HomeMy WebLinkAbout2006-187 Covenant - Haines
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~~~k~on County Official Records 2006-046900
Cnt=1 Stn=3 MORGANsQ9/15/2006 11 :20:07 AM
$15.00 $5.00 $1100 Total:$31.00
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01218231200600469000030033
I, Kathleen S. Beckett, County Clerk for Jackson County Oregon
certify that the instrument Identified herein was recorded In the Clerk
records.
Kathleen S. Beckett - County Clerk
COVENANT NOT TO CONSTRUCT
WHEREAS, 88 N. Main, LLC, is the owner of the real property described in Exhibit "A,"
attached hereto; and
WHEREAS, as a condition of approval to construct the Shasta Building, located at 96 N.
Main, 88 N. Main, LLC has agreed to certain restrictions on constructing improvements on Exhibit
"A";
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged,
88 N. Main, LLC agrees to the Covenant Not to Construct as follows:
1. 88 N. Main, LLC, or its successor in interest, agrees not to construct or install any
new structure or similar element on Exhibit "A" that would in any way restrict the
overflow of flood waters into the area beneath the viaduct.
2. Nothing contained herein shall prohibit 88 N. Main, LLC, or its successor in interest,
from repairing or reconstructing any existing structures that presently exist, including
but not limited to, a deck, bridge, signs or fencing, which may be repaired or
reconstructed as necessary.
3. The Covenant Not to Construct shall run with the land.
4. In the event of a breach of this Covenant by 88 N. Main, LLC, any legal action filed
by the City of Ashland, or any other governmental agency to enforce this Covenant,
that entity shall be entitled to an award of reasonable attorneys fees and costs as may
be awarded by a court of competent jurisdiction, either at trial or appeal therefrom.
This Covenant is executed on the date set forth below by 88 N. Main, LLC, by its manager, Lloyd
M. Haines.
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LLOYD M. HAINES, MANAGER, 88 N. Main, LLC
STATE OF OREGON, }
::ff}' d ss.
, I County of ------_____rJS...s.Q_____________________________
On ____fl?ft:1 1i._6_t___~'i_~_____;;..~f2_____, before me personally appeared ___L1P..yJ;;t..___f!1:.__/!_,{l.(.~d<::._5
.r DATE r
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whose identity was established to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was
executed freely and voluntarily.
---------------------------------------------------------------------------------------------------------------------------------------,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal on the date first written above.
OFFICL<LSEAL N~;;~~~~.;;~~----~~-------------------
.. . JOAN VAN LEHN " . 'l')"'.c. ~ , 2oo/c
\. j NOTARY PUBLIC. OREGON My commISSIon expIres ______~.J.r________..------------------
....... ../ COMMISSION NO. 363478
MY COMMISSION EXPIRES DEC. I. 2811
FORM No. 23 - ACKNOWLEDGMENT, INDIVIDUAL EB
COPYRIGHT 2001 STEVENS.NESS LAW PUBLISHING co., PORTLAND. OR 97204
EXHIBIT A
Commencing at the most southerly comer of Lot 4 in Block 17 of the City of
Ashland, according to the official 1888 map thereof, in Jackson County, Oregon; thence
along the southerly line of said Lot 4, North 60013'28" East 104.10 feet to the POINT OF
BEGINNING~ thence leaving said southerly line, North 02051 '26" East 18.52 feet; thence
North 39027'25" West 4.68 feet; thence North 25017'07" West 12.01 feet to the northerly
line of the aforesaid Lot 4; thence along said northerly line, North 60013'28" East 5.44
feet to the southerly right-of-way line of Lithia Way; thence along said right-of-way line,
along the arc of a 328.10 foot radius non-tangent curve to the right (the long chord to
which bears South 54020'24" East 35.38 feet) a distance of 35.40 feet to the southerly line
of the aforesaid Lot 4; thence along said southerly line, South 60013'28" West 30.29 feet
to the point of beginning.
/ -...- REG ~~rnRi;-=~~
I PROFESSIONAL )
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OREGON
FEBRUARY <l. 1983
DARRELL L. HUCK
2023
....--:.
Darrell L. Huck
L.S. 2023 - Oregon
Renews 06/30/07
Hoffbuhr & Associates, Inc.
August 4,2006
(06033 _ ease.doc)
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