HomeMy WebLinkAbout2007-097 Bld. Agrmt - Ellis/Carnes
Jackson County Official Records 2007-028770
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Cnt=1 Stn=3 MORGAN~/18/200711:56:37 AM
$2500 $500 $5.00 $11.00 Total:$46.00
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01269875200700287700050058
CITY OF
ASHLAND
Community Development - Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5303 Fax 541-488-6006
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
AGREEMENT
Dated: April 26, 2007
Subject Property Address: 341 High Street
Project #: BD2007 -00689
Map & Tax Lot #: 39 1 E 0500 7700
Legal Description: See Attached
Property Owner: ELLIS TODD/MICHELE E CARNES
Property Owners Address: 341 High Street
For County Use Only
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.
Action: The owner shall not install kitchen facilities into the Garage/Studio building. The existing property
contains only one single family residence and the Garage/Studio building will not be utilized as a
separate residential unit. A separate, second residential unit is not permitted without obtaining a
conditional use permit approval, and therefore use of this space as a separate dwelling would be a
violation of the Ashland Municipal Code and subject to all penalties thereof.
Owne'S~natu", ~~. Oate=tJ
oWnerSigna~~__,~e: ~cP fj
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On thiS.n day Of~, 20.M, before me personally appeared, ~LL z.. ~ E1...LtS
whose identity was proven to me on the basis of satisfact . nce to be the person{s) whose name{s) is (are) subscribed to this instrument, and
acknowledged that he (she) (they) executed the sam .
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My commission expires: If-If- ()q
')t-t=ICIAL SEAL
B. BOSWELL
NOTARY PUBLlc-QREGON
COMMISSION NO. 391525
..MYCOMMISSION.Ex.EJRESAP.R.J17.
-
This document has been acknowledged by An~ Barry on behalf of the City of Ashland.
u~''l,A /'v'" \ ":>~ ~\
STATE OF OREGON) <']
County of Jackson )
Signed or attested before me on this ~? day of
Date
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My commission expires:
4-7-0c;
OFFiCIAL SEAL
B. BOSWELL
NOTARY PUBLlc-oREGON
COMMISSION NO. 391&:"&:
MYCOMMTSSJONexl""'E'i!iw ,..---
" 0 APR. 07, 2009
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G:'comm-dev\[llannina\Plannina Actions\PAs bv street\l-l\Hiah\Hiah 341\Hioh 341 nokitchen.doc
Legal Description
Beginning at a point 329.0 feet South and 20.0 feet West of the northeast ~rner of Lot four
(4) In Section 5 In Township 39 South, Range 1 East Willamette Meridian, Jackson County,
Oregon, said point being the intersection of the north side-line of alley with the west slde~line
of North Almond Street in the City of Ashland; thence North along the west Side-line of North
Almond Street 81.5 feeti thence West 130.0 feet; thence South 81.5 feet; thence East 130.0
feet to the Point of Beginning. ALSO; Beginning at a point which is 329.0 feet South and
150.0 feet West of the northeast comer of Lot four (4) In Section 5, In Township 39 South,
Range 1 East WUlamette Meridian, Jackson County, Oregon, said point being on the north side-
Ilne of alley running East from Woolen Street (or Scenic Drive) to North Almond Street in the
City of Ashland, Oregon, also being the southwest corner of tract described In Volume 144,
page 518, Deed Records; thence North along the west line of said tract 81.5 feet; thence West
9.0 feet; thence South 81.5 feet to the north side-line of said alleYi thence East 9.0 feet to the
Point of Beginning.
Account No. 10058617, Levy Code 5-01, Map 391E05 DD 7700
Subject to:
1. An easement created by Instrument, Indudlng the terms and provisions thereof,
Recorded as : Volume 6, page 778
For : Right of way
2. The rights of the public in and to that portion of the herein described property lying
within the limits of Susan Lane.
CITY OF
ASHLAND
Page 2
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G:\comm-dev\planning\P1anning Actions\PAs by street\H\High\High_341\High_341_nokitchen.doc
oL1RAetE POWER OF ATTORNEY
FROM:' Todd Ellis
TO: Michele E. Carnes Ellis
AFTER RECORDING RETURN TO:
Allen G. Drescher, P.C.
PO Box 760
Ashland, OR 97520
Appointment of Attorney in Fact and Successors and General Powers Granted
I, Todd Ellis, hereby appoint my wife, Michele E. Carnes Ellis, my true and lawful attorney in fact
for me and in my name, place and stead, and for my use and benefit, to do all things permitted by Oregon
law to be done by an attorney in fact, including but not limited to the powers set forth hereafter. The
death of any of the foregoing persons shall be established by a death certificate of such person. The
incapacity of any of the foregoing persons shall be established by the written opinion of any medical doctor
stating that such person lacks the capacity to manage his or her financial affairs competently. The
resignation of any of the foregoing persons shall be established by any writing signed by such person
resigning from the position of attorney in fact. A copy of any of the foregoing documents shall be sufficient
to establish the death, incapacity or resignation of such person, and all persons shall be entitled to rely
upon the same and no person who relies on the same, in good faith, shall have any liability for any act or
event undertaken in reliance thereon. No successor attorney in fact shall be liable for any act or omiss;on
of a prior attorney in fact and no successor attorney in fact shall have any duty to investigate or review the
actions of any prior attorney in fact.
