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Home My WebLink About2014-314 Easement - 611 Associates LLC - TAP Jackson County Official Records 2014-033540 R-EA Cnt=1 MORGANSS 12/18/2014 03:24:34 PM $35.00 $5.00 $10.00 $5.00 $8.00 Total:$97.00 $11.00 $20,00$3.00 III 111111111111111111111111111111111111111111111 01649553201400335400070075 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 UTILITY 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, its successors and assigns (the "Grantee"), a permanent, in gross and nonexclusive easement for placement and operation of a water pump station 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 legally described as follows: Exhibit B, attached and incorporated„ (the "Easement Area"). 3. True and Actual Consideration: $125,500.00, 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, and removal of a water pump station, and whether they are above or underground, and all necessary or desirable accessories and appurtenances thereto pursuant to concept plan allowing for expansion of the building directly to the southwest without projecting towards the driveway-side plane of the proposed building as indicated on the exhibit "C" attached (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, 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 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. Public Utility Easement And Agreement Page 1 of 2 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 therefor. 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 i& day December, 2014. GRANTOR: GRANTEE: 611 Associates LLC, an Oregon Limited Liability CITY ACCEPTANCE (ORS 83.808); C ny CITY OF ASHLAND,, GRANTEE ti By: B John h elir, Managing Member Dave Kanner, City Administrator APPR D AS TO FORM STATE OF OREGON ) AshlB FEY WFIMY ) ss. 6 4114-- County of Jackson ) Da Personally appeared before me this day of December, 2104, John Chmelir as Managing Member of 611 Associates LLC, and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL SEAL t BARRY A BLISS NOTARY PUBLIC - OREGON Notary Publi for Oregon COMMISSION NO. 465166 My Commission Expires: UAr s ''3 l(P MY COMMISSION EXPIRES JANUARY 23, 2016 STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this 4 day of December, 2104, 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 SNIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 932046 Notary Public for Oregon O ao(o/ MY COMMISSION EXPIRES OCTOBER 02, 2011 My Commission Expires: D Public Utility 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 11/18/2014 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. V, 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 51°06'51" 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. 4, LAND SURVEYOR OREGON JULY 12, 2005 ARON JAMES CUTSFORTH 65696 RENEWA ; DEC. 31, 2015 EXHIBI T T - 2 T TAX LOT 1400 DLC 48 T38S R1E WM INN AT LITHIA SPRINGS, LLC.& 611 ASSOCIATES,LLC DOC.N0.2012-000904 W. J4 CKSON ~.3 VACATED R c` • . ~C XNIBITpHT-OF_~q y \ , ~c` `2 'q y~9 p O 2014 018E 9 . •.A • . ,*~2 637 „ r ; NORTHEAST CORNS A.... , c, , PARCEL 3 O~ PART. PLAT ~O~ P~~~c'~ 0~ ,P ~O ~ NO. P-25-2009 TELECOMMUNICATIONS FACILITY EASEMENT INST. NO. 96-16938 PROPOSED 1 41 QP EPOWER ASEMENTS ~G QP N ti REGISTERED PROFESSIONAL LAND SURVEYOR OREGON SCALE 1'= 50' JULY 12, 2005 ARON JAMES CUTSFORTH 65696 LINE TABLE 50 25 0 50 RENEWAL: DEC. 31, 2015 FEET L 1 NE BEARING LENGTH CURVE TABLE L1 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' CI 80.00' 26.59' 26.47' S50-51'51"W 19°02'39" L4 N73°38'33"W 17.61' C2 18.00' 28.27' 25.46' S06°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' Porcell =6.981 ft2± L9 S38°51'27"W 7.99' Perm. Ease. for Water, Sewer & Communications L 10 S51 °08' 33"E 33.62' may'' Service Lines, Fixtures & Facilities L I I N38°52'52"E 95.01' Parcel2 = 2938 ft2± L 12 N51 °06'51 "W 84.03' Perm. Ease. for Access Rood L 13 N41 ° 24 ' 57"W 4.60' 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 0%"O"cumr.'= sro~,,s.,#,4u [mIl~ ~FIFNlA'R6ntlN RlYIE IIq SIIFS OCO fl~lO]-SMIIO SCALE : 1"=50' DATE NOVEMBER 18, 2014 l~ N.4 Z1 R / }aa O oz<oo . ' 4f,o i _ "T in 1 -4 ~ e e 0 s 4 o~\v\1 I s \ is ~o`~ ` 1, SS SS > 55--,.. N SS S5 ~ J~ 66 o - -f n a ~r, CITY OF ASHLAND o p` TAP PUMP STATION EXHIBIT m z C~ " ASHLAND nCn y m = a ti ~ ti,na 11 SITE PLAN z