HomeMy WebLinkAbout2014-151 Easement - Vargas & Kaufman
Jackson County Official Records 2014-018369
R-PUE 07/16/201401:33:20 PM
Cril MORGANSS
$30.00$10.00$8.00$11.00$20.00 Total:$82.00
$3.00
I I I
111111111111111111 X0163200020140018369006006
1 I, Christine Welker, County Clark for Jackson County, Oregon, certify
that the instrument idemiNd herein was recorded In the Clark
Return Document to: I records. Christine Walker I -County Clerk
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
PUBLIC UTILITY EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record., Kathleen L Vargas, Trustee,
and Jamie Desmond Kaufman (the "Grantor")owner of the property legally described as Map 391 E09AB,
Taxlot 7500, and Richard P Lovett, Trustee & Leslie A Lovett Trustee FBO (the "Grantor"), owner of
property legally described as Map 391 E 09AB Taxlots 7600, 7700, & 7800 (the "Property") hereby grants
to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the
"Grantee"), a permanent, appurtenant and nonexclusive easement for a right of way, variable in width
with the right of access to the right of way from adjacent land of Grantor for all activities in connection with
the purposes for which this easement has been granted.
2. Description. The location of the easement is along the general course(s) now located by
Grantee on, over or under the surface of the Property, this easement more particularly described as an
area described as follows:
See Exhibit "A" & "B1e
a
3. True and Actual Consideration: $1.00, the sufficiency of which the Grantor deems sufficient.
4.. Purpose. This easement is with all purposes for of the construction, reconstruction, operation,
maintenance, repair, replacement, enlargement and removal of any utility of the City including but not
limited to water, sewer, electricity, and communications, and whether they are above or underground, and
all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities").
Further purposes of this easement is the present and (without payment therefore) the future right to keep
the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards
which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain its
utilities.
5. Terms and Conditions.
5.1 Grantor shall have the right to use the area within the easement in any manner that does
not reasonably interfere with facilities within the easement area.
5.2 Grantee shall provide Grantor reasonable notice prior to performing work in the
Easement Area. Pursuant to such work, Grantee shall:
A. Fill any and all excavations as soon as practicable after opening;
B. Dispose of all brush and debris;
C. Replace in their former condition all improvements, trees, ornamental shrubs and
crops, if practicable, as soon as possible after damage or destruction, but if not
practicable then pay to Grantor the reasonable value thereof.
D. Accepts all responsibility for maintenance of any facilities placed on the easement.
E. To pay Grantor for any and all damage that may arise from construction,
reconstruction, operation, maintenance, repair, replacement, enlargement or removal of
the facilities;
F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to
persons or property resulting from Grantee's or its duly appointed agents' performance of
the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold
Public Utility Easement And Agreement
G:pub-wks/eng/dept admin/ENGfNEER/EASEMENT/391E09AB TL7500 Vargas Lovett PUE Page 1 of 4
Grantor harmless against all claims, suits, costs, losses and expenses that may in any
manner result from or arise out of the purpose and activities permitted under this
easement.
6. Termination. This easement shall terminate if and when Grantee shall have abandoned all use
of the right of way and no longer has any future need therefore.
7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this
easement 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 _ day of
, 2014.
GRANTOR:
Ka hleen L. Vargas, r tee f
S ATE OF OREGON )
) SS.
County of Jackson )
Personally appeared before me this a day of _ IA 1 , 2014, Kathleen L. Vargas, and
acknowledged the foregoing instrument to be her volunta act and deed.
This instrument was acknowledged before me on JIA114 a 2014, by KAi~)ke_N L-• VUY(~C15
OFFICIAL STAMP
TAN RENEE DE MILLE-CAMPOS Notary Public for Oregon
l NOTARY PUBLIC-OREGON My Commission Expires:
COMMISSION NO. 929018
MY COMMISSION EXPIRES JUNE 18, 2018
GRANTOR:
J ie Desmond Kaufman
STATE OF OREGON )
) SS.
