HomeMy WebLinkAbout2012-038 Easement - Ashland Creek Holdings Jackson County Official Records 2012-007383
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01519642201200073830060065
I,Christine Walker,County Clark for Jackson County,Oregon,certify
that the Instrument Identified herein was recorded In the Clark
records. Christine Walker-County Clerk
GRANT OF EASEMENT FOR
RIPARIAN WAY IMPROVEMENTS
Grantor: Ashland Creek Holdings, LLC
70 Water Street
Ashland, OR 97520
Grantee: City of Ashland, Oregon
Document to be Returned to: Barbara Christensen, City Recorder
20 East Main,Ashland, OR 97520
True and Actual Consideration: $1.00
Send Tax Statements to: Not applicable
1. Grantor owns property known as Tax Lot 39 1 E 09BB-16400, located in the City
of Ashland; Jackson County, Oregon, a more particular description of which is attached hereto
as Exhibit "A."
2. Grantor grants and conveys to Grantee, for the sum of$1.00, a perpetual,
nonexclusive easement to construct, reconstruct, install, use, operate, inspect, repair, maintain
and remove riparian improvements including but not limited to irrigation diversion intake, rock
vanes and bank protection on real property described below and further referred to in this
easement agreement as the "Easement Area." The Easement Area is located in Jackson
County, Oregon and is described as follows:
See Attached Exhibits "B" and "C."
3. Grantee, its agents, independent contractors and invitees shall have the right of
ingress and egress to the Easement Area for the purposes connected with this easement.
Grantee shall repair to the extent practicable any damage to Grantor's premises, and any
improvements thereon, resulting from Grantee's work on the premises.
4. Grantee shall provide Grantor reasonable notice prior to performing work in the
Easement Area: For the purposes of this agreement, reasonable notice is defined as 24 hours.
Work shall be performed between the hours of 8 a.m. and 5 p.m., unless mutually agreed to by
both parties. Schedule of work is to be mutually agreeable to both parties with Grantee
attempting to perform work on Mondays, Tuesdays, and Wednesdays whenever possible. In all
cases, if an emergency exists, then no notice or work restrictions are required.
EASEMENT
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5. This easement does not convey any right, title or interest to the surface of the
soil, nor any other rights except those expressly stated in this easement agreement. Grantor
shall have the right to use the Easement Area for all purposes not inconsistent with uses and
purposes of the property and the easement.
6. The easement granted herein is appurtenant to the real properties described
herein. It is the intent of the parties that the easement granted herein shall run with the land.
The easement granted herein shall be binding upon and inure to the benefit of the parties
hereto, and their successors and assigns.
7. This easement is granted subject to all prior easements or encumbrances of
record.
8. Grantee hereby agrees to hold and save Grantor harmless from any and all
claims of third parties arising from Grantee's use of the rights granted herein.
9. In case of suit, action or proceeding to enforce any rights or conditions of this
contract or appeal from said suit, action or proceeding, it is mutually agreed that the losing party
in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable
attorney's fee in such amount as set by the court hearing such suit, action, proceeding or
appeal.
IN WITNES EREOF, the parties hereto have subscribed this instrument this
day of 2012.
GRA O GRANT E:
By'
Gra eldon ar Patterso
Ashland Creek Holidays, LLC Interim City dministrator
EASEMENT
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STATE OF OREGON ).
) SS.
County of Jackson )
Personally appeared the above named Graham Sheldon and acknowledged the
foregoing instrument to be his voluntary act and deed.
Before me:
Notary Pub c for regon / 2/ /
OFFICIAL SEAL My commis ion pires: 4
JULIE A AUSTAD
NOTARY PUBLIC-OREGON
COMMISSION NO.457957
MY COMMISSION EXPIRES JUNE 21,2015
STATE OF OREGON )
) SS.
County of Jackson )
7,aoia
Personally appeared Larry Patterson, who, being duly sworh!did say he is the Interim
City Administrator for the City of Ashland, Oregon, and that said instrument was signed in behalf
of said city and acknowledged said instrument to be its voluntary act and deed.
Before me: (&Xa
OFFICIAL SEAL Notary Public for OregO
DIANA R SHIPLET My commission expires:
1 NOTARY PUBLIC-OREGON p �,ru„ p1b lat7�7
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28,2014
d , to to f
EASEMENT
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EXHIBIT A
Beginning at the Northwesterly corner of Lot 5, Block 15, of the city of Ashland, Jackson
County, Oregon, according to the Official 1888 Map thereof; thence Southwesterly, along the
Westerly line of said block, to the Southwesterly corner of Lot 3, said Block 35; thence
Southeasterly, along the Southwesterly line of said Lot 3, a distance of 72.0 feet; 'thence
North 23 degrees 43' East, along the Westerly line of tract described in Volume 53, Page
513, Jackson County, Oregon Deed Records, 38.0 feet, to the moat Northerly corner of said
tract; thence Southeasterly, parallel with the division line between Lots 2 and 3, said
Black 15, a distance of 15.0 feet, to the Southwesterly corner of tract described in Volume*
71, Page 123, said Deed Records; thence North 23 degrees 090 East, along the Westerly line
of maid tract, 50.0 feet, to the Northeasterly line of Lot 3, said Block 15; thence
Southeasterly, along the Northeasterly line of said Lot 3 to a point 120.D feet
Southeasterly (measured along the Northeasterly line of said lot), from the Northwesterly
corner of said Lot 3; thence Northeasterly, parallel with the Westerly line of said Block
15, to'a point on the Northeasterly line of Lot 5, said Block, 120,0 feet Southeasterly
from the point of beginning; thence Northwesterly, 120.0 feet, along the Northeasterly line
of .Lot 5, to the point of beginning. .
