Loading...
HomeMy WebLinkAbout2007-097 Bld. Agrmt - Ellis/Carnes Jackson County Official Records 2007-028770 R-A Cnt=1 Stn=3 MORGAN~/18/200711:56:37 AM $2500 $500 $5.00 $11.00 Total:$46.00 1II1I I 1I1II II1I1I11 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 ,/ I' . 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 . ;:'.t:"..:t>>M- ., -. ~~.. .>....... 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 t-l.'21.6/ ." ~.. ~ B~eR.-Lf My commission expires: 4-7-0c; OFFiCIAL SEAL B. BOSWELL NOTARY PUBLlc-oREGON COMMISSION NO. 391&:"&: MYCOMMTSSJONexl""'E'i!iw ,..--- " 0 APR. 07, 2009 -. v 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 ~ 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. 1//// Page 2 - DURABLE POWER OF A TIORNEY ~ , , 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 ')