HomeMy WebLinkAboutRestrictive Covenant and Agreement Seven Oaks Crossing/DunnsJackson County Ot(icial Records 2010-001735
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140 South 3fO Street `~`~`~` Christine Walker-County Clerk
Central Point OR 97502
No change in tax statement
Space adave reserved for Jackson Co. Recording
Inlorrrration
RESTRICTIVE COVENANT and AGREEMENT
The undersigned owners of the real property described below, including the
undersigned owners of any leasehold interests in such property, do hereby covenant
and record their consent to the closure of the Seven Oaks Railroad Crossing located in
Jackson County, Oregon, and otherwise described as the Oregon Department of
Transportation Crossing No. C-447.70, or some other public at-grade crossing on the
Siskiyou mainline in Jackson County.
The parcels of real property that are the subject of this covenant and agreement are
located in Jackson County, Oregon, and are described as Township 36, Range 2 West,
Section 33, Tax lots 2700, 2800, and 2900 and are further described on Exhibit A.
The above covenant and consent is given in consideration of the City of Central Point
paying to Robert & Donna Dunn ,the sum of $44,418.82 to compensate them for
the added expense of moving farm equipment between the parcels described below
using the new proposed Scenic Avenue crossing or some other crossing as identified
above. This sum shall be payable in three equal installments, the first installment due on
December 28, 2009, and subsequent installments due on November 1st 2010, and
November 1st , 20i 1. In exchange for this sum of money, the undersigned also
expressly covenant to waive all present and future rights to oppose or remonstrate
against the closing of the Seven Oaks Railroad Crossing or some other public at-grade
crossing on the Siskiyou mainline in Jackson County. This waiver includes opposing or
remonstrating against the closure whether before the Oregon Department of
Transportation, Jackson County, the Cify of Central Point or any other government
agency that may be involved in the closure.
Page 1 of 2
All of the covenants shall be construed as covenants running with the land and shall be
binding upon the parties and their respective heirs, representatives, successors,
lessees, and assigns.
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Signature Signature Signature
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Print Name Print Name Print Name
Address:
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Signature Signature Signature
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Print Name Print Name Print Name
Address: Address: Address:
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State of Oregon }
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County of Jackson )
This 'nstrument was ack
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Notary's Signature ~~ ~BC ~~-
My Commission Expires: 7 - 3 / '~D/v
OFFICIAL SEAL
K flOCHELLE LAKE
NCTARY PUSLIC~OPEOON
COMMI$$ION N0. 404DSB
ISSION EXPIRES JULY 91, 2(
Accepted on behalf of the City of Central Point, Oregon, this ~~21 day of
December, 2009. By: /~ . /'~~
Title: C~
Page 2 of 2
Exhibit A
Assessor's Map No 362W33-2800
$eginning at an iron pin 2.64 feet South and 1253.87 feet West of the Southeast comer of DLC No. 60
in Township 36 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; and
running thence North 0°O8'h' East 174.24 feet; thence West 125 feet; thence South 0°08 'h' West
174.24 feet to the southern boundary tine of a tract of land described in a deed recorded in Volume 164,
Page 552, of the Deed Records of Jackson County, Oregon; thence East 125 feet to the point of
beginning.
Assessor's Map No 362W33-2700
Beginning at an iron pin 2.64 feet South and 917.96 feet West of the Southeast corner of DLC No. 60 in
Township 36 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence North
0°08'30" West, 1313.2b feet to the South line of tract described in Volume 226 Page 192 of the Deed
Records of Jackson County, Oregon; thence West 335.91 feet to an iron pin; thence South 0°08'30"
West, 1313.51 feet to an iron pin West of the point of beginning; thence East 335.9] feet to the point of
beginning.
Assessor's Map No 362W33-2900
Commencing at an 'von pin 2.64 feet South and 1253.87 feet West of the Southeast corner of DLC No,
60 in Township 36 South, Range 2 Wesl of the Willamette Meridian, Jackson County, Oregon; thence
North 0°08'30" East 174.24 feet to the true point of beginning; thence continue North 0°08'30" East
1139.27 feet to an iron pin; thence West 335.91 feet to an iron pin; thence South 0°08'30" West 1313.76
feet to an iron pin; thence East 210.91 feet to the southwest corner of tract described in Volume 450
Page 431 of the Deed Records of Jackson County, Oregon; thence North 0°08'30" East !74.24 feet to
the northwest corner of said tract; thence East 125.00 feet to the true point of beginning.
AND
Cotrtmencing at the northeast corner of DLC No. 61 in Township 36 South, Range 2 West of the
Willamette Meridian, Jackson County, Oregon; thence North 0°14' East 13.86 feet, thence West 507.4
feet to the center of a ditch (creek) for the true point of beginning; thence North 0°28'30" East, along
centerline of ditch, [o Southern Pacific Railway right of way; thence NoRh 35°08' West 643.50 feet,
along the west line of said Southern Pacific Railway right of way; thence West 43.42 feet; thence South
0°08'30" West 1313.26 feet; thence West 671.82 feet; thence North 0°08'30" East 1313.76 feet; thence
West 1089.86 feet to the west line of Donation Land Claim No 60 in said Township and Range; thence
South 1607.10 feet; thence East 2156.24 feet to intersect the centerline of a ditch (creek); thence in a
northerly direction, along the average meanderings of said ditch (creek) centerline, North 12° East 21.39
feet; thence North l°38' East 140.75 feet; thencc North 0°58'40" West 181.36 feet to the true point of
beginning.
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