HomeMy WebLinkAbout2012-168 Temp Easement - Colwell Loving Trt - Doc 2 Jackson County Official Records 2012-025351
R-E
Cnt=1 HELMANCD 08/0112012 10:33:53 AM
SUPPLEMENTAL RECORDING COVER P/ $3.00 1o.00SS.00$1100$15.0o Total:$69.00
PER ORS 205.234 PLEASE FILLC 1111111111 11111111111111111111
THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON 01539629201200253510050058
PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. I,Chria ire Walker,County Clerk for Jackson County,Oregon,catiry
that the Instrument identified herein was recorded In the Clerk
ANY ERRORS IN THIS COVER SHEET DOES NOT AFFECT THE records. Christine Walker-County Clerk
TRANSACTION(S)CONTAINED IN THE INSTRUMENT ITSELF.
4f-C{� 0A fl sli 14,Av
r4-,�.b�2.A-
1ltra n�o �afi dO , ibeR ?Sol-o T.Gwt�D rYt.� (�icb`,�faG�lon �rKGyG,.�
in ORS 205.160. Grantor (s) address (es) ORS 205. 4 2 (1) b.
M wed f� �U l Iaa sJ- pia �{
2. Grantee(s) as described in ORS 205.160. Grantee (s) address (es) ORS 205.23 (1)b..' w
Effective 01/01/2012
Document#2
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the Colwell Loving Trust,
hereinafter referred to as Grantor, whose trustees are John C. Colwell and
Cheryl L. Colwell, , in consideration of the sum of Eleven Thousand Four
Hundred Eighty One dollars and No/100, ($11,481.00) and other good and
valuable consideration, does hereby grant, license and permit to the City of
Ashland, its successors and assigns, hereinafter referred to as Grantee, a
temporary construction easement and right-of-way to use, occupy and crossover
the real property located in the City of Ashland and State of Oregon that is
bounded and described as follows, to-wit:
See Exhibit "A" attached hereto and incorporated by reference and made
part of this document as though fully incorporated herein.
And generally shown on:
See Exhibit "B" attached hereto and incorporated by reference and made
part of this document as though fully incorporated herein.
This grant of temporary construction easement and right of way is for the
purpose of using the same as a means of ingress and egress for the construction
of improvements to the Hersey/Wimer Intersection Re-Alignment Project No.
2002-05, including cut and fill slopes, over, across and upon the real property
described herein, adjacent to or in the near vicinity of the above described real
property for transporting equipment, personnel, supplies and materials that may
be necessary or expedient for the construction of said improvements and further
to store machinery, equipment, supplies, materials, dirt, rocks or earth thereon,
as may be necessary or expedient in connection with the construction of said
project.
Within a reasonable time after completion of said construction the Grantee
promises and agrees to replace and restore as nearly as practicable the surface
of the above described real property to its condition as it was immediately prior to
the date hereof.
This easement, grant, license and permit shall terminate upon the completion of
the construction of the street or utility above mentioned or (6) months from the
date of signing, whichever is later. The completion of construction shall include
restoration of the premises upon which the street or utility is constructed, and the
premises above described.
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.
Page 9 of 17
DATED this 'y— day of 12012.
THE COL ELL LIVING TRUST, G OR
John C. Colwe I, trus ee eryl L. Colwell, trustee
Colwell Loving Trust Colwell Loving Trust
J Page 10 of 17
EXHIBIT "A"
LEGAL DESCRIPTION—CONSTRUCTION EASEMENT
JOHN COLWELL TRACT 410 NORTH MAIN STREET
ASSESSOR'S MAP NO.39 lE 05 DA,Tax Lot 2500
A variable width strip of land for a temporary construction easement for street improvement
purposes,over and across that tract of land described within Instrument No.95-35359 of the
Official Records of Jackson Comity,Oregon,said tract lying situate within the Southeast Quarter
of Section 5,Township 39 South,Range I East of the Willamette Meridian,City of Ashland,
Jackson County,Oregon,more particularly described and bounded as follows,to wit;
Commencing at the southwest comer of Lot 6,Block 12 of the City of Ashland,according to the
Official Map of Ashland adopted by the City Council on November 5, 1888,lying situate in the
Southeast Quarter of Section 5 in Township 39 South,Range 1 East,of the Willamette Meridian
to Jackson County,Oregon;thence North 74°46'04"East,along the northerly line of Hersey
Street,a distance of 100.00 feet to the southeast comer of that tract of land described within
Instrument No.95-35359 of the Official Records in said County;thence North 15°03'33"West,
along the easterly line of said described tract,a distance of 1.35 feet to the POINT OF
BEGINNING;thence continuing North 15°0313"West,12.15 feet;thence South 74 046'04"
West,leaving said easterly line,a distance of 24.00 feet;thence North 83°09'16"West,3.42 feet;
thence North 39057'00"West, 15.50 feel;thence North 67°18'00"West,25.00 feet;thence South
74°46'04"West,4450 feet;thence.South 57 055'00"East,2931 feet;thence 59.20 feet along the
cusp of a 156.17 foot radius curve,having a delta angle of 21°43'06"(Chord bearing North
88°19'04"East,58.84 feet)to a point of reverse curvature;thence 22.11 feet along the arc of a.
143.83 foot radius curve to the left,having a delta angle of 08°48'28"(Chord bearing South
85 013'37"East,22.09 feet)to the POINT OF BEGINNING.
Containing 2055 square feet;more or less_
Prepared by:
Shawn Kampmann
Professional Land Surveyor
Polaris Laud Surveying_ LLC
P,O.Box 459
Ashland,Oregon 97520
(541)482-5009
Renewal Date:6/30/13
Date:February 24.2012
Page 11 of 17
EXHIBIT "B"
Z °�W� '•�° a i ���° as
�vzLO wm
:.;
Q0 '01
to
4 Q m
TAX L. 70002 n I h
o
_ IW
TAX LOT 10001
N JS'OJ']]'W- 100.00
N h a ff zl O
o ' �a � 6�gd'•�k W r1l
E
2
t
N
8 Ty55 Q
5 l
56.60' ]0' b' _
c b 1110• 5 ) -
15'13'52'E- 100.0°' '��� I
" M A I N — LST R E E '
N O R T H
N
r
O
b b
0 o Q7
x
ti ti � � ti I q
Ih Q
�' Page 12 of 17