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Home My WebLink About2014-304 Easement - Bramscher Jackson County Official Records 2014-031592 R-E Cnt=1 BARROWCK 12/01 /201410:43:13 AM $25.00 $10.00 $5.00 $8.00 $11.00 Total:$82.00 $20.00 $3.00 ~ I 01647359201400315920050054 I, Christine Walker. County Clerk for Jackson County, Oregon, certify that the instrument Identified herein was recorded in the Clerk records. Christine Walker - County Clerk Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 PUBLIC SANITARY SEWER EASEMENT 1. Grant. Subject to all prior easements or encumbrances of record., Bramscher Design Development, LLC (the "Grantor")owner of the property legally described as Map 391 E05DD, Taxlot 8300, hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee"), a permanent, appurtenant and exclusive easement for a right of way, eight feet 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 co.urse(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" & "B" 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 limited to sanitary sewer, 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. _ n A........t_ 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 VYHEREOF, the parties hereto have subscribed this instrument this / day of GRANTOR: Pri msc Development, LLC Title Author ze Signature STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this 13 day of 2014, Craig Bramscher, and acknowledged the foregoing instrument to be his voluntary act and deed. This instrument was acknowledged before me on 1Yav /3 , 2014, by CC/a,r 4 . ~ o~ ~ d' OFFICIAL SEAL Notary ublic for Oregon ELIZABETH ANNE HAINES My Commission Expires: NOTARY PI ISLIC - OREGON COMMISSION NO.480934 MY COMMISSION EXPIRES SEPTEMBER 25, 2017 APP 0 AS TO FORM AWVwW Asst. Ci Attorney Da 04216 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 HEREOF, the parties hereto have subscribed this instrument this day of ✓~Y 4. GRANTOR: Pri airn amsc 9 Development, LLC Title Author ze Signature STATE OF OREGON ) ) SS. County of Jackson ) Personally appeared before me this 13 day of 2014, Craig Bramscher, and acknowledged the foregoing instrument to be his voluntary act and deed. This instrument was acknowledged before me on N6v /.3 2014, by Cda,r,= OFFICIAL SEAL Notary ublic for Oregon ELIZABETH ANNE HAINES My Commission Expires: ? /2 NOTARY PI BLIC - OREGON COMMISSION N0.480934 MY COMMISSION EXPIRES SEPTEMBER 25, 2017 APP -D A5 TO FORM Ashland Asst. CI Attomey Da D8 GRANTEE: CITY ACCEPTANCE (ORS 83.808): CITY OF ASHLAND, GRANTEE By: 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. ~OV'Wbw n This instrument was acknowledged before me on o s -.,2014, by )LAK) U - OFFICIAL STAMP DIANA RENEE SHIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 932046 MY COMMISSION EXPIRES OCTOBER 02, 2018 Notary Public for Oregon My commission expires: 0(4t6 r ol. 020 g i\ LAND SURVEYING, LLC EXHIBIT "A" LEGAL DESCRIPTION - PUBLIC SEWERLINE EASEMENT CRAIG BRAMSCHER - 346 SCENIC DRIVE, ASHLAND, OREGON ASSESSOR'S MAP NO. 39 lE 05 DD, Tax Lot 8300 An eight (8.00) foot wide strip of land for a Public Sewerline Easement to the City of Ashland, over and across that tract of land described in Instrument No. 2014-011124 of the Official Records in Jackson County, Oregon, lying situate within the Southeast Quarter of Section 5 of Township 39 South, Range 1 East of the Willamette Meridian, City of Ashland, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at a 3/ inch iron pipe at the northwest corner of that tract of land described in Instrument No. 2014-011124 of the Official Records in Jackson County, Oregon, thence North 89°55'25" East, 81.50 feet to the POINT OF BEGINNING of an eight (8.00) foot wide strip of land, being four (4.00) feet each side of, parallel with and adjacent to the following described centerline: thence South 00°27'54" East, 75.00 feet to the POINT OF TERMINUS. Containing 600 square feet, more or less. Prepared by: ro" REGISTERED PROFESSIONAL LAND SURVEYOR Shawn Kampmann Professional Land Surveyor 5•-lG~ MGONJ Polaris Land Surveying LLC JULY 14, 1998 P.O. Box 459 SHAW 02883LS Ashland, Oregon 97520 RENEWAL DATE: 6/30/15 Date: October 14, 2013 s:\surveys\888-14\Bramscher Private Sewerline Easement Legal.docx P. 0. Box 459, Ashland, Oregon 97520 - Phone: (541) 462-5009 - Fax: (541) 488-0797 Mobile: (541) 601-3000 www.polarirrurvey.com EXHIBIT "B" SEWER EASEMENT MAP LYING SHUA7F 997M 1V SOUTBEAST QUARTER OF SECTION 5, TOWNSHIP 39 SOU774 RANGE 1 EAST, WILLAMETTE MERIDIAN CITY OF ASHLAND, JACKSON COUNTY, OREGON FOR Bramscher Design & Development LLC 346 Scenic Drive Ashland, Oregon i TABLE OF COURSES 30' 10' FLA BEARING DISTANCE 10 S 89°56'08" W 3.44' ZO N45000100" E 2.71' W 3O N 0002754" W 34.23' 4O N 46°00'00" W 15.40' ly P~P~ 1R~~ Kj 1-3/~ N 89'5525" E - 94.00' 10' 81.50' A ,1 SCALE: 1 " = 30' 0 CENTERLINE OF 8.00' WIDE I4?'. PUBLIC SEWER EASEMENT i O.R. 2014-011124 4° W 346 SCENIC DRIVE { iGj N N O \ O W Z CENTERLINE OF 4 3.00' WIDE PRIVATE U SEWER EASEMENT 16' VACATED ALLEY I 3 PER 0. R. 78-20658 FENCELINE A L L E Y S 89'56'08" W- 94.00' 2 °0 - x x x x x x I ~ 1- I O.R.1998-030649