HomeMy WebLinkAbout2013-386 Easement - Ashland School Dist 5
Jackson County Official Records 2013-040634
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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.
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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
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