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HomeMy WebLinkAbout2013-386 Easement - Ashland School Dist 5 Jackson County Official Records 2013-040634 R-E Cnt=1 MORGANSS 12/0412013 02:09:13 PM Cnt $20.00$10.00$8.00$11.00$15.00 TOtal:$67:00 $3.00 l illlllll II 11 01607782 629200113 30040634006340IIII III 016040044 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument Idemired herein was recorded In the Clerk records. Christine Walker - County Clerk Ashland School District #5 Jay W. Hummel, Superintendent Grantors: 1497 East Main Street (391 E 10 700) 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 PERMANENT SANITARY SEWER ACCESS EASEMENT 1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee", for the sum of $1.00, a perpetual non-exclusive easement in gross for ingress and egress to sanitary sewer facilities owned by Grantee, said easement is situated 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 the attached Exhibits A and B 2. Use of Area. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or place any structure or plant trees upon the easement area without the prior written consent of Grantee. Grantor shall have the right to alter or move the existing roadway provided that alternate reasonable access is provided to permit ingress and egress to the sanitary sewer facilities owned by Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress over the easement area for the purposes connected with this easement. 4. Maintenance of Easement Area. Grantee, its agents, independent contractors and invitees shall have the right to provide surface maintenance for the existing gravel portion only of said easement, said portion lying north of the north end of curve (C2). Grantee shall be responsible for the costs of repairing any damage caused by its use of the easement and, upon request by Grantor, shall reimburse for maintenance costs as provided in ORS 105.170 to 105.185. 5. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public sanitary sewer facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors reasonable notice and restore the premises of the Grantors, disturbed by Grantee, as near as practicable to its original condition. 6. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. r G:\pub-wrks\eng\Willow Wind\Willow Wind Ingress Egress Easement.doc 7. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 8. Runs with Land. All conditions and restrictions contained in this Easement shall run with the land until such time as any condition or restriction is removed by written and recorded amendment executed by City that the condition or restriction is no longer required. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the easement area is and shall be conclusively deemed to have consented and agreed to every condition and restriction contained in this Easement, whether or not any reference to this Easement is contained in the instrument by which such person or entity acquired an interest in the Property. 9. Indemnity. Grantee agrees to defend, indemnify and hold Grantor harmless from and against any and all losses, claims, demands, or other liabilities whatsoever arising out of Grantee's (and its agents, independent contractors, and invitees) use of the easement. Grantee assumes all risks arising out of its use of the easement and Grantor shall not have any liability relating in any way to Grantee's use. GRANTORS: As n Sc ool District #5 Jay . Hummel, Superintendent State of Oregon County of Jackson This instrument was acknowledged before me on ~~[Axe, ~(v 2013, by Ashland School District #5 Jay W. Hummel, Superintendent JULIE CHAR ENEETHOMAS Notary Public for Oregon t NOTARY PUBLIC OREGON My commission expires: COMMISSION NO. 454621 MY COMMISSION EXPIRES DECEMBER 19, 2014 CITY ACCEPTANCE ORS 93.808 CITY OF ASHLAN , Grantee Approved as to Form Signature Date Dave Kanner State of Oregon County of Jackson I I- - This instrument was acknowledged before me on ~OVLISI~G" aio 2013, by Dave Kanner, City Administrator. Qyw~ Notary Public for Oregon J~,~~a0j~ My commission expires: OV 0 D FORM OFFICIAL SEAL A5111 ItyAWMey DIANA R SHIPLET h L__1 1 _ _ 13 NOTARY PUBLIC-OREGON COMMISSION NO. 454135 MY COMMISSION EXPIRES NOVEMBER 28, 2014 GApub-wrks\eng\Willow Wind\Willow Wind Ingress Egress Easement. cjQc V XSHd7D1 Y "A99 An easement for ingress and egress for sewer purposes over an existing road way, benefitting the City of Ashland, Oregon, being 20 feet wide, 10 feet on both sides of the following described center line: Commencing at a 5/8 inch iron pin on the northerly right of way of East Main Street in the City of Ashland, monumenting the south southwest comer of that tract