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HomeMy WebLinkAbout2014-058 Easement - SOU - Public Utility Jackson County Official Records 2014-007902 R-PUE . Cnt=i MORGANSS 0410312014 01:09:42 PM Cnt $40.00$10.00$8.00$11.00520.00 Total:$92.00 $3.00 016198522014000790200900 I, Christine Walker, County clerk for Jackson County, Oregon, tartly that the instrument Identified herein was recorded in the Clerk records. Christine Walker - County Clerk PUBLIC UTILITY 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 Tax Statements to: Not Applicable I. Grantor owns property described as Assessor's Map No. 39 1 E 10 CO. Tax Lot 4200, located in the City of Ashland, Jackson County, Oregon. 2. For the suit of S 1.00, receipt of which is hereby acknowledged, Grantor grants and conveys to Grantee, a ` perpetual, nonexclusive easement to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove any public utilities on 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 repair to the extent practicable any damage to Grantor's 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 Granter shall not build or place any the structures o' 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 casement 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 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. Public Utility Easement C S\\4 SID Page I of 2 IR G\0 ©g10 9. ht case of suit, action or proceeding to enforce any rights or conditions of this contract or 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 2~ day of _ a" 2014. GRANTOR: GRANTEE: SOUTHERN OREGON UNIVERSITY CITY ACCEPTANC (ORS 83.808); CITY OF ASHCAN , GRANTEE By: By Mary Cullinan, President Dave Kanner, Ct y Administrator =11~ 0 FORM STATE OF OREGON ) ss.omey County of Jackson ) 3-~~`- 14 Personally appeared before me this day of,.___, 2014, Mary Cullinan, President of Southern Oregon University, and acknowledged the foregoing instrument to be her voluntary act and deed. 0 KFIT SEAL SA J SPRA GUE Y PUBLIC-OREGON Notary Public for Ore on ISSIONNO.474365 My CommissionBxpires:. aM. ftNWBESJANUARY 10, 2017 STATE OF OREGON ) ss. County of Jackson ) Personally appeared before me this,, day of___ ; 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 ~tnµI COMMISSION NO. 454135 My Commission Expires:(11(!pjl0t+~l I MY COMMISSION EXPIRES NOVEMBER 28, 2014 Public Utility Easement Page 2 of 2 LAND SURVEYING, LLC :S li x " x EXHIBIT "A" LEGAL DESCRIPTION - SOUTHERN OREGON UNIVERSITY CITY OF ASHLAND PUBLIC UTILITY EASEMENTS ASSESSOR'S MAP NO. 39 1 E 10 CD, Tax Lots 100, 200 & 4200 ASSESSOR'S MAP NO. 39 1 E 10 CA, Tax Lot 100 A group of Public Utility Easements, over, across and under portions of Lease Tract "A" and Tract "B" described within Instrument No. 2012-01 1928 for a Residential Hall 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 i Ashland, Oregon, lying situate within the Southwest Quarter of Section 10 of Township i 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, being more particularly described and bounded as follows, to wit; TRACTI 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 127.20 feet to the POINT OF BEGINNING; thence continuing along said south line the following courses: South 89137'45" West, 174.00 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 Deed Records in said County; thence North 00°00'36" East, 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 Deed Records, thence along said south line North 81 °56'43" West, 50.56 feet; thence North 89'54'13" West, 47.00 feet; thence South 00°05'47" West, leaving said south line, a distance of 21.36 feet; thence North 89°37'45" East, 322.24 feel; thence North 00°22' 15" West, 5.00 feet to the POINT OF BEGINNING. TRACT2 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 P. 0. Bo. 459. Ashland. Orepoo 91520 - Phone: (541) 4825009 - F,.: 1541) 498-0797 m oobi)e: (541) 001-3000 . ww Polari. evrve y.eom v TRACT 2 (continued) 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 301.20 feet; thence North 82°33'56" West, 51.55 feet to the west tine of the Webster Tract as described within Volume 248, Page 422 of the Deed Records in said County; thence North 00000'36" East; 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 Deed Records; thence along said south line North 81 °56'43" West, 50.56 feet; thence North 89054'13" West, 47.00 feet; thence South 00°05'47" West, leaving said south line, a