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<br />- -.::'- __"7-."" - -- -.--_- __ --- - , _ + _ . =. . L .,.. _. __ ,_. __ . _. _ _ __ _". _ _" _ _ _ _._. . ... . :. .0 _ .+. -:0- _ _ _
<br />1= . ."~.'...." _ =.' .... ' .. ..,. .~"'_.' = .. __.....' _ ".. 0 u,".' 'd.' ",... _.--' -"j;'-".' ". _' ... .-'-'
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<br />2. A request . from Mrs...M. A.. Ward .a,t 2527, Agate St. for a w~iver. of set-Dack !
<br />for a garage on 25th. Avenue" whichis.on the, rear of her lot . This.. garage is I ,
<br />l~'" partly constructed and.. extends. beyond. the permissable setback. for. a. cornel' lo,t. \: I
<br />~." '-;;" The Board feels that since the lot in question is fifty-four feet (54 t) wide that ,I
<br />~ Mrs. Wardshould,.move...her...,gar:age. South and thus.. comply with the setback in.the block~"
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<br />It was.mov;ed.. by Cr.umb a ker,., ' seconded by' Davis tha t the. report of the Board of -Appeals 1,
<br />be received and placed on file and that the recommendations contained therein be. 1:
<br />approved. Motion carrled.. (Mr. Johnson entered at this time)/,,;, ~:
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<br />An agreement between the C1 ty of Eugene and W.' A. Terry and Margaret TerrY"l:'e: ....Ii .
<br />4 set-back at, 1371 West 6th" Avenue"was.submitted and read as follows: - '\~~'~ I
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<br />TTHIS AGREEMENT, made and. entered into this 18th. day. of September, 1947 by and ;'
<br />betWeen the CITY OF EUGENE, a munici.pal corporation of Lane County,. Oregon, as I'
<br />City, and W. A. TERRY and, ,MARGARET TERRY, :husband and wife, as Owners, , ;.
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<br />W.IT N E SSE T H I
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<br />That 'Wherea's, the, City has in force and effect in said City a set-backordi-' I:
<br />nance providing that buildings erect.eden the North side of Sixth Avenue West shall ':
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<br />be .. s.e.t . back... 16. feet from the. pr.op.erty l1.ne, and.. f
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<br />WHEREAS, the Owners desire to erect a building on the following described ::
<br />property, to-wlt:. - ;i
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<br />Beginning ata point..on. the, -Nor.th: line. of 6th. Avenue. West.. 100 feet of :'
<br />the..Southeast corner .of Fractional Lot 4, in. Fractional, Bl.ock;$, in .;'
<br />Skinner's original.dona.ti.on. to Lane County.. {now, a part,of the City of
<br />Eugene), running. thence West along. the North line of 6th: Ayenue afore- i
<br />said 60 feet, running thence North 50 feet, thence East 60 feet, thence I.
<br />South 50 feet to the place of beginning, all in the Ct ty of Eugene, .
<br />Lane .Coun.ty Oregon.;
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<br />which building it is desired by the Owners shall encroach upon and extend southerly
<br />across the set-back line. af.oresaid,; and,.. .
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<br />WHEREAS, the City does no~ intend to immediately widen said street but desires I
<br />to protect its rights in so. d,01.ng.,_
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<br />NOW, THEREFORE, in.cons.ideration of. the.' premfses, it is agr.eed be,tween the
<br />parties. hereto. tha.t the Owners .ma.y" erect the. structure now pro,posed .to,.be erected
<br />on. the above' descTibed r:eal esta,t.einsuch a manner that" there shall be a definite
<br />break.. in the'8,ctual ,construction. a.t .the po.int.where such structure should cross the
<br />aforesaid set-.back.l.ine,,,and.that.the. portion of. the building constructed southerly!
<br />of such building set-back line shall be so constructed that it can be separated :
<br />and remove,d.withoutinjury. to the .remaind er of the building... i
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<br />It is further. agreed, between the parties hereto that in, consideration of the
<br />C1 ty' s permitting the Owners to. .ere,ct.said huilding as aforesaid", that tp.e said
<br />Owners hereby. . expressly agree on, behalf of thems.el,ves , individually, the.ir re-
<br />spective heirs and assigns, said. agre.ement. :t)o. run w.i th the. land and bind it, that
<br />at any time the . City, or, any.'agency of the State of, Oregon shall under,take to widen
<br />Sixth Avenue. West, that:.the said ow.ners, ,the.ir he.irs.. and assigns aforesa.id, shaill
<br />make no claim for damages: on.. account of. the, portion.,of said building standing and .
<br />encroaching. southerly of the aforesaid set-back line, but shall claim. damages only !
<br />for the land taken and that the Owners, their, heirs and assigns.,. shall, upon demand
<br />of.the. City, in case of such street widening, immediately remove that portion of
<br />the buildtng encroaching and overlapping the set-back line as aforesaid, without
<br />expense. .to the City..
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<br />In the event the ,pre.s.ent.$et~backlineordina.ncereferred to above shall be i I
<br />modified or repealed, it _ is. hereby -agreed that. in. the..ev.ent . of suchmodif ication, :
<br />.such. modification. shalLin.ur,e. t.,o, ,.thebene.fit.of .the. Owners her.ein, and.. their suc- h
<br />cessors. . in.. ,interest. in.. the . ownership" of said real. propert.y,. and...that...in.. the eV,ent i: >
<br />of the. repeal of: said,.,ordi.nance, .this,agreemen.t .shall" in such event., be annulled I:
<br />and held .for naught, and the Owners herein or their successors in interest in the
<br />ownership of said property shall be relieved' from any of.1?he:obligations of this
<br />agre ement. .'
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<br />This contract. i.s...en.tered intoa.nd. aC.,l{now, ledged' and recorded to.. g. ive notice to I
<br />all subsequentpur.chase.rs of said prop,ert'y that .the City shall not b~bound to pay
<br />any damages for that portion of said ,buildLng constructed southerly of said building:.
<br />set-baclc line incase ofa. widening..o.T-.cond.emila;tion.of. said...street. .
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<br />This contract shall bind the heirs, executors, ad~inistrators and assigns of
<br />the respecti.~ parties. heretG. .
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<br />IN WITNESS WHEREOF,. the Oi ty . has caused these presents to be e~,e:(p~,~.ed by its
<br />officers. thereto duly authorized, and the Owners have hereunto set th'~~p. hands and
<br />seals this day and year f'irst written above. ..,'
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