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Home My WebLink About2012-182 Easement - Sisikyou Bellview LLC Jackson County Official Records 2012-028155 Cnt=1 MORGANSS 08121/2012 01:49:34 PM - nt $20.00$10.00$5.00$11.00$15.00 Total:$64.00 $3.00 15428402010 8155 040041 07542840201200281350040041 I,Christina Walker,County Clark for Jackson County,Oregon,certify that the Instrument Idantlfled herein me recorded in the Clark recallo. Christine Welker-County Clerk Grantor. Siskiyou Bellview LLC, an Oregon Limited Liability Company 2300 Siskiyou Boulevard Ashland, Oregon 97520 Grantee: City of Ashland A Municipal Corporation of the State of 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 PUBLIC UTILITY EASEMENT 1. Grantor owns property described as Lots 21, 22, 24&25 of West Bellview Subdivision, Phase 2, more particularly described as portions of Tract B described within Instrument No. 2011-009335 of the Official Record of Jackson County, Oregon, also denoted as being within a portion of Assessor's Map No. 39 1 E 14 CA, Tax Lots 7803, 7804, 7806&7807, located in the City of Ashland, Jackson County, Oregon. 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 public utilities 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"A"and "B." 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 Grantors 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. 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, provided that Grantor shall not build or place any the structures or plant trees upon the Easement Area without the prior written consent of Grantee. 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 EASEMENT . Page 1 of 4 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 WITNESS WHEREOF the parties hereto have subscribed this instrument this 041day of_"t(-2012. GRANTOR By: Sisl lyou BeIIvib By: Allan F. Sandler, President, Sandler Films, Inc. STATE.OF OREGON ) )ss. County of Jackson ) Personally appeared Allan F. Sandler who, being duly sworn, did say he/she is President of Sandler Films. Inc. and that said instrument was signed in behalf of said entity and acknowledged said instrument to be its voluntary act and deed. Befo OFFICIAL SEAL CONNIE R ACOSTA NOTARY PUBLIC -OREGON Notary Public for Oregon COMMISSION NO. 444226 My commission expires: Q t W COMMISSION EXPIRES JAN 29,2014 CITY ACCEPTANCE ACCEPTANCE(ORS 93.808) CITY OF ASHLAND, GRANTEE STATE OF OREGON ) ss. , 2012 County of Jackson ) Personally appeared Dave Kanner who, being duly sworn, did say he/she is City Administrator for the City of Ashland, Oregon, and that said instrument was signed on behalf of said city and acknowledged said instrument to b�e-its svvoluntary act and deed. Before me: NofAry Public for Oregon My commission expires: 8C1 S EO tarldil "- OFFICIAL SEAL KRISTINE BECHTOLD NOTARY PUBLIC-OREGON EASEMENT COMMISSION N0. 463852 MY COMMISSION EXPIRES NOVEMBER 27,2015 Page 2 of 4 I� LAND SURVEYING, LLC ti u x EXHIBIT"A" LEGAL DESCRIPTION-PUBLIC UTILITY EASEMENTS 903,907&909 BELLVIEW AVENUE&2370 SISKTYOU BOULEVARD ASSESSOR'S MAP NO.39 1 E 14 CA,Tax Lots 7803,7804,7806&7807 Three strips of land to be dedicated to the City of Ashland,Oregon for public utility purposes, over and across portions of Tract B,described within Instrument No.2011-009335 of the Official . Records of Jackson County,Oregon,said tract lying situate within the Southwest Quarter of Section 14,Township 39 South,Range 1 East of the Willamette Meridian,City of Ashland, Jackson County,Oregon,more particularly described and bounded as follows,to wit; EASEMENT"A" . BEGINNING at a 5/8 inch iron pin at the northwesterly comer of Lot 25,West Bellview Subdivision,Phase 2,recorded July 24,1998 in Vohune 24,Page 29 of the Plat Records in Jackson County,Oregon;thence South 00 046'50"West(Plat Record South 00 046'23"West), along the west line of said Lot 25,a distance of 16.44 feet;thence North 33'18'14"East,leaving said west line,a distance of 13.77 feet to the southwesterly line of Siskiyou Boulevard in the City of Ashland;thence