County of Jackson )
Personally appeared before me this &ihday of 1012_e_, 2014, Jamie Desmond Kaufman, and
acknowledged the foregoing instrument to be his voluntary act and deed. //11
This instrument was acknowledged before me on 'I-/;n e, ,C3 2014, by i 2 CJ . Ka11filL tz
OFFICIAL SEAL • J i ✓i' ,Kl.~ /17~~/_J7_~I~I~LJ
CAROLYNMARIENESCHWENDENER Notary blic for Oregon 7
NOTARY PUBLIC-OREGON;My Commission Expires: -c;3 L 1
/
COMMISSION N0. 476Q64'1.1'
MY COMMISSION EXPIRES MARCH 10,AU-
Public Utility Easement And Agreement
G:pub-wks/eng/dept admin/ENGINEER/EASEMENT/39IE09A6 TL7500 Vargas_LovettPUE Page 2 of4
GRANTOR:
Leslie Trustee FBa
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this L day of 2014, Leslie A. Lovett, and acknowledged
the foregoing instrument to be his voluntary act and deed. `
This instrument was acknowledged before me on L" 2014, by /O-S& A Zole#
Notary Public for Oregon
=N46 L My Commission Expires:
KER
NREGON
C60033
MY COLY 13, 2015
ITOR:
is and P. Lovett, T ste
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this )J day of 1L u' , 2014, Richard P. Lovett, and
acknowledged the foregoing instrument to be his voluntary act and deed.
This instrument was acknowledged before me on 2014, by ACAa P LoveZ~
Notary Public
OFFICIAL SEAL for Oregon
BRENDA L BARKER My Commission ExpiresC2~ec~-O~
NOTARY PUBLIC-OREGON
COMMISSION NO. 460033
MY COMMISSION EX?IRES JULY 13, 2015
Public Utility Easement And Agreement
G:pub-wks/eng/dept admin/ENGINEER/EASEMENT/391E09AB TL7500 Vargas_Lovett PUE Page 3 of 4
GRANTEE:
CITY ACCEPTANCE (ORS 83.808):
CITY OF ASHLAND, GRANTEE APR VEDA Rte
Ashland CRY Attorney
Data - s - 4
Dave Kanner, City Administrator
STATE OF OREGON )
) SS.
County of Jackson )
Personally appeared the above named Dave Kanner, City Administrator for the City of Ashland,
Oregon, and that said instrument was signed on behalf of said City and acknowledged said
instrument to be its voluntary act and deed.
This instrument was acknowledged before me on 3 12014,
by ALVr- ka.l AOU
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28, 2014 Notary Public for Oregon
My commission expires: ~l y ~20/~
Public Utility Easement And Agreement
G:pub-wks/eng/dept admin/ENGINEER/EASEMENT/39IE09AB TL7500 Vargas Lovett PUE Page 4 of 4
•'i I LAND 5URVEY/NO, LLC
N
i(
)a
11
N
' k
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC UTILITY EASEMENT
544 & 556 "B" STREET, 172 & 182 FOURTH STREET, ASHLAND
ASSESSOR'S MAP NO. 39 lE 09 AB, Tax Lots 7500, 7600, 7700 & 7800
A Public Utility Easement, over and across portions of those tracts of land described within
Instrument No's. 2012-039286, 2002-036314, 2002-025964 and 2002-025964 of the Official
Records of Jackson County, Oregon, located in Block "K", Railroad Addition to the City of
Ashland, Oregon, lying situate within the Northeast Quarter of Section 9, Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, being more particularly
described and bounded as follows, to wit;
Beginning at a 5/8 inch iron pin at the southwest comer of Lot 6, Block "K" of the Railroad
Addition to the City of Ashland, recorded February 26, 1884 in the Plat Records of Jackson
County, Oregon; thence South 74°10'40" East, along the southerly line of said Lot 6, a distance
of 5.00 feet; thence North 15°48'52" East, parallel with and 5.00 feet easterly of the westerly line
of said Lot 6, a distance of 61.00 feet; thence North 74°10'40" West, parallel with and 7.00 feet
northerly of the south line of Compton Comer Subdivision according to the official plat thereof,
now of record in said County, a distance of 52.00 feet to the westerly line of Lot 1 thereof; thence
North 15°48'52" East, along said westerly line, a distance of 37.98 feet; thence North 74°10'40"
West, parallel with and 5.00 feet northerly of the southerly line of Lot 2 of said Subdivision, a
distance of 47.72 feet; thence South 15°49'20" West, a distance of 5.00 feet to the southerly line
of said Lot 2; thence South 74°10'40" East, along said southerly line, a distance of 39.72 feet;
thence South 15°48'52" West, parallel with and 8.00 feet westerly of said westerly line of Lot 1,
a distance of 39.98 feet to the southerly line of said Subdivision; thence South 74°10'40" East,
along said southerly line, a distance of 55.00 feet to the westerly line of Lot 6, Railroad Addition;
thence South 15°48'52" West, along said westerly line, a distance of 54.00 feet to the POINT OF
BEGINNING.
