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HomeMy WebLinkAbout1981-014 Agreement - Wright 81--06230 j/:O( --0 b:>/ y~ This Agreement made and entered into this~day of Jah_.~~, 1981, between JIM WRIGHT and JUDY WRIGHT, husband and wife, hereinafter referred to as nWrights", and the CITY OF ASHLAND, a Municipal corpoltation of the State of Oregon, hereinafter referred to as "City". AGREEMENT WITNESSETH: RECITALS: 1) The Wrights have recently had asphalt placed upon City 1 property adjacent to the Wrights residence. 2) It is the desire of the Wrights to be allowed to maintain that asphalt at that location with the understanding that the Wrights, their heirs, successors and assigns, are in no way released from the: obligation to in the future participate in the cost of improving sai~ I street and property in accord with the then existing City regulation.. I NOW, THEREFORE, in consideration of the foregoing Recitals~ the truth of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: I The Wrights are the owners of certain real property locate~ in the City of Ashland, County of Jackson, State of Oregon, which is described as follows: PARCEL 1 Commencing at a point on the West line of Bellevue Tract in Section 15, Township 39 South, Range 1 East of ! the Willamette ~~eridian in Jackson County, Oregon, according to the official Plat thereof, now of record, which point bears 2.98 chains West and South 0012' West 22.95 chains South of the Southeast corner of Donation Land Claim No. 4p in said Township and Range, thence South 0022' West, along: said West line, 524.0 feet; thence West 23.5 feet to the i true point of beginning; thence South 0012' West, 70.0 fee~ to the South line of tract described in Volume 257, Page 59 of the Deed Records of Jackson County, Oregon; thenee Mest1 along the South line of said tract 159.98 feet to the Southwest corner thereof; thence North 0012' East, along , the West lihe of said tract, a distance of 70.0 feet; then be East 159.98 feet to the true point of beginning. ' PARCEL 2 Commencing at a point on the West line of Bellevue Tract in Section 15, Township 39 South, Range 1 East of RONALD L. SALTER -1- Agreement ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. BOX 727 ASHLAND,OREBON 97520 ~.;zf: , ~ ~ -e.e.#-de-_ ~~ ;l/Z~ - J ~<,--d ttJu..1.';' 81,,-06230 the Willamette Meridian, Jackson County, Oregon, which point bears 2.98 chains West and South 0012' West, 22.95 chains from the Southeast corner of Donation Land Claim No. 45, said Township and Range; thence South 0012' West, along said line, 504.0 feet; thence West 23.50 feet to the true point of beginning; thence South 0012' West, 20.0 feet to the North line of tract described in Title and Trust Company's po1icy~No. J-53152; thence West, along the North line of said tract, 159.98 feet to the Northwest corner thereof; thence North 0012' East, 20.0 feet; thence East, 159.98 feet, to the true point of beginning. II This Agreement is to be binding upon the Wrights, their heirs, successors and assigns, and is to be a burden running with the above described land. III Bristol Street is a dedicated public street in the Ashland and is located adjacent to the above-described land. unimproved in that it has been rough-graded for use, but has improved with curb or paving to City Standards. Ci ty 0 f It is not bedn IV Rogue River Paving Company, at the request of the Wrights ,I recently paved a 10 foot by 135 foot section on the North side of Bristol Street adjacent to the above-described land. Thepavement was not constructed to the City of Ashland final street grades nor design specifications. v This pavement was placed on the street at the sole request of the Wrights and in no way releases the Wrights, their heirs, sucqessors or assigns, from any costs or obligations which may accrue in the future which respect to curb, gutter and paving assessments for said street, including the portion paved by the Wrights. VI The City of Ashland, by acceptance of this Agreement, wi1X permit the asphalt to remain until such time as the City determines,; in its discretion, that it should be removed and at that time Wrights, 'or their heirs, successors and assigns, will have the paving removed within thirty (30) days of notification by the City and this to be done at ,no RONALD L. SALTER ATTORNEY AT LAW 70 NOJltTH PIONEEJIt STREET P. o. BOX 727 ASHLAND, OREGON 97520 -2- Agreement 81--06230 cost or obligation to the City. If the Wrights or their heirs, succ~ssors or assigns, fail to remove the paving, then it can be done by the CifY and the expense thereof will be an obligation of the Wrights, their heirs, successors and assigns, to the City. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the day and first above 5S. STATE OF OREGON ) County of Jackson) Personally appeared the husband and wife, and ackowledged voluntary act and deed. Before me: My conunission ,'::','1.' ,." Jackson County, Oregon Recorded OmCIAL RECORDS /;'01 APR 21981/.M. WALDEN! TERRY ~J~BDn Deputy "-'i. . -3- Agreement RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONIEEIII STREET P. O. BOX 727 ASHLAND, OREGON 97520