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HomeMy WebLinkAbout2014-313 Easement - 611 Associates LLC - TAP Jackson County Official Records 2014-033539 R-EA 12/18/2014 03:24:34 PM Cnt=1 MORGANSS $30.00 $5.00 $10.00 $5.00 $8.00 Total:$92.00 $11.00 $20.00 $3.00 11111111111111111111111111111111111111111 01649552201400335390060061 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk Return Document to: records. Christine Walker - County Clerk Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 PRIVATE ACCESS EASEMENT AND AGREEMENT 1. Grant. 611 Associates LLC, an Oregon Limited Liability Company, (the "Grantor"), owner of property legally described in Exhibit A, attached and incorporated, (the "Property"), hereby grants to City of Ashland, a municipal corporation of the State of Oregon, Grantee, its agents, and invitees (the "Grantee"), a perpetual, in gross, and nonexclusive easement of a right-of-way with the right of ingress and egress to the easement for all activities in connection and consistent with the purposes for which this easement has been granted. 2. Description. The location of the easement is a right-of-way upon the Grantor's Property in an area legally described as follows: Exhibit B, attached and incorporated, (the "Easement Area"). This description is intended to describe the easement location and is not to be strictly construed where reasonable variation from the actual description may exist. 3. True and Actual Consideration: $35,610.00, the sufficiency of which the Grantor deems sufficient. 4. Purpose. This easement shall be used by the Grantee as related to matters of City concern for the purpose of access to and across the Property by means of a right-of-way which includes the right of ingress and egress to the easement. Further purposes of this easement is the present and (without payment therefore) the future right to reasonably keep the area clear and free of all obstacles that impede the Grantee's activities reasonably related to its use to provide access to and across the Property. 5. Terms and Conditions. 5.1 Grantor shall have the right to use the Easement Area within the easement in any manner that does not interfere with activities reasonably related to the purpose of the easement. 5.2 Grantee, its agents and invitees may occupy the easement area for purposes for which the easement is granted without notification to the Grantor. As a result of this occupation, Grantee shall: A. Fill any and all excavations as soon as practicable after opening; B. 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. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, or removal of the right-of- way. 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 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. PRIVATE ACCESS EASEMENT AND AGREEMENT Page 1 of 2 6. Term and Termination. This easement shall commence on the effective date of this Agreement (The date it is executed by an authorized representative of each signing party. 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 149 day of December, 2014. GRANTOR: GRANTEE: 611 Associates LLC, an Oregon Limited Liability CITY ACCEPTANCE (ORS 93.808); pany CITY OF ASHLAND, GRANTEE gy: 1^ By_ City Administrator J hn Chmelir Managing Member Dave Kanner, APP ED AS TO FORM STATE OF OREGON ) ) ss. Ashla Asst. ko, AEImY County of Jackson ) Da Personally appeared before me this day of December, 2014, John Chmelir as Managing Member of 611 Associates LLC, and acknowledged the foregoing instrument to be her voluntary act and deed. n OFFICIAL SEAL BARRY A BLISS NOTARY PUBLIC - OREGON Notary Public f Oregon COMMISSION NO. 465166 My Commission Expires: :1XvL0&V j MY COMMISSION EXPIRES JANUARY 23, 2016 STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this day of December, 2014, Dave Kanner, and, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP DIANA RENEE SHIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 932046 Notary Public for Oregon rte" MY COMMISSION EXPIRES OCTOBER 02, 2014 My Commission Expires: Wv vC,r Al (5 PRIVATE ACCESS EASEMENT AND AGREEMENT Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION Parcel 3 of land partition filed for record August 18, 2009 and recorded as Partition Plat No. P-25-2009, Records of Partition Plats In Jackson County, Oregon, and is on file In the Office of the Jackson County Surveyor as No. 20463. TOGETHER WITH: Beginning at the Northeast corner of Parcel 3 of land partition filed for record August 18, 2009 and recorded as Partition Plat No. P-25-2009, Record of Partition Plats In Jackson County, Oregon and Is on file in the Office of the Jackson County Surveyor as No. 20463, said point being the Southeasterly corner of tract described as Exhibit "C" In the Jackson County Board of Commissioners Vacation Order No. 133-14 filed as Document No. 2014-018637, Official Records, Jackson County, Oregon; thence along the Southerly line of said tract, North 780 33'25" West 211.31 feet to the Southwesterly corner thereof; thence along the Westerly line, along the arc of an 80.00 foot radius curve to the left (the long chord to which bears North 690 37'30" East 84.36 feet) an arc distance of 88.85 feet; thence North 370 48' 25" East 17.33 feet to the Northwesterly corner thereof, said point being the Southeasterly corner of that tract conveyed to Jackson County for Public Roadway In Document No. 2012-042445, said Official Records; thence along the Easterly line of said tract, North 370 48' 25" East 55.82 feet; thence along the arc of