described in Instrument Number 00-37105; thence North 89°4325" East, along said right of way line, a distance of 331.65 feet to the POINT OF BEGMNING, thence North 0°08'37" West, a distance of 314.57 feet, thence North 1 ° 13'32" West, a distance of 221.56 feet thence North 0'35'52" East, a distance of 402.10 feet, thence along the arc of a curve to the left having a radius of 95.00 feet, a length of 68.98 feet, a central angle of 41 °36'13" and a long chord bearing and distance of North 20°12'14" West, 67.48 feet; thence North 41 °00'21 "West, a distance of 105.30 feet; thence along the are of a curve to the right having a radius of 200.00 feet, a length of 126.15 feet, a central angle of 36°08'23" and a long. chord bearing and distance of North 22°56'09" West 124.07 feet thence North 4°51'58" West, a distance of 50.28 feet thence along the arc of a curve to the right having a radius of 62.93 feet, a length of 74.32 feet, a central angle of 67°39'48' and a long chord bearing and distance ofNorth 28°57'56" East, 70.07 feet, thence North 62°47'51" East a distance of 56.79 feet thence along the are of a curve to the left having a radius of 95.00 feet, a length of 127.49 feet, a central angle of 76°53'21" and a long chord bearing and distance of North 24°21'10" East, 118.13 feet thence North 13 °08'51" West, a distance of 78.10 feet, to Point "A" and the terminus of this easement, the side lines of which shall be lengthen or shortened to intersect with said northerly right of way line. TOGETHER WITH the following: BEGINNING AT the hereinabove described Point "A";. thence South 76°51 "09" West, a distance of 10.00 feet, thence North 29°18'17" West, a distance of 37.14 feet; thence North 57°27'25" West, a distance of 97.14 feet thence North 20°4925" East a distance of 49.51 feet; thence North 72° 114 4" East, a distance of 20.63 feet; thence South 59'1 8'l 5 " East, a distance of 20.62 feet; thence North 88°43'04" East, a distance of 29.66 feet; thence.North 66° 10'32" East, a distance of 23.87 feet; thence South 26°05'06" East, a distance of 20.68 feet; thence South 67°30'13" West, a distance of 31.76 feet, thence South 22°10'19" East a distance of 36.62 feet; thence South 17°03'21" East, a distance of 49.75 feet; thence South 13°39'23" East, a distance of 20.82 feet thence South 76°51'09" West, a distance of 10.00 feet, to the POINT OF BEGINNING. The Basis of Bearing for this description is between found City of Ashland center line monument at the intersection of East Main Street and Mallard Street and a found center line monument on East Main Street at center line station 953+50.9, said bearing being North 89°43'25" East.' REGISTERED Prepared by: PROPESSIONAL Terrasurvey, Inc. LAND SURVEYYI7R 274 Fourth Street A Ashland, Oregon 97520ao Renewal /---3/ - 173 EXHIBIT B EASEMENT SKETCH AT 1479 EAST MAIN STREET LOCATED IN THE NORTH EAST QUARTER OF SECTION 10. TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON. R ❑ ~L20 L14 L15 L9 L12 L13 L16 L17 L21 Lt~ LB K: L18 I 1 TERMINUS L70~ Tag t POINT "A" 1 SEE TERMINUS DETAIL L7 POINT °A° II DETAIL C411 NO SCALE L6 i~ i 'SCHOOL - ROCBUILDINGS LINE TABLE BEG;jk LINE. BEARING LENGTH Li NOO'08'37"W 314.57' BARL2 N01'13'32"W 221.56' ENL3 N003552"E 402.10' PAVEMENT N41'00'21"W 105.30' \L4 L5 N04'51'58"W .50.28' L6 N62 47'51 "E 56.79' C> L7 N13'08'51"W 78.10' \ 1~1C7 GARDEN LS 57651'09"W .10.00' AREA . L9 N29'18'17"W 37.14' I L10 N572725"W 97.14' - L11 N2044925"E 49.51' llll L12 N72'11'44°E 20.63' 1 L13 S59'I8'15'E 20.62' PARKING 11:1 L14 NBB'43'04"E 29.66' L07 I L3 m L15 N66'10'32"E 23.87' I I L16 526'05'06'E 20.68' llll L17 S67*30'13"W 37.76' I,I 6.62' L18 S22'10'19"E E49.75' L79 1 S7T03'21°E L20 S133923"E 0.82' L27 S76 51'09"W 0.00' CURVE TABLE I I CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD LENGTH INSTRUMENT NUMBER III C1 95.00' 68.98' 4136'13" N20'12'14"W 67.48' 00-37105 I. 'L2 C2 200.00' 126.15 3608'23° N2256'09"W 724.07' III C3 62.93' 74.32' 6739'48" N28'5756 °E 70.07' I'I C4 95.00' 127.49' 76'53'21' N2421'10"E 118.13' I~I II I;I u- I I I w I 10 REGISTERED lull I I L7 PR❑FESSI❑NAL ICON FOUND 5/8" IRON III PA BEGIN VEMENT LAND SURVEYOR i i PIN PER SIN 8520 q . 30' ,ierQ : 331.65' I I OREGON W8-9 JULY M ems N - 'Z72-5E 701.74- ' FRED A. FRANTZ EAST MAIN STREET No, 50077 30' Renewal 12-31-13 FOUND 3" CITY OF FOUND 2 712' BRASS ASHLAND CENTER DISK.PER SIN 12063 DATE: JULY 27, 2012 LINE MONUMENT SCALE: 1'- 200' LEGEND TERRASURVIEY, INC_ O FOUND MONUMENT AS DESCRIBED PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ❑ CALCULATED POSITION NOTHING FOUND ASHLAND, OREGON 97520 OR SET (541) 482-6474 terramobispnet JOB NO. A260-12 391E70 TAX LOT 700