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Home My WebLink About2013-013 Easement - Delsman y Jackson County Official Records 2013-004849 R-E 0211112013 01:05:28 PM Cnt=1 MORGANSS $25.00 $10.00 $5.00 $11.00 $15.00 TOtal:$69.00 $3.00 0158717020100046 90050051 I, Christine Welker, County Clerk for Jackson County, Oregon, nrtlfy that the instrument Identified herein wee recorded In the Clark records. Christine Walker - County Clerk GRANT OF EASEMENT FOR SANITARY SEWER Grantors: Joseph W. and Elaine M. Delsman 555 Fairview 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: $0.00 and exchange of interest in certain real properties and performance of services all as outlined in paragraph 3. below. Send Tax Statements to: Not applicable 1. Grantors own property known as Tax Lot 391 E04B-700, also referred to as 1149 Oak Street, located in the City of Ashland, Jackson County, Oregon, and more particularly described in Document No. 89-11979 of the Official Records of Jackson County, Oregon. 2. Grantors grant and convey to Grantee, for consideration defined in paragraph 10, a perpetual, nonexclusive easement to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove a sanitary sewer pipeline and appurtenances 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. Consideration for the easement shall be as follows: a. Grantee deeds to Grantor all its right, title and interest in the existing easement granted to the City of Ashland and recorded in Volume 444, Page 301 of the Deed Records of Jackson County, Oregon. b. Grantee shall deed to Grantor all of its right, title and interest in that certain real property deeded to the City of Ashland as recorded in Volume 454, Page 39 of the Deed Records of Jackson County, Oregon (Tax Lot 39 1 E 4B-1000). C. The existing concrete pump station building is left on the property for the Grantors use. Grantee converts the existing electrical service to a single phase 110 volt service. All work and costs necessary to remove existing pumps and equipment is borne by Grantee. Grantor pays to Grantee the EASEMENT Page 1 of 3 G:\pub-wrks\eng\08-23 Nevada Sewer Bypass\A_Admin\Eeasements\08-23 Delsman Grant of Easement 01252012.docx usual monthly electric service fee as may be applicable. 4. 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. 5. Grantee shall provide Grantors reasonable notice prior to performing work in the Easement Area. 6. 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. Grantors 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 structures or plant trees upon the Easement Area without the prior written consent of Grantee. 7. 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. 8. This easement is granted subject to all prior easements or encumbrances of record. 9.. Grantee hereby agrees to hold and save Grantors harmless from any and all claims of third parties arising from Grantee's use of the rights granted herein. 10. 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. 4 WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of Y~h~ , 2013. GRANTORS: J oSe W. Delsman Elaine M. Delsman (Left Blank, See Next Page) EASEMENT Page 2Of3 G\pub-wrks\eng\08-23 Nevada Sewer BypassW_Admin\Eeasements\08-23 Delsman Grant of Easement 01252012.docx STATE OF OREGON ) ) SS. County of Jackson ) ~h Personally appeared this 5 day of 2013, the above named Joseph W. and Elaine M. Delsman and acknowledged the foregoin instrument to be their voluntary act and deed. Before me: ~~y~indLC~° OFFICIAL SEAL Notary Public for Oregon BRENDA L BARKER My commission expires: NOTARY PUBLIC OREGON COMMISSION NO. 460033 #my COMMISSION EXPIRES JULY 13, 2015 T CITY ACCEPTANCE (ORS 93.808) CITY OF ASHLA GRANTEE City Administr, tor, City of Ashland, Oregon State of Oregon )SS County of Jackson ) The foregoing instrument was acknowledged before me this 7 day of 2013 by Dave Kanner City Administrator for the CCityyyy of Ashland. Before me: OFFICIAL SEAL DIANA R SHIPLEY rY NoPublic for 0re9-on NOTARY PUBLIC-OREGON My commission expires: ~OVNbcr Qjj 2V COMMISSION NO. 454135 i MY COMMISSION EXPIRES NOVEMBER 28, 2014 EASEMENT Page 3 of 3 G \pub-wrks\eng\08-23 Nevada Sewer Bypass\A_Admin\Eeasements\08-23 Delsman Grant of Easement 01252012.docx EXHIBIT `A' SANITARY SEWER EASEMENT A strip of land, over and across a portion of that certain property described in Document No. 89-11979, Official Records, Jackson County, Oregon, being 10.00 feet in width and lying 5.00 feet on each side of the following described centerline: Commencing at the Northwest comer of Donation Land Claim No., 53, in Township 38 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00 19' 02" West, 1977.05 feet to the Northerly line of Nevada Street in the City of Ashland, Oregon; thence along said Northerly line, North 89° 48' 09" West, 106.10 feet to the Point of Beginning; thence along said existing sanitary sewer line, North 2° 0013 1" East, 167.38 feet; ; thence North 49° 43' 14" East, 406.41 feet; thence North 30° 52'23 " East, 290.15 feet to the West line of Oak Street as surveyed and mapped by the Jackson County Engineer in February of 193 8, being the Point of Termination. October 31, 2011 Reg IS TIER ED PROFESSIONAL LAND SURV~CDP C OREGQN JULY 313, 1 OW .STUART WOSMU8 No. 2484 rl LEGEND EXHIBIT 'B' SANITARY SEWER EASEMENT - - - - PROPERTY LINE DELSMAN PROPERTY - - - - - - EASEMENT LINE OR 89-11979 OFFICIAL RECORDS, 1 JACKSON COUNTY, OREGON - EXIS77NC SANITARY I VOL454 PG.39 DEED RECORDS, SEWER MANHOLE JACKSON COUNTY, OREGON - THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS ON THIS EXHIBIT SHALL NOT AFFECT THE / / - I - DEED DESCRIPTION. NW CORNER DONATION / LAND CLAIM NO. 53 I T38S R1E ~ / hhol`~ I I~ r n I DATE.- 10-31-11 SCALE. 1"= 100' 39 1E 04B .I 700 OR 89979 i / t~ p0 DELSMAN FAMILY TRUST I I EXISTING SANITARY SEWER MANHOLE I ABro'SI~T@fl~D I fff t~~oFESSIONAL I 39 1E 04B ! I LAND SURVEYOR I TL 1000 I _ I aW I , VOL454 PG 39 M CITY OF ASHLAND \ o . I ORE JJLY e ie4o I . 2 B'TUAIIT M. OSMUS 14o. 2484 >b~•~ IL-3l - 11 I ' NB9'48'09' W / _ 106.10' . EXIS77NO SANITARY NEVADA STREET SEWER MANHOLE _ _ _ _ _ - _ _TERRASURVE . I INC_ PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 tefne6lspnet JOMA2240