HomeMy WebLinkAbout2014-057 Easement - SOU - Fire Access
Jackson Gounry Official Records 2014-007903
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01619853201400079030070077
i, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument Identlaed herein was recorded In the Clerk
records. Christine Walker - County Clerk
FIRE APPARATUS ACCESS EASEMENT
Grantor: Southern Oregon University
Grantee: City of Ashland, Oregon
Document to be Returned to: Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
True and Actual Consideration: None
Send "fax Statements to: Not Applicable
I. Grantor owns property described as Assessor's Map No. 39 1 E 10 CD, Tax Lot 4200, located in
the City of Ashland, Jackson County, Oregon.
2. Grantor grants and conveys to Grantee, a perpetual, nonexclusive easement for the purpose of Fire
Apparatus Access over the 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 be held harmless for any damage to
Grantors premises and any improvements thereon incurred in the performance of emergency, services and duties
associated with fire protection and emergency medical care on the premises.
4. Grantee shall not be required to provide Grantor reasonable notice prior to entering the premises for the
above slated emergency services necessary to protect the health, welfare and safety of the public.
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 assigns.
7. This casement is granted subject to all prior easements or encumbrances of record. Grantee hereby agree
to hold and save Grantor harmless from any and all claims of third parties arising from Grantee's use of the rights
granted herein.
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.'
Fire Apparatus Access Easement
Pagel of2
9. In case or suit, action or proceeding to enforce any rights or conditions of this contractor appeal from said
suit, action or proceedings, 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 31 day of r,4v-"
2014.
GRANTOR: GRANTL'E:
SOUTHERN OREGON UNIVERSITY CITY ACCEPTANCE (O S 83.808
CITY OF ASHLAND, G ANTEE
Y: By~
Mary ullinan, President Dave Kanner, City A ninistrator
APAP¢~ ED FORM
STATE OF OREGON Ashland-City Attomey
ss.
County of Jackson ) Data 3- S- I
Personally appeared before me this i0 day of M 6_ 041 2014, Mary Cullinan, President of Southern
Oregon University, and acknowledged the foregoing instrument to be her voluntary act and deed.
OFFlt~AL SFJLL
TAEASA J SPRAGUE Aotaq _
l
NO. 474365 NOTARY PC-0RGON Public for Ore nn:~
COMM
ISSIONRY10 My Commission ExpIbi I I
MY COMMISSION . EJ~IAES JANUARY 10, , 2017 -
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this day of I !lNF 1 2014, Dave Kanner, City Administrator for
the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed.
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON Notary Public for Oregon
COMMISSION NO. 454135 My Commission Expires:
-A~oueJubu'e2g~
MY COMMISSION EXPIRES NOVEMBER 28, 2014
Fire Apparatus Access Easement
Page 2 of 2
.s , LAND SURVEYING, LI_C
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EXHIBIT "A"
LEGAL DESCRIPTION - SOUTHERN OREGON UNIVERSITY
CITY OF ASHLAND FIRE-- APPARATUS ACCESS EASEMENTS
ASSESSOR'S MAP NO. 39 1 E 10 CD, Tax Lot 4200
Fire Apparatus Access Easements, over and across portions of Leasc Tract "A" and Tract "B"
described within Instrument No. 2012-011928 for a Residential Ball and Parking Lot, as well as
adjacent portions of the North Campus of Southern Oregon University lying northerly of Siskiyou
Boulevard and Ashland Street in the City of Ashland, Oregon, lying situate within the Southwest
Quarter of Section 10 of Township 39 South, Range I East of the Willamette Meridian in Jackson
County, Oregon, being more particularly described and bounded as follows, to wit;
TRACT I
Commencing at the intersection of the south line of Webster Street, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the west line of Stadium Street, now vacated by City of Ashland
Ordinance No. 1556 and recorded as Instrument No. 68-02341 of said Official Records; thence
South 89°37'45" West, along said south line of (vacated) Webster Street, a distance of 231.32
feet to the POINT OF BEGINNING; thence continuing along said south line the following
courses: South 89°37'45" West, 69.88 feet; thence North 82°33'56" West, 34.12 feet; thence
leaving said south line, 104.99 feet along the cusp of a 200.00 foot radius non-tangent curve,
having a delta angle of 30°04'36' (Chord hearing South 87048'43" East, 103.79 Test) to the
POINT OF BEGINNING.
