The URL can be used to link to this page

Home My WebLink AboutBlue Grass Downs Mitigation AgreementJackson County Official Records 2008-003001 R-DR Cnt=1 Stn=10 ALONZOlP~~25/2008 02:30:18 PM $25 00 $5.00 $5 00 $11.00 TOtal:$46.00 01305658200800030010050051 I, Kathleen S. Beckett, County Clerk for Jackson County.. Oregon, certlry that the instrument identlfled herein was recorded In the Clerk records. Kathleen S. Beckett -County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE BLUEGRASS DOWNS MITIGATION AREA This declaration of deed restriction (herein "Deed restriction') is made this ~~ day of ~~ 2008, on behalf of the City of Central Point, Oregon ("Declarants"). ARTICLE 1 RECITALS A. WHEREAS, Declarants are the owner of certain real property located in northeast Central Point, Jackson County, Oregon, described in the attached Exhibit A and as depicted on the map attached as Exhibit B (the "Property"), and desire to maintain the area as a wetland mitigation site in accordance with the Permits approved of by the Oregon Department of State Lands (the "Department") and U.S. Army Corps of Engineers (the "Corps"). B. WHEREAS, Declarants desire to provide for the preservation and enhancement of wetland values of the Property and improvements thereon, and to this end desire to subject the Property to all covenants, restrictions, easements and other encumbrances hereinafter set forth, each and all of which is and are for the benefit of the Property. ARTICLE 2 DEFINITIONS 1.1 "Declaration" shall mean the covenants, restrictions, and all other provisions set forth in the Declaration of Covenants and Restrictions. 1.2 "Declarants" shall mean and refer to the City of Central Point, Oregon, its successors or assigns. 1.3 "DSL Permit" shall mean the final document 31045-FP approved by the Department and "Corps Permit" shall mean the final document 2003-00566 approved by the Corps that formally establishes the wetland mitigation and stipulates the terms and conditions of its construction, operation, and long-term management of the Property. ARTICLE 3 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES Declarants and all users of the Property are subject to any and all easements, covenants, and restrictions of record affecting the Property. 1. Declarants hereby declare that the Property shall be held, sold, and conveyed subject to the following restrictions and covenants, which shall run with the Property, and each and every portion thereof, and shall be binding upon all parties having or acquired any right, title, or interest therein. 2. Declarant may lawfully discharge storm water runoff to the Property, provided that said runoff has received adequate and acceptable pre-treatment. 3. There shall be no agricultural, commercial, or industrial activity undertaken or allowed in the Property; nor shall any right of passage across or upon the Property be allowed or granted if that right of passage is used in conjunction with agricultural, commercial, or industrial activity. 4. Upon Property improvements for mitigation purposes, there shall be no filling, excavating, dredging, mining, or drilling of the Property; no removal of topsoil, sand, gravel, rock minerals, or other materials, nor any dumping of ashes, trash, garbage, or any other material, and no alteration of Property topography is allowed. 