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HomeMy WebLinkAboutBuilding Miscellaneous 1982-8-5 .. ..... '.. ~@~@~~U\D@)lliJ~ ... /' CITY OF SPRINGFIELD August 5, 1982 TO: Lorne Pleger, Department of Public Works JOe~~ahY, Office of City Attorney ~ FR0l1: Please find enclosed for your information and your file the original of the Declaration of Restrictive Covenant affecting the premises at E1S)and 7255.jifaJ.n)street. - Please note that this Declaration of Restrictive Covenant was recorded on August 4, 1982, Reel No. 1204-R, Reception No. 8222842. I was happy to be able to assist you in this matter. JJL:bkh enc. ,/) "-- -, ,'!, / ",~ ,VfJ .. . I~i- .. ~ ~.t.. (-e- /' 1':\~~'.Yv ~ \\ c '(?' 8222842 DECLARATION (W HE~)'l'RICTIVE COVENl\NT 1. Elmo and, Jewel Aldrj.dge are the owners of property located at 715 Main Street, Springfield, Oregon, which is more particularly described and set forth as follows: Beginning at a point 64 feet East of the NW corner of Block 63, Springfield Investment & Power Co.'s Addition to Springfield, run thence East 30.0 ft. thence South to the North line of the alley in Block 63; thence West 30.0 ft. thence North to the point of beginning. 2. Art and Ruth W~rs are the owners of property located at 725 Main Street, Springfield, Oregon, which is more particularly described and set forth as follows: Beginning at a point 94 feet East of the Northwest corner of Block 63 of Springfield Investment and Power Company's Addition to Springfield, as platted and recorded at Page 306 of Volume 25, Lane County Oregon Deed Records; thence East 14.00 ft thence South 120.00 ft thence West 14.00 ft thence North 120.00 ft to the place of beginning, in Lane County, Oregon. 5565A001 08/04/82 REC **0003** 3. Springfield College of Beauty, is a business owned by 12.00 Art and Ruth Wa~rs, presently located at 715 Main Street, leasing business space from Elmo and Jewel Aldridge. The Springfield Collegepf Beauty desires to have access to the building located at 725 Main Street. In order to facilitate that access, the owners of 715 Main Street, Elmo and Jewel Aldridge, and the owners at 725 Main Street, Arthur J. and Ruth M. W~rs, have agreed that a doorway may be cut in the east wall of the building at 715 Main Street, and the west wall of the building at 725 Main Street. " ,p ) . I "-~ .- .. ," .. 8222842 4. The City of Springfi(;Jd has no objection to (;uch a doorway, provided however, Elmo and Jewel Aldridge and Arthur J. and Ruth W~rs agree that in event that the W~rs terminate their lease agreement with the Aldridges and vacate 715 Main Street, the 4' x 7' doorway will be filled in with masonry, water tight on the outside and finished on the inside. 5. It is further agreed between all of the parties that all construction accomplished shall be in accordance with applic- able State of Oregon or City of Springfield requirements for structural and fire and life.safety, plumbing, electrical and mechanical. 