TRACT2
Commencing at the intersection of the south line of Webster Sheet, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Otlicial Records of
Jackson County, Oregon, with the west line of Stadium Street, now vacated by City of Ashland
Ordinance No. 1556 and recorded as Instrument No. 68-02341 of said Official Records; thence
South 89037'45' West, along said south line of (vacated) Webster Street, a distance of 301.20
feet: thence North 82°33'56" West. 51.55 feet to the west line of the Webster "Tract as described
within Volume 248, Page 422 of the Decd Records in said Comity; thence North 00°00'36' Fast,
along said west line, a distance of 1.56 feet to the south line of that 40.00 strip of land described
within Volume 315, Pagc 228 of said Decd Records; thence along said south tine North
81 °56'43" West, 31.72 feet to the POINT OF BEGINNING; thence continuing North 81 °56'43"
- West-alongsaid math tine-a distance oF18:84-feer thence-North-89054°13=West747:O0-feet;- -
thence South 00°(15'47" West, leaving said south line, a distance of 18.00 feet; thence South
99'54'13" East 65.66 feet; thence North 00°05'47" last, 15.39 feet to the POINT OF
BEGINNING.
P. O. Do. 459. Aohland. Orepan 91520 Phoee: (541) 4825009 - Fa.: (54)) 466.0797
Alebile: (541) 601.3000 . www.po1ari6ourrey.eom
TRACT 3
Commencing at the intersection of the south line of Webster Street, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the west line of Stadium Street, now vacated by City of Ashland
Ordinance No. 1556 and recorded as instrument No. 68-02341 of said Official Records; thence
South 89°37'45" West, along said south line of (vacated) Webster Street, it distance of 301.20
Iecl; (hence North 82°33'56' West, 51.55 feet to the west line of the Webster Tract as described
within Volume 248, Page 422 of the Deed Rccords in said County; thence North 00°00'36" Past.
along said west line, a distance of 1.56 feet to the south line of that 40.00 strip of land described
within Volume 315, Page 228 of said Decd Records; thence North 81 °56'43" West, along said
south line, a distance ol'50.56 feet; thence North 89'54'13" West, 47.00 feet; thence South
00005'47" West, leaving said south line, a distance of 138.57 feet to the POINT OF
BEGINNING ; thence 1.34 feet along the cusp of a non-tangent 34.50 foot radius curve, having a
delta angle of 02'13'25" (Chord hearing South 57°31'00" East, 1.34 feet) to a point of reverse
curvature; thence 30.11 feet along the are of a 100.00 foot radius curve to the left, having a delta
angle of 17°24'05" (Chord bearing South 7300916" East, 29.68 feet; thence South 89'54'1,1"
East, 34.23 feet; thence South 00'05'42" West, 16.36 feet; thence 30.37 feet along the cusp of a
non-tangent 100.00 foot radius curve, having a delta angle of 17°24'05" (Chord bcatring North
74°05'34" East); thence South 40016'20" East, 15.53 feet; thence 33.49 feet along the cusp of a
52.00 foot radius curve, having a delta angle of 36°54'09" (Chord bearing South 12°21'32" West,
32.92 feet); thence South 65°58'29" West, 15.71 feel; thence 68.64 feet along the cusp of a
120.00 foot radius curve, having a delta angle of 32'46'31" (Chord bearing North 58'59'51
West, 67.71 feet) to a point of reverse curvature; thence 25.24 feet along the are of a 110.00 foot
radius curve to the right, having a delta angle of 13'08'49" (Chord bearing North 68'48'42"
West, 25.18 feet); thence North 00'05'47" East, 23.87 feet to the POINT OF BEGINNING.
TRACT 4
Commencing at the intersection of the south line of Webster Street, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the west line of Stadium Street, now vacated by City of Ashland
Ordinance No. 1556 and recorded as Instrument No. 68-02341 of said Official Records; thence
South 00'I 1' 19" East, along said west line of (vacated) Stadium Street, a distance of 158.44 feet
to the POINTOF BEGINNING; thence North 89'54'20" West, leaving said west line, a distance
of 79.17 tect to a point of curvature; thence 62.14 feet along the arc of a 260.00 foot radius curve
to the Iefl, having it delta angle of 13'41'34" (Chord hearing South 83'15'00" West, 61.99 feet);
thence South 76'24'13" West, 6.50 feet; thence South 13'35'47" East, 20.00 feet; thence North
7602413" East, 6.50 feet; thence 57.36 feel along tic arc of a 240.00 foot radius curve to the
right, having a delta angle of 13'41'34" (Chord bearing North 85°15'0(1" East, 57.22 feet); thence
South 89'54'20" East, 79.27 feet to the west line of (vacated) Stadium Street; thence North
00'I V] 9" West, 20.00 feel to the POINT OF BEGINNING.