distance of 149.05 feet to the POINT OF BEGINNING; thence South 89154'13" East, 75.20 feet; thence South 00°05'47" West, 19.20 feet; thence South 45°05'47" West, 27.56 feet; thence South 00°05'47" West, 15.06 feet; thence North 89054'13" West, 55.71 feet; thence North 00°05'47" East, 53.75 feet to the POINT OF BEGINNING. TRACT3 Beginning 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 52.00 feet; thence South 00° 11'19" East, leaving said south line, a distance of 5.00 feet; thence North 89037'45" East, 52.00 feet to said west line of Stadium Street; thence North 00011'19" West, 5.00 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 0001 I' 19" East, along said west line of (vacated) Stadium Street, a distance of 122.60 feet to the POINT OF BEGINNING; thence South 89°48'41" West, leaving said west line, a distance of 28.00 feet; thence South 00°I V 19" East, 10.00 feet; thence North 89°48'41 " East, 28.00 feet; thence North 00°t I'll 9" West, 10.00 feet to the POINT OF BEGINNING. TRAM'S 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 J?ckson Cowtty, Oregon, willr,the west line of Stadium Street now.yacated by City.of 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 139.60 feet to the POINT OF BEGINNING; thence South 89°48'41" West, leaving said west line, a distance ol'22.00 feet; thence South 00°I 1'19" East, 10.00 feet; thence North 89°48'41" East, 22.00 feet; thence North 00°t 1'19" West, 10.00 feet to the POINT OF BEGINNING. A TRACT6 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°11' 19" East, along said west line of (vacated) Stadium Street, a distance of 178.44 feet to the POINT OF BEGINNING; thence North 89°54'20" West, leaving said west line, a distance of 38.00 feet; thence South 00°05'40" West, 15.00 feet; thence South 89°54'20" East, 38.07 feet; thence North 00°I V[ 9" West, 15.00 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 line of Wightman Street; thence South 89'54'13" East, along said south line of (vacated) Webster Street, a distance of 306.91 feet to the POINT OF BEGINNING; thence South 00°05'47" West, 167.61 feet; thence South 55°25' 10" East, 13.78 feet; thence South 02°45'40" East, 165.05 feet; thence South 37120'47" East, 61.87 feet; thence South 83°01'38" East, 7.69 feet; thence South 37°21'31" East, 73.74 feet; thence South 57°30'20" East, to the northerly line of Hwy 66, a distance of 189.50 feet; thence South 89°24'22" East, along said northerly line, a distance of 28.39 feet; thence North 57°30'20" West, leaving said northerly line, a distance of 210.93 feet; thence North 37°21'31" West, 52.93 feet; thence North 43°25'56" West, 23.53 feet; thence North 37°20'4T' West, 49.32 feet; thence North 02°45'40" West, 136.72 feet; thence South 89'54'13" East. 28.18 feet; thence North 00°05'47" East, 53.75 feet; thence North 89°54' 13" West, 7.43 feet; thence North 00°05'47" East, 127.63 feet; thence North 89°37'45" East, 7.43 feet; thence North 00°05'47" East, 21.36 feet; thence North 89°54' 13" West, 62.93 feet to the POINT OF BEGINNING. TRACT8 Commencing at the intersection of the northerly line of Greensprings Highway 66 and the northeasterly line of Siskiyou Boulevard; thence along the northerly line of Highway 66 the following courses: South 89°24'22" East, 203.50 feet; thence North 87043'53" East, 100.12 feet; thence South 89°24'22" East, 105.48 feet to the POINT OF BEGINNING; thence North 00°59'47" East, 126.85 feet; thence North 83°01'38" West, 237.15 feet; thence North 43°25'56" West, 23.53 feet; South 83°01'38" East, 268.80 feet; thence South 00°59'47" West, 140.26 feet to the north line of said Greensprings Highway 66'; thence North 89124'22" West, 15.00 feet to the POINT OF BEGINNING. -...TRACT 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 TRACT 9 (continued) Official Records; thence South 00°I I' 19" East, along said west line of (vacated) Stadium Street, a distance of 279.84 feet to the south line of that 40.00 foot wide tract of land described in Volume 454, Pages 46 & 47 of the Deed Records in said County, the POINT OF BEGINNING; thence North 89°37'45" East, along said south line, a distance of 40.00 feet; thence South 00111'19" East, 240.64 feet to the north line of Greensprings Highway 66; thence North 89°24'22" West, along said north line, a distance of 38.99 feet; thence South 19053'02" West, 2.94 feet; thence North 00° 1 I' 19" West, 242.74 feet to the POINT OF