HomeMy WebLinkAbout2015-003 Easement - SB Development
Jackson County Official Records 2015-002292
R-EA
Cnt=1 HELMANCD 01/27/2015 02:31:34 PM
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$30.00 $5.00 $10.00 $5.00 $8.00 TOtal:$92.00
$11.00 $20.00 $3.00
01653445201500022920060066
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:
City of Ashland
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
GRANTOR: SB Development, LLC.
GRANTEE: CITY OF ASHLAND, JACKSON
COUNTY, OREGON
TRUE AND ACTUAL CONSIDERATION:
$[$0.001, the sufficiency of which the Grantor
deems sufficient.
PUBLIC UTILITY EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record., SB Development,. LLC, an
Oregon Limited Liability Company, (the "Grantor"), owner of property legally described in exhibit A herein
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, appurtenant and nonexclusive
easement for a right of way 10 feet in width together 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 Five (5) feet on either side of a line legally described as follows:
Exhibit B & C herein incorporated (the "Easement Area").
3. 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.
Public Utility Eascment And Agreement
Page 1 of 6
4. Terms and Conditions.
4.1 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.
4.2 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;
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B. Dispose of all brush and debris;
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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 i
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,
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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 i
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 i
manner result from or arise out of the purpose and activities permitted under this
easement.
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5. 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.
6. 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 Jaunuary,
2015.
R R; GRANTEE:
SB Devel ent, LL.C CITY ACCEPTANCE (ORS 81808);
CITY OF ASHLAN4, GRANTEE
l
Robert Mayers, Partner By
t3ave Kanner, C y Administrator
Public Utility Easement Arid Agr•eerrient AP ° ?OVE R[1 i
Page 2 of 6 r-~Y
Ashlan City Attorney
Dat ) -9 ! - 1
• OFFICIAL STAMP
DEBORAH ANN MARTIN
NOTARY PUBLIC-OREGON
• COMMISSION NO. 931934
MY COMMISSION EXPIRES SEPTEMBER 04, 2018
STATE OF OREGON