TRACT 5
Commencing at the intersection of the south line of Webster Street. now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the cast line of Wightrnan Street; thence North 00005'47" Fast,
7.00 feet to the POINT OF BEGINNING; thence South 89'54'13" East, 399.50 feet; thence
73.44 feet along the are of a 200.00 foot radius curve to the right, having a delta angle of
...._.__._.21'02' 16`(Chord bearin'g' South 79'23'05 Filst,73:02'fccl)iii a psilt of rt %crsc curvature;- _ _ _
thence 13.64 feel along the arc of a 200.00 foot radius curve to the left, having it delta angle of
03'54'28" (Chord bearing South 70049' I I" East, 13.64 feet) to a point; thence South 82'33'56"
Coast, 34.12 feet; thence North 89'37'45" Fast, 69.88 test; thence 4.98 Icet along the arc or a
200.00 foot radius curve to the lefl, having a delta angle of 01'25'39" (Chord hearing North
7602609" Fast, 4.98 tccl) to a point of reverse curvature; thence 48.54 feet along the arc of a
I✓
TRACT 5 (continued)
76°26'09" East, 4.98 feet) to a point of reverse curvature; thence 48.54 feet along the arc of a
200.00 foot radius curve to the right, having a delta angle of 13°54'26" (Chord bearing North
82°40'32" East, 48.43 feet) to a point of tangency; thence North 89°37'45" East, 185.42 feet;
thence South 00'1149" East, 165.50 feet; thence North 89°54'20" West, 7.00 feet; thence South
00°l1'19" East, 20.00 feet; thence South 89°54'20" East, 7.00 feet; thence South 00°I I'l9" East,
341.43 feet; thence South 89°29'16" East, 20.00 feet; thence North 00°1119" West, 417.63 feet;
thence North 89°48'41" East, 6.00lect; thence North 00°11'19" West, 60.00 feet; thence South
89°48'41" West, 6.00 feet; thence North 00°11'19" West, 69.60 feet; thence South 89°3745"
West, 205.48 feet; thence 53.40 feel along the arc of a 220.00 foot radius curve to the Icft, having
a delta angle of 13°54'26' (Chord bearing South 82°40'32" West, 53.27 feet) to a point of
reverse curvature; thence 111.25 feet along the arc of a 180.00 foot radius curve to the right,
having a delta angle of 35°24'44" (Chord bearing North 86°34' 19" West, 109.49 feel) to a point
of reverse curvature; thence 80.78 feet along the arc of a 220.00 foot radius curve to the ]eft,
having a delta angle of 21 *02'16" (Chord bearing North 79°23'05" West, 80.33 feet) to a point of
tangency; thence North 89054'13" West, 263.51 feet; thence North 00°05'47" fast, 6.00 feet:
thence North 89°54' 13" West, 60.00 feet; thence South 00°05'47" West, 6.00 feel; thence North
8905413- West, to the easterly line of W ightman Street, a distance of 76.00 feet; thence South
00°05'47" West, along said easterly line, a distance of 20.00 feet to tine POINT OF BEGINNING.