REGISTERED
Prepared by: PROFESSIONAL
[LAND SURVEYOR
Shawn Kampmann / r
Professional Land Surveyor S -Jtw+~
Polaris Land Surveying LLC JULY 7998
P.O. Box 459 SHAWN KAI1BPIyiANN
02883 LS
Ashland, Oregon 97520
Renewal Date: 6/30/15
Date: May 24, 2014
SAsurvcys\867-14U.ovctt-C0A Public Utility Fa mrnt Legals.doc I
P. 0. Box 459, Ashland, Oregon 97520 z Phone: (541) 462-5009 w Fax: (541) 488-0797
Mobile: (541) 601-3000 x www.polarfssurvey.cam
h
EXHIBIT "B" EASEMENT MAP
h $ , \ LYRJGSHUATEIN
/ S NORTHEAST QUARTER OF SECTION 9,
W OR 2p02 T R TOWNSHIP 39 SOUTH, RANGE I EAST, W.M.
core 0 ~RS96q E E JACKSONCOUNTY, OREGON
r T FOR
/ S 75'4920" WS060 Ow,
FR
5.00- City ofAshland Electric Dept.
/ 4>> , 90 North Mountain Avenue
o^ H, - Ashland, Oregon 97520
71
O
O, S 'J9, 2 E h` R ~0p? 036 \
R 2p02 or
c0 g. S 3Jy
l Cor 7 FOU 02y-9 16' SU ,NpTON E-C~.
/ 3, CO,f /P STgC- O~~/S/O,y OA'NER
S~BO ~S N0p FR I~~ o mj
hI"I! ^h
l a ro40, OR 2
0.2-0 \ s 556 '39?8 SCALE: 1 30'
h / S 1q /O'q0. E' \ X00 ^ RA1(CA,040 6 ¢R~CT 6
O/Tjp
fZ,:I1L gL0 53:00,
TIjFCj 9.(O~ bl~ S / N REGISTERED
PROFESSIONAL
/ vF lsljt ~~7,p 61 /1ZR
l/1 LAND SURVEYOR
\ a ~ IW
Q \ \ p iy ry OREGON -
.~J NLY 14, 1998
\ 4 Iy SHAWN KAMPMANN
saes S
41
/ \ \ \ h 2 RENEWAL DATE: 6/30/2015
\ S 6
\ S ~4•70. SURVEYED BY.
\ \ 500, E POLARIS LAND SURVEYING LLC
\ 4 r L e P.O. BOX 459
F \ ASHLAND, OREGON 97520
(541) 482-5009
\ . I \ \ DATE: MAY 24, 2014
Assessor's Map No. 39 1E 09 AB, Tax Lots 7500, 7600. 7700 & 7800 ` PROJECT NO. 867-14
POLARIS LAND SURVEYING