Enumeration of Specific Powers Granted, Without Limitation
Without limitation, my attorney in fact shall have the following powers in addition to all other powers
conferred on my attorney in fact by operation of law: To demand, sue for, recover, collect and receive
all such sums of money, debts, rents, accounts, legacies, bequests, interests, dividends, annuities and
demands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to me; to
have, use and take all lawful ways and means in my name or otherwise for the recovery thereof, and to
compromise, settle and adjust and to execute and deliver acquittances or other sufficient discharges for
any of the same; to bargain, contract for, purchase, receive and take lands, tenements, hereditaments,
and accept the seisin and possession thereof and all deeds and other assurances in the law therefor, and
to lease, let, demise, grant, bargain, sell, remise, release, convey, mortgage and hypothecate lands,
tenements and hereditaments. including my right of homestead in any of the same for such price, upon
such terms and conditions and with such covenants as my attorney shall think fit; to sell, transfer and
deliver all or any shares of stock owned by me in any corporations for any price and receive payment
therefor, and to vote any such stock as my proxy; to bargain for, buy, sell, mortgage, hypothecate and in
any and every way and manner deal in and with goods, wares and merchandise, choses in action, and
other property in possession or in action, and to make, do and transact all and every kind of business of
whatsoever nature or kind; for me and in my name and as my act and deed, to sign, seal, execute,
acknowledge and deliver all deeds, covenants, indentures, agreements, trust agreements, mortgages,
pledges, hypothecations, bills of lading, bills, bonds, notes, evidences of debt, receipts, releases and
satisfactions of mortgages, judgments and other debts payable to me and other instruments in writing of
Page 1 - DURABLE POWER OF A TIORNEY
)
whatever kind of nature which my attorney in his/her absolute discretion shall deem to be for my best
interests; to have access to any safe deposit box which has been rented in my name, or in the name of
myself and any other person or persons; to sell, discount, endorse, deliver and lor deposit all checks,
drafts, notes and negotiable instruments payable to my order; to withdraw any moneys deposited in my
name with any bank, by check or otherwise, and generally to do .any business with any bank or banker
on my behalf; to complete, sign, and deliver any tax return or form and pay taxes thereon or collect
refunds therefrom; also
To prepare and file all income and other state and federal tax returns which I am required to file
and to sign the same for me in my name, place and stead, and to prepare and execute any and all
documents related thereto and to receive any and all confidential financial information relating to me; also
To invest, reinvest, transfer, withdraw, exchange, manage and otherwise dispose of and deal in
any and all of my real and personal property and assets and investments of every kind and nature,
including but not limited to all financial investments, stocks, bonds, mutual funds, treasury bills, certificates
of deposit, money market funds, bank accounts, limited partnership interests, investment trusts, retirement
accounts, deferred compensation accounts, annuities, brokerage accounts, mortgages and mortgage
funds, and any and all other tangible and intangible assets and investments of every kind and nature; also
To have access to any and all of my safe deposit boxes and the contents thereof; also
To transfer assets to and to withdraw assets from any revocable living trust of which I am the
Settlor or concerning which I have the right to contribute or from which I have the right to withdraw; also
To direct, manage, transfer, withdraw and otherwise dispose of all of my life insurance policies,
retirement accounts, pension funds, social security benefits, retirement benefits, annuities and other
benefits and investments owned by me or concerning which f have any ownership, control, entitlement
or interest; also
To make gifts of my assets to any of my descendants in amounts not to exceed in any calendar
year the amount excluded from gift reporting under IRe 2503(b) as it may be amended from time to time;
also
To sell, grant, bargain, convey, encumber, lease, and otherwise dispose of my interest in the real
property situated at 328 Cambridge St., Ashland, Oregon, and the contents thereof and all personal
property, fixtures, equipment and improvements situated thereon, regardless of the nature of my interest
therein, in my name and in my behalf; also
To do and perform all and every act and thing whatsoever requisite and necessary to be done in
and about the premises, as fully to all intents and purposes as I might or could do if personally present,
hereby ratifying and confirming all that my attorney shall lawfully do or cause to be done by virtue of these
presents.
Power of Attorney to Remain in Effect Following Incapacity
This power of attorney shall remain in effect after the incapacity of the undersigned and until the
death of the undersigned.
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Page 2 - DURABLE POWER OF A TIORNEY
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, ,
My attorney and all persons unto whom these presents shall come may assume that this power
of attorney has not been revoked until given actual notice either of such revocation or of my death.
Dated: This 2. z. day of
1v1M. CH
,2006.
~t1d 7fM
Todd Ellis
STATE OF OREGON )
County of Jackson ) ss
2006, by Todd Ellis.
This instrument was acknowledged before me on the "'Z. 'Z-- day of ~
~
"
Notary Public for Oregon
My commission expires: / c.:J. Z~. 0 3
/
Page 3 - DURABLE POWER OF A TIORNEY ')