6. It is understood by Arthur J. Waters and Ruth Wa~rs and by Elmo Aldridge and Jewel Aldridge that each of them promise to accomplish the closing of the doorway in the event of the lease termination by the Waters and that the promises made herein shall be binding upon them and each of them and their successors in interest, and, shall be binding upon their respective property interest herein described. In consideration for the promises of the Waters, and the Aldridges, the City of Springfield is permitting the cutting of the 4' x 7' doorway through the wall. 7. In the event that the City of Springfield is required to incur attorneys fees or initiate litigation to compel compliance with the requirements of the agreements made herein by the w~rs and the Aldridges, W~rs and the Aldridges agree that if the City of Springfield is successful in its litigation, Waters and the Aldridges shall 'pay all attorneys fees, including the cost of appeals, if any. 8. The true consideration for this document is other than c? . . . J ~"')' ': ~ '- .. .. monetary. g~~ ELMO ALDRIDGE ~ STATE OF OREGON ) ~, ) ss. ;c~1,I1'l'l!}I:"'G~ Lane, )'. "~' ..1C;,:RliB/ "'; ,,' ... ~~,~.~.~~'}_hh..; lt~\l..~-';. ,"_ -g,"9/' SUB{i~M.BED AND SWORN to ":,,,:~'/~~ '0'':1 ,H. Y \J.J:.~~:"-,'~ =,/~ -I (Ii '(, '\'-~ ",' '. = -:..l:. "I ,~=- .~~, ~. .., ~~<.i;1F~ 1 ":......' \ ..... "0 :.~ '~-:,;'~..r'4:-:., ' . ," .l"'!'(,-lj.'':t~.: ,~ '#~. ",~',t'~"l~1f{@~~,.~~~ti; ",' , ."'liWI~,~'~-,,\" .'~ . . ~b'!~lhlull""....4. \....~. '. . ....' ~._~:..; qt. J.. "\'- , : \i.r';~:~.~ IV ai/a..-J ARTHUR J. ~t~.i'ERS VJ~M<Yr..s ss. SWORN to .. :':- . . '. - THE'CITY OF SPRINGFIELD BY:~U STATE OF OREGON ) ) ss. County of Lane ) ...... ....,., .' ,..." tMSB~SCRIBED / .'q;..,........."',4,'(~..~ . 'i ',0 '" . ~/ ~r~ \~\ , ..JI: 0 .~ ,.f' :'::: , ',:, ~ .e.. 'y- : I::> = -.G;:,. ..~ .~- ;-;::;"","n~ ,:I>:i?< ~ ~". .r~ .:"c:t:-.: '{'" '.....i';..,.-.;;.-;.,~ ~./ '..,...6J'Jl;'j'1l "',....... .. 8222842, ' ...t A [%:wi; A~ b,fo" ,thi, 02./~a f June~, 1982. ,// /"", ~ _ ,'/1',e. __~~ N Y PUBLIC FOR OREGON ,L_..:2j~ /3 't ~:::h:~i"" RUT~"T:C..s WC:i liE;' S befrlo,m this.;:f, ~a of Jun~, 1982. "~ U~~ - - - - ~... ' NOTARY PUB IC F R OREGON +-e2J"--/~ My Commission Expires: ,. ~ AND SWORN to before me this ZZ.",(day of June, 1982." (, ~~~T~n~mTn~ _ ~ _ (onn\ d- :-" c~: :: c-:',-.- , -.i.- . NOTARY PUBLIC FOR OREGON ~ ' Ny Commission Expires): 3-11-811- ", 8ZZZ84Z '- State of Oregon. County of Lane-55. I. D.M. Penfold, Director of Records and Elections Division, in and for the said County, do hereby certify that the within instrument was received for record at 4 Al1l 52 III 02 Reel 1:204 R Lane County OFFICIAL Records. n.M. Penfold, Director of Records and Elec. lions Division. By D<pu'y 4Jl, I C)().53 ,....'''111/,'.... ur'" I ., ".~ ::...;. ;.~. '1'........ )'-".., ":V " . "..!.' ." <'\:, '.''';\~,;\ ,.. ,''','!,. ; " .,)", ..... / \ '.. ,.; .. '. ',,j'," ,.; .h , .' . , " . . , . . . ;\ '- ~ ....., .' tI,.... ~""\.~"", oJ' , . ,.. ~ . .... ."., ........,-,.'...- , .- . ' " ~... . '.. fooo. ....., .~.. , J \ i rJl.t/'f~~-_'.'" .. iarristrrs' Albr /.\ I I ,I \ ~o'neYServ~ 6. 687-0747 Vv Date 'ii/(lli~ Time4,{,I Firm.J../II^n.ll. Hallrlfd 4/ ~L--- Case Title (l;-J-;. Ir'!\JJMc{.,) U Sec B/+ - Att ,UI Case No, Cir_Dist_ Documentl: ;,& I rJ fl.A f1 71 ;\rt )'7f\ U ,cA /-\ , ho . ;::r- File 'Record "- ,Serve Deliver_to:' Pick'up_from' $ /.J - 'ttached, Check x:... Cash Picked up Date Ti me M Aeturned Date Time M, ---~-- ----..--- - - . '.,,,, . 'lANE COUNTY' DEEDS/RECORDS I 08/04/82 *'10003*'1 REC 12.00: CASH 12. DO I 5565AO 01 L THANf~ YOU ""',1 I , ~ 'I I i ,-.J