5. Declarants reserve the right to make future improvements to the Property for legal purposes and to attain the goals outlined in the DSL and Corps Permits, including but not limited to informational signage, placement of site boundary markers, installation of fences, and construction of underground utility lines. 6. Declarants reserve the right to maintain the Property in accordance with the terms and conditions of the DSL and Corps Permits. Such maintenance includes, but is not limited to, planting of native vegetation, mowing, grading to achieve wetland hydrology conditions, removal of non-native vegetation and non-native animals, plus other vegetation management or activities needed to fulfill the intent of the authorized mitigation plan. Declarants reserve the right to remove or trim trees and shrubs that interfere with day-today operations of the authorized facility, as specified by the mitigation or amended by correspondence with the Department and Corps. 7. Upon Property improvements for mitigation purposes, there shall be no filling, excavating, dredging, mining, or drilling of the Property; no removal of topsoil, sand, gravel, rock minerals, or other materials, nor any dumping of ashes, trash, garbage, or any other material, and no alteration of Property topography is allowed 8. This deed restriction may not be construed as a gift or dedication of the Property to the general public, nor as a right of use or access by the general public. 9. No part of this Deed restriction may be terminated, amended, or revoked without the written approval of the Department and Corps. 10. If any provision of this Declaration of Covenants and Restrictions is or becomes illegal or unenforceable for any reason, the remaining provisions will remain in full force and effect. IN WITNESS WHEREOF, Declarants have executed this Declaration as of the date first above written. DECLARANTS: City of Central Point, Ore/gon/~ By: ~,~, G%t~ y Name: Hank Williams Title: Mayor STATE OF OREGON ) ss. County of Jackson ) This instrument was acknowledged b ore me on ~ 2008, by Hank Williams, acting as Mayor of the City of entral Point, Ore ,~, Notary Public for Oregon o~F-ctat, ~ ~" My Commission Expires: S s ®~~~ra~ ~~a~a® lJUTARY AlJBIIC o ORBQOPi COMMISStOlV NO. 378628 MY COOAPAtSStON ;rXPIR~B AAAYIB,Z~ Attachments: Exhibit A -Legal Description of Property and Subject Area Exhibit B -Map of Property and Subject Area THIS SPACE RESERVED FOR RECORDER'S USE C4TY O)R CENTRAL POINT Iss s.2 street Central Point, Or. 97302 Grantor's Name and Address DUNCAN DEVELOPMENT, LLC P.O. Box 3656 Central Point, Or. 97302 Grantee's Name and Address Jackson Codrty Qlficial Records 2005-011 o T7 R•eso ~~n~q~ 03!2005 09:21:54 AM Cnl=1 Stn=1(S CUTTiNI'>/r" 55 ~~o ss.66 s1(ae Total:$21.00 After ramtdhrg reonu to: CITY OF CENTRAL POINT ISS S.2 Street Central Point, Or. 97302 Until a ahango is requested all tax statements shall be ttent to The followhtg address: CITY OF CENTRAL POINT ISS S.2 Street Central Point, Or. 97502 01093977260500116770010615 1 N,pd,1n S. 9,CM,y, C°unly CI,rA 1°rJNM,°n C°uMY. Or,y°n. c..Ury :NI tl» In,trum.M Id.MIMd hmM w„ n<orMd In M. CI,rM ~COro~' Kathleen S Beekell • County Clerk Escrow No. ~~ BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That DUNCAN DEVELOPMENT, LLC, an Oregon Limited Liability Company, hereinafter called. grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey onto CIfTY OF CENTRAL POINT, A MUNICIPALITY OF THE STATE OF OREGON, hereinafter called grantee, end tmto grantee's