
(a) The Principal by written notice to the attorney-in-fact and by recording the written
instrument of revocation in the office of the recorder or auditor of King County,
Washington~
(b) A guardian of the estate of the Principal after court approval of such revocation~
or
(c) The death of the Principal upon actual knowledge or receipt of written notice by
the attorney-in-fact.
6. Accounting. Upon request of the Principal or the guardian of the estate of the Principal
or the personal representative of the Pri nci pal's estate, the attorney-i n-fact shall account for all
actions taken by the attorney-in-fact for or on behalf of the Principal.
7. Reliance. The attorney-in-fact and all persons dealing with the attorney-in-fact shall
be entitled to rely upon this power of attorney so long as neither the attorney-in-fact nor any
person with whom the attorney-in-fact was dealing at the time of any act taken pursuant to this
power of attorney, had received actual knowledge or written notice of the termination of the
power of attorney by death or other\vise. Any action so taken, unless otherwise invalid or
unenforceable, shall be binding on the heirs and personal representati,ves of the Principal.
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POWER OF ATTORNEY, (Page 3)
8. Indemnity. The estate of the Principal shall hold harmless and indemnify the attorney-in-
fact from all liability for acts done in good faith and not in fraud of the Principal.
9. Applicable Law.
attorney,
The laws of the State of Washington shall govern th:ls power of
DATED:
;1lf'1 'I 1"7. 2.()Oi)
STATE OF WASHINGTON)
) ss,
COUNTY OF KING )
On this /7ti day of rVJ~ ' 2000, before me, a Notary Public in and for the State of
Washington, duly commissione and sworn, personally appeared KIMBERLY K.MILLER, to
me known to be the individual who executed the within and foregoing instrument, and
acknowledged the said instrument to be his free and voluntary act and deed, for the uses and
purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate above written.
.........,'"""
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~~~LlC in and for
The State of Washington,
Residing at Seattle
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