a 29.00 foot radius curve to the right (the long chord to which bears North 520 51'08" East 15.06 feet) an arc distance of 15.23 feet to the Southwesterly right of way line of Pacific Highway No. 99; thence along said Southwesterly line, South 520 41' 10" East 140.41 feet to a point of the Northeasterly prolongation of the Southeasterly line of said Parcel 3; thence along said Northeasterly prolongation, South 370 20'32" West 66.72 feet to the point of beginning. Exhibit B-1 Page 1 of 2 File 806-0001-001 11/1812014 Parcel 1 - Permanent Easement for Water, Sewer and Communication Service Lines, Fixtures and Facilities A parcel of land lying in Donation Land Claim No. 48, Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed in the Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25-2009 of the Records of Partition Plats in Jackson County, Oregon, a portion of the vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 in the Jackson County Official Records, and a portion of that property described in that Warranty Deed recorded January 13, 2012, as Document No. 2012-000904 in the Jackson County Official Records; said parcel being further described as follows: Beginning at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009; thence along the southeasterly line of said vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, North 39°15'26" East, 66.89 feet to the southwesterly right-of-way line of Rogue Valley Highway No. 63 (OR 99); thence along said southwesterly right-of-way line, North 51°06'12" West, 28.08 feet; thence leaving said southwesterly right-of-way line, South 38 51 27 West, 48.95 feet; thence North 73°38'33" West, 17.61 feet; thence South 38°29'33" West, 35.23 feet; thence North 52°22'16" West, 12.91 feet; thence South 38°53'04" West, 62.72 feet; thence South 51 °06'50" East, 22.93 feet; thence South 38°51'27" West, 7.99 feet; thence South 51 °08'33" East, 33.62 feet to the southeasterly line of said Parcel 3 of Partition Plat No. P-25-2009; thence along said southeasterly line North 38°52'52" East, 95.01 feet to the Point of Beginning. Bearings are based upon the Oregon Coordinate System NAD83 (2011) Epoch 2010.00, South Zone. This parcel of land contains 6,981 square feet, more or less. A Exhibit B-1 Page 2 of 2 File 806-0001-001 11/18/2014 Parcel 2 - Permanent Easement for Access Road A parcel of land lying in Donation Land Claim No. 48, Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed in the Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25-2009 of the Records of Partition Plats in Jackson County, Oregon and a portion of the vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 in the Jackson County Official Records; said parcel being further described as follows: Commencing at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009; thence North 74°22'49" West, 61.56 feet to the POINT OF BEGINNING, thence North 51006'51 " West, 84.03 feet; thence North 41 °24'57" West, 4.60 feet to the westerly line of the vacated right-of-way of West Jackson Road as described in said Exhibit "C" of Document No. 2014-018637; thence along said westerly line along the arc of an 80.00 foot radius curve to the right (the long chord of which bears South 50°51'51" West, 26.47 feet) a distance of 26.59 feet; thence leaving said westerly line South 39°29'13" East, 4.38 feet; thence South 51 °06'51" East, 57.91 feet; thence along the arc of an 18.00 foot radius curve to the right (the long chord of which bears South 06°06'56" East, 25.46 feet) a distance of 28.27 feet; thence South 38°52'59" West, 18.72 feet; thence South 51 °06'50" East, 13.86 feet; thence North 38°53'04" East, 62.72 feet to the Point of Beginning. Bearings are based upon the Oregon Coordinate System NAD83 (2011) Epoch 2010.00, South Zone. This parcel of land contains 2,938 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 12, 2005 ARON JAMES CUTSF0 65696 RENEWAL= DEC. '31, 2015 EXHI B I T T"- 2 TAX LOT 1400 DL C 48 T 38S RI E WM INN AT LITHIA SPRINGS, LLC.& 611 ASSOCIATES, L L C ~0G' ' DOC. NO. 2012-000904 . 6~ Fy cKSoN lv3 ~ACATEO RIG op x/Z L~ . , ~C rNjBIT HC ; OF,B,gY e(` <2 `99J ~p oic 637 ni. NORTHEAST CORNER , PART. PLAT PARCEL 3 0 0~ Q` `•'P ♦ ♦1f~ .~,F' `8 NO. P-25-2009 P J 0 P ♦ ♦ TELECOMMUNICATIONS FACILITY EASEMENT INST. NO. 96-16938 C3~J PROPOSED 0 ~1~ P~ POWER OJP~F O~ Q EASEMENTS ~G QP N REGISTERED PROFESSIONAL LAND SURVEYOR OREGON SCALE V = 50' JULY 12, 2005 ARON JAMES CUTSFORTH LINE TABLE 65696 50 25 0 50 RENEWAL: DEC. 31, 2015 L I NE BEARING LENGTH FEET CURVE TABLE L I N39° 15'26"E 66.89' ARC CHORD CHORD DELTA L2 N51°06'12"W 28.08' CURVE RADIUS LENGTH LENGTH BEARING ANGLE L3 S38°51 '27"W 48.95' C1 80.00'126 59' 26.47' S50°51'51"W 19°02'39" L4 N73°38'33"W 17.61' C2 18.00' 28.27' 25.46' SO6°06'56"E 89°59'50" L5 S38°29'33"W 35.23' L6 N52°22'16"W 12.91' LEGEND L7 S38°53'04"W 62.72' L8 S51 *06'50"E 22.93' Parcel1 =6,981 ft2f L9 S38°51'27"W 7.99' Perm. Ease. for Water, Sewer & Communications L 10 S51 008' 33"E 33.62' Service Lines, Fixtures & Facilities L11 N38°52'52"E 95.01' Parcel2 = 2938 ft2± L1 2 N51 °06'51 "W 84.03' L13 N41°24'57"W 4.60' = = = Perm. Ease. for Access Road L14 S39°29'13"E 4.38' CITY OF ASHLAND L15 S51°06'51"E 57.91' PROJECT TAP EMERGENCY INTERTIE PROJECT L16 S38°52'59"W 18.72' ' FILE. NO. 806-0001-001 PROJECT NO. 0806-0001.00 L17 S51°06'50"E 13.86 COUNTY JACKSON COUNTY a... ....Wf m' MW "'""""""'t cam r/K m I°°Itr WOMM A WM = " Horn gar afm+n W*W SCALE : r'=50' DATE : NOVEMBER f8, 2014 ~aoocm wim~n`m~i.aaic:oo:e~uarw.m ~C.