1 /
EXHIBIT B
DRAINAGE WAY EASEMENT
A portion of that certain parcel described in Document No. 03-12473, Official Records,Jackson
County,Oregon, being more particularly described as follows:
Commencing at the most southwesterly coiner of said parcel described in Document No. 03-
12473, from which point the monument located at the intersection of the centerline of Water
Street with the northerly line of Spring Street in the City of Ashland bears South 30° 12'32"
West, 178.72 feet;thence along the easterly line of Water Street,North 23°47'07"East,23.17
feet to the Point of Beginning; thence leaving said easterly line, South 76° 14' 13"East,2.49
feet; thence North 59° 12'05" East, 14.02 feet;thence South 640 59'05"East, 19.67 feet; thence
South 20° 59'28" East,4.40 feet; thence North 69° 00'32"East, 13.00 feet; thence North 20°'59'
28" West,4.89 feet;thence North 45°08'30" East, 51.41 feet; thence North 23°36'08"East,
6.65 feet;thence North 14° 54'09"East, 13.57 feet; thence North 420 13'33" East, 19.91 feet;
thence North 10°06'27"East,21.26 feet; thence North 17°00'53"East,39.01 feet;thence North
3° 19'35"East,26.76 feet;thence North 21"45' 19"East 41.38 feet to the northerly line of said
parcel described in Document No. 03-12473; thence along said northerly line, South 64°38'23"
East, 78.40 feet; thence along the easterly and southerly lines of said parcel the following courses
and distances;thence South 239 47' 07"East, 170.01 feet;thence North 64°36' 15" West, 31.13
feet; thence South 23" 11'39" West, 49.93 feet,thence North 64°35' 12"West, 17.39 feet;
thence South 23°47'07" West, 38.09 feet; thence North 64°35' 12" West, 72.00 feet to said
easterly line of Water Street,thence along said easterly line,North 23°47'07"East,23.17 feet to
the Point of Beginning.
December 14,2011
REGISTERED
PROFESSIONAL
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EXHIBIT G
®RAIMAGE WAY EA ENT
LEGEND
DATE.• DECEMBER 14, 2011
SCALE: 1"= 40'
PROPERTY LINE
°°®®®®-- EASEMENT LINE
MONUMENT AT INTERSECTION OF OR 03-12473 OFFICIAL RECORDS, JACKSON COUNTY, OREGON
WATER STREET CENTERLINE AND
NORTHERLY LINE OF SPRING STREET.
FOUND 112" IRON PIPE
EASEMENT
POINT OF BEGINNING
WATER STREET
S30'1232"W
17a,72, tL16
4' 39 IE 09BB °
s+l ' ASHLAND CREEK INN TL 16400 0
NI k ' OR 03-12473 t
v ASHLAND CREEK HOLDINGS, LLC
L14 e�l
ZI ® WOOD DECK BRICK TERRACE
L°'L9 ��®j11 m°O I
IS2347007"W ASHLAND CREEK.
38.09' DRAINAGE WAY EASEMENT
11 9.w 3
;71 tp
49.93' 1 h IRRIGA 710N P/PE
S23 47'07�W I
LINE TABLE 170.01'
LINE LENGTH BEARING
L1 2.49 S7674'13*E
L2 14.02 N5972'05'E
L THIS EXHIBIT IS FOR GRAPHIC PURPOSES
3 19.67 S6459'05"E ONLY. ANY ERRORS OR OMISSIONS ON
L4 4.40 S205928 E THIS EXHIBIT SHALL NOT AFFECT THE
L5 13.00 N69 00'32"E DEED DESCRIPTION.
L6 4.89 N2O'59'28"W
L7 51.41 N45'08'30"E
a8 3.5 N2331'08"E 9 13.57 N1454'09"E
0 19.91 ND SuFiVEYC1R '�'E' R.&ZAS�URVEY, INC.
N4273'33"E
Lit 21.21 N10'0627"E
2 39.01 N1700'53 E PROFESSIONAL.LAND SURVEYORS
L1
L13 26.76 N0379'35 E O t 0 p N 274 FOURTH STREET
L14 41.36 N2145'19 E �udrz" ' ASHLAND,OREGON 97520
L15 I Z39 N6435'12"W $TU No.2 o4 MUS (541)482-6474
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