North 56°05'41"West,along said southwesterly line,a distance of 8.84 feet to the POINT OF BEGINNING. EASEMENT"B" - Commencing at at a 518 inch iron pin at the northeasterly comer of Lot 25,West Bellview Subdivision,Phase 2,recorded July 24, 1998 in Volume 24,Page 29 of the Plat Records in Jackson County,Oregon;thence North 56°05'41"West,along the southwesterly line of Siskiyou Boulevard in the City of Ashland,a distance of 10.86 feet to the POINT OF BEGINNING of a ten(10.00)foot wide strip of land;thence South 14°49'00"West,leaving said southwesterly line, a distance of 44.24 feet to the easterly line of said Lot 25;thence continuing South 14 049'00" West,8.32 feet to the north line of an existing Public Utility Easement as denoted on the official plat of said West Bellview Subdivision,Phase 2;thence North 89 013'26"West,along said north line,a distance of 2.31 feet to said easterly line of Lot 25;thence continuing North 89 013'26" West,along said north line,a distance of 8.00 feet;thence North 14 049'00"East,leaving said north line,a distance of 58.52 feet to the said southwesterly line of Siskiyou Boulevard;thence - South 56°05'41"East,10.58 feet to the POINT OF BEGINNING. EASEMENT"C' BEGINNING at a the northeast comer of Lot 22,West Bellview Subdivision,Phase 2,recorded July 24, 1998 in Volume 24,Page 29 of the Plat Records in Jackson County,Oregon;thence North 89 048'46"West,along the north line of Lot 22 and Lot 21 of said Subdivision, a distance of 108.97 feet to the east line of existing Public Utility Easement as denoted on the official plat of said Subdivision;thence South 04°10'16"East,along said east line,a distance of 6.02 feet; thence South 89°46'48"East,parallel with and 6.00 feet adjacent to said north line,a distance of 108.44 feet to the west line of Bellview Avenue;thence North 00 049'43"East,6.00 feet to the POINT OF BEGINNING. Prepared by: _.... . .._. Shawn Kampmann Professional Land Surveyor -- - -' - - Polaris Land Surveying LLC P.O.Box 459 _ Ashland,Oregon 97520 Date:March 22,2012 1 - Renewal Dale:6!30/13 SA,u,,A392-a6swal 116M�2-PUEt.,�ca F. 0. Vox 459, Aehll::a, 0ragwc 97520 phone: (541) 4625009 - Fao: (541) 466-0297 Noblle: (541) 6019000 .. www.polarlssurvey.coor Page 3 of 4 > EXHIBIT B EASEMENT SURVEYMAP \ LYINGSTTUAT$li'nUN \ SOUI'HA1FSTQUAR7RR OF SEC77ON 14. TOWNSILP 39 SOE/777,RANGE I EAST,WdLAAIB=MERIDIAN \ CITY OF ASHLAND,JACKSON COUNTY,OREGON FOR a SISKIYOUBELLWEW LLC 0 \ 2300SisAyoREOR/.v&rd — Aa6lRRd OR:SOR dA �iSCa\e0 t +F \I Wes 2 = WEST BaLLNEW SJV<5TON Po{4SE 2 ho \ tr \ �ss °s\ y PROPOSED p \ EASEMENT A" \ O h ',47 PROPOSED `\v EASEMENT '$" . 13.77' ,,o L m N 33'18'14"E I •rp 10• P.U£ PER W.R.S. 2 •q LOT26 m N >p/1'O �(TO R£ VACATED) \ 3 LOT25* 1 /` d m Si b0 I T %/ n�M1gqtiOj �i• \ PROPOSED 2/2.31 LOT24 1 9. 1 N SfMFNT '$•' 1 / I 1 F �.B,.- e.J2• I Oy -N B9"13'26" W - 52,76• 1 I 20.49', Sp/ 79.97' N 89148'45" W - 100.46'((1 I PROPOSED I LOT 23 EASEMENT C' NI I - I w`4 5 874 '40" W -'v 108.97• J0• m Le 62.99 V �• 58.00• a� 4 X31 SRT40'10"W� - I6R41' 30•W WWI PROPOSED 1 p ti u I "C" PROPOSED EASEMENT p I awl 5 6' WIDE P.U.E. 1 g =1"il LOT21 'O LOT22 b2�I\ P b NI '4 I 5 ----' A HTtrSE E PUE� I a PER W$.S. 2 59.05 58.00' ^I 5 89'48'46"E - 170.05' J0 JO REGISTERED PROFESSIONAL SURVEYED BY: i.AND SURVEYOR POLARIS LAND SURVEYING LLC cT I, P.O. BOX 459 ASHLAND, OREGON 97520 .. ,oRWCOR (541) 482-5009 M ��w+anuauuw DATE: MARCH 22, 2012 2 L3 PROJECT NO. 392-06 RENEWAL DATE: 6/30/2013 As ors Nap No. 39 IE 14 G. Tar Lots 7803, 7804. 7806 & 7807 POLARIS LAND SURVEYING Page 4 of 4 l� CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Dana Smith DATE: 8-23-2012 PROJECT: JOB NO.: SUBJECT: THE FOLLOWING ITEMS ARE BEING SENT TO YOU: ENCLOSED x UNDER SEPARATE COVER REMARKS: Public Utility Easement-original recorded document for Bellview Subdivision. Department of Public Works *ct By: Scott leury Title: Engineering ervices Manager PUBLIC WORKS Tel:541488-5587 20 E.Main Street Fax:541488-6006 Ashland,0 on 97520 TTY: 800-7352900 =, www.ash�and.or.us