hefts, successors and assigns all of that certain real property with the tenements, hereditaments and applnlerlences thereunto belonging or in anyway appertaining, situated in the County of JACKSON, State of Oregon, doscn'bed as follows, to wit: Lot 70 of BLUE GRASS DOWNS PHASE 1, City of Central Point, Jackson Couuty, State otOregon. THI3 INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DBPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $-0- However, the actual consideration consists of or includes other property or value given or promised which is the whole / part of the consideration. In coaswing this deed, where the context so requires, the singular includes the plural and all gramtnatical changes shall be made so that this deed shall apply equally to corporations and to individuals. In Witness Whereof the grantor this instrument this I lth day of January, 2005; if a corporate grantor, it has a to bo signed end its seal if any, affixed by m officer or other person duly authorized to do so by order of of directors. DUNC~TDB IvIICHAEL IC~~3UN~A~ANAOING MEMBER.•._ State of Oregon County of JACKSON This instrument was aclmowledged before me on 1/11/OS by MICHAEL K. DUNCAN, MANAG DUNCAN DEVELOPMENT LLC. tlFFlalILaEAL K N ROEBER KYl ~ad2k~~" NOTARY PIlBIIC - ORf80N COMMISSION NO. 983471 (Notary Public for Oregon) NY Opi9ltrSNM E1fPWfs JAL 11 tW8 My commission expires~j~~ I'?~ ~tYJ~~ TOYOGRAI'HIC NtAi' OF SURVEI' Located /n the Southeast Ghe ter of 5ectbn 35, Tow/Mh/p 36 South, PREPARED FOR: aoye ~ ws9t of the fvrr~ ~~~ ~ ~ ury of ce~troi PoMt, Uty al central Polnt uo eMKn nw eaaar t• :T`t'. •i•;yT w :t &°"e.'+ i.-'.w1..'a.Ccca3 ! ;~?A':veiu"~.~ 17 RAID ~ ' ` ~ BFwG -' .nary i I « artauaa 1-_- ~ , /-- _.. ... .o sax_~ sear ,. :. ,.,., ,;. ~ _ -~,.. \ / M~ . --..c W'.°t°. ~.. ' •\ % . ~S y n.e~anr 1 ~"RAJ .\ ` \\~~~\\`~`tz ee\ \\ a 1` 1 >~ I II I I I xoTes: I osfine .dvd..a«wr. rrme ha... emeov .M..or. -~ I ~ .w arrbg Mrergdw wuax o M~/a ~ I i liwau.Mrv ~ rao.w+da'a~ Marf~amW d/acW I ma wmy cwpaua crgm.bMbbdnrt Yf I I I /LMCXp 4r 192 ~ t d/wsaor. ~ I 1SCOl-LdW nZ, .min, ra.aimr. acanocy i i . w,aMerr.~ Mmw r nnra d na aa.u. ', I~ l~.,ar mraMUM a con .a.. a d. aia.- ~ I gang/=ruy. _. ra i I OIMr a I Jaabm Co/ly,Maaa'Y My Mo, 9a ]M 9SW, rm ld 19gJ r . . ... r •. ..... . '..x....... ~. _ ~./ . . _- r c;. >, / , '~ <7. ~ , .... ~i•'~ s IJ!Jiti~Y~' A ~wvr P1 ~ s ¢I ~ ~ u ( .a TM+an ~ sa ~ `~ • _ f, ~ , ~ . I>, I ~ p /p 1 ` I ~ l i. ~ /.. ~,, - _. / r . kl / ' 1 ,.,, r ,~ ar+ j ........ ~~Ce~~ a a I ... ss.~ao9o~v aT~~ cif array MY6l r+o~b~cq a LMtlWd Rwlcy rtra eaym [wa /vvgy elq.a. rawrapo n9mt ~ Z' X LEGEND: o-- wrM..aMp wra y>w. Hard.. e~~ ~~. „ard... Ma,.d....a~w...a ~ln. ~.. a Maag.naa,,..~ nal,aM. ... M[MOMp maW mgaenh .•ta bY4w a.vart/ Man rr NneY. u Mara.l m..ny ^J+o.M m ..ny ~ pcl. a•a qy aw. bxm.. o~..ny vaMrvw.Ma~ .. ward..mwNVa+~~. w MtaaoMay a..M„na,a.a. s a analq Halt wd. f. Hard m a.ay 1H yYal. a a..anq ar nYU..aw. ~~I ~ mMW. nq bpNr w Maaa..anMM,q..yanna. .a lard..a...~„~,.,,a,a.~... a~ ~an.~,.~a,a.~.aa.. a,..an, Man aa.an aM. ...a W.Mwlkna~.~Mq. w >nrd.r w,.. . M. a. ~~.a~..'.=yM.Ma"~"' ns bflnw w ~ Pa' auy ewr.. sr ar. .we w°n rr Mw. sx ward.. ar w ~wmsb0ca~ s"~...J:. vd rg. ware..s~~r~1~~ a ax. w. waa a.w~Mawo..a rap o.ya BASIS OF REARINGS: 9v.•ayr. tb.b r}yrYO ~ fM ~ ~ a ~ M/~aY m eykbM /rwcM. s' RECORDER'S MEMO, POOR RECORD IS DUE TO QUN.ITY OF ORI(31NAL DOCUMENT