BEGINNING. TRACT 10 Commencing at the intersection of the north 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 north line of (vacated) Webster Street, a distance of 40.28 feet to the POINT OF BEGINNING; thence South 89°37'45" West along said north line, a distance of 15.17 feet; thence North 08°10'26' East, leaving said north line, a distance of 70.04 feet; thence North 35°27'04" East, 57.05 feet; thence North 00108'12" East, 321.31 feet; thence North 17°19'40" East, 50.21 feet; thence North 00°12'28" West, 365.05 feet; thence North 49° 19'38" West, 188.75 feet; thence North 88°48'34" West, 117.17 feet; thence North 02013'02" West, 8.79 feet; thence North 88°48'34" West, 477.44 feet to the easterly line of Wightman Street; thence North 00°05'47" East, along said easterly line, a distance of 15.00 feet; thence South 88°48'34" East, leaving said easterly line, a distance of 474.33 feet; thence North 02°13'02" West, 141.00 feet to the southerly line of Iowa Street; thence South 89°49'52" East, along said southerly line, a distance of 15.01 feet; thence South 02013'02" East, leaving said south line, a distance of 143.78 feet; thence South 88°48'34" East, 113.55 feet; thence South 49019'38" East, 206.11 feet; thence South 000 12'28" East, 378.06 test; thence South 17025'07" West, 50.01 feet; tlrence South 00108'12" West, 300.40 feet; thence South 89037'45" West, 10.36 feet; thence South 0001715" East, 27.89 feet; thence South 35127'04" West, 51.75 feet; thence South 08°10'26" West, 64.15 feet to the POINT OF BEGINNING. TRACT 1 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 east line of Wightman Street; thence South 89°54' 13" East, along said south line of (vacated) Webster Street, a distance of 169.00 feet to the POINT OF BEGINNING; thence continuing along said south line South 89054'13" Fast. 23.00 feet thence South.0.0°05'._47".West, leav.ingsaid south line a___...._ distance of 5.00 feet; thence North 89°54' 13" West, 23.00 feet; thence North 00°05'47"East, 5.00 feet to the POINT OF BEGINNING. l!~ TRACT 12 Beginning, 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 South 89'54'13" East, along said south line of (vacated) Webster Street, a distance of 10.00 feet; thence South 00°05'47" West, 207.41 feet; thence North 89036'33" East, 195.64 feet; thence North 00°05'47" East, 44.56 feet; thence North 88103'58" East, 101.34 feet; thence South 00105'47" West, 10.00 feet; thence South 88°03'58" West, 91.33 feet; thence South 00°05'47" West, 44.83 feet; thence South 89°36'33" West, to the easterly line of W iglttman Street, a distance of 215.64 feet thence along said easterly line North 00°05'47" East, 217.50 feet to the POINT OF BEGINNING. TRACT 13 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° 1 I' 19" East, along said west line of (vacated) Stadium Street and its southerly prolongation thereof, a distance of 494.00 feet to the POINT OF BEGINNING; thence South 89°48'41" West, leaving said west line, a distance oft 5.00 feet; thence South 00111'19" East, 15.00 feet; thence North 89148'41" East, 15.00 feet; thence North 00°I I' 19" West, 15.00 feet to the POINT OF BEGINNING. I I TRACT 14 Beginning 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 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* 1 I' l 9" East, along said cast line of (vacated) Stadium Street, it distance of 10.00 feet; thence North 89137'45" East, leaving said cast line, a distance of 8.00 feet thence North 00'11'19" West, 10.00 feet to said south line of Webster Street thence South 89137'45" West, 8.00 feet to the POINT OF BEGINNING. REGISTERED Prepared hY PROFESSIONAL Shawn Kampmann LAND SURVEYOR Professional Land Surveyor 5 Polaris Land Surveying LLC ElffL N JULY 14. 1998 P.O. Box 459 'SHAVV KABMPMANN Ashland, Oregon 97520 Renewal Date 6!3015 Date: December 6, 2013 S:.curvevs4,20-10150U-COA Public Utility Easement LegalsA c P. O. aor 459, As h l4 ne, Ore yon 978 Y0 Phone: (541) 4152.5009 . Fu.: (541) 4a6.0797 Rlobllc: (541) 601-3000 xn w.pata rfsr<r v<p.aon. 1 f - _ ` ALTA / AGSM LAND TITLE SURVEY i I w ~ ..r rt51 I- t I._. • A(L t I ~ . i I i c I i S f~ u I r l s ''II '...3 .aw- !-~..-++w 1 I l Z "/iar•' r, s.._- Y 1-a.° I 1 • 1 F a t I I I ~ <1 r-- wv. ] Irj'-Gj\, `,x' I ! I i _ I I 'v \ , $ „ `v~ r ~ "...-ran ~ ' ~ S''+• - ~ - ' I - : i- i i K °MOGM °l fOiO L(iA5/i INYIA'f)ANl/,).4lASF:W/'F"/.M-\X f p...v.wu »a aµ POLARIS LAND SURVEYING