TRACT 6
Commencing at the intersection of the south line of Webster Street, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the cast line of Wightman Street; thence North 00005'47" East,
7.00 feet; thence South 89°54' 13" East, 317.45 feet to the POINT OF BEGINNING: thence
South 00°05'47" West, 109.20 feet; thence South 02°10'29" East, 77.06 feet; thence North
89°54' 13" West, 6.00 feet; thence South 00°05'47" West, 70.00 feet; thence 147.74 feet along the
arc of a 288.75 foot radius curve to the Ic0, having a delta angle of 29°18'57" (Chord bearing
South 159410" Fast, 146.13 feet) to a point of compound curvature; thence 58.33 feet along the
are of a 56.00 foot radius curve to the fell, having a delta angle of 59°40'32" (Chord bearing
South 60°03'55" Fast. 55.73 feet); thence South 89°54'13" East, 425.93 feet; thence North
00°11'19" West, 20.00 feel; thence North 89°54'13" West, 22.00 feet; thence North 00°05'47"
Fast, 19.00 feet; thence North 8905413" West, 58.00 legit; thence South 00°05'47" West, 19.00
feet; thence North 89°54'13" West, 279.50 feet: thence North 00°05'47" East, 30.00 tea; thence
North 89°54'13" West, 78.56; thence 34.72 feet along the arc of a 30.00 foot radius curve to the
right, having a delta angle of 66'18'39- (Chord bearing North 56°44'54" West, 32.82 feet);
these 108.63 feel along the are of a 262.75 foot radius curve to the tight, having a delta angle of
23°41'17" (Chord bearing North 11"44'56" West, 107.86 feet); thence North 00°05'47" East,
71.99 feet; thence 37.45 feet along the are of a 18.00 fool radius curve to the Icft, having a delta
angle of 119°18'l 5- (Chord bearing North 59°41'58" East, 31.05 feet); thence 2.95 feet along the
arc of a 110.00 foot radius curve to the left, having a delta angle of 01032'14" (Chord bearing
South 61'28'10" fast, 2.95 feet): thence North 00°05'47" East. 23.87 feet; thence 18.83 feet
along the arc ol'a 34.50 foot radius curve to the left, having a delta angle o1`31016'35" (Chord
bearing North 74°16'00" West, 18.60 test); thence North 89°54' 18" West, 3.59 feet; thence 33.80
feet along the arc of a 51.36 foot radius curve to the right, having a delta angle of 37°42'25°
(Chord bearing North 19002'27" Test, 33.20 feet; thence North 00°05'47" last, 84.20 feet;
- ------thence-South-89°54'13'=F'.ast, 3238-feet; thence North 00005'47- East-18:00-feet; dneuce-South- -
89°54' 13" East, 47.00 feet; thence South 81 °56'43" East, 18.84 feet; thence North 00°05'47"
East. 6.34 feet; thence 36.19 feet along the are of a 200.00 linos radius curve to the left, having a
delta angle of 10°22'00" (Chord hearing North W43'13" West, 36.14 feet) to a point of
tangency; thence North 89054'13" West, 82.05 feet to the POINT OF BEGINNING.
TRACT7
Commencing at the intersection of the south line of Webster Street, now vacated by City of
Ashland Ordinance No. 2378 and recorded as Instrument No. 86-00658 of the Official Records of
Jackson County, Oregon, with the east be of Wightman Street; thence South 00105'47" West,
152.00 feet to the POINT OF BEGINNING; thence North 89°40'22" East, 23.09 feet; thence
153.49 feet along the arc of a 180.00 foot radius curve to the left, having a delta angle of
48°51'25" (Chord bearing South 86°46'45" East, 148.88 feet); thence South 21 °12'27" Fast,
12.00 feet; thence 23.91 feet along the arc of a 192.00 foot radius curve to the right, having a
delta angle of 07°08'08" (Chord bearing South 72°21'37" West, 23.90 feet); thence 19.83 feet
along the are ofa 15.00 foot radius curve to the left, having a delta angle of 75°44'4T' (Chord
bearing South 38103'15' West, 18.42 feet); thence South 00°10'54" West, 46.00 feet; thence
North 89049'06" West, 14.00 feet; thence North 00010'54" East, 34.64 feet; thence 31.60 feel
along the are of a 20.00 foot radius curve to the left, having a delta angle of 90°31'54" (Chord
,x bearing North 45005'03" West, 28.42 feet); thence 71.23 feet along the arc of a 192.00 foot
radius curve to the right, having a delta angle of 21°15'23" (Chord bearing North 79°43'18"
West, 70.82 feet); thence South 89140'22" West, to the easterly line of Wightman Street, a
distance of 38.14 feet; thence North 00°05'47" East, along said easterly line, a distance of 20.00
feet to the POINT OF BEGINNING.
Prepared by: REGISTERED
Shawn Kamptnattn P R O F E S S I O N A L
Professional Land Surveyor LAND SURVEYOR
Polaris Land Surveying LLC
P.O. Box 459 Iteoov
Ashland, Oregon 97520 ULY lA• t M1
SHAI,IN YAMPMANN
ezaasLs
Date: December 6, 2013
S:ktnveys\6?0.10'S0U-C0A Public Utility rP semnu Legals.daez
P. 0. 1$ox 459. Aohl.rtd. Oregon 97520 - Phona: (541) 452-5009 Fae= (541) 499-0707
Mobil J: (541) 601-3000 xrrv.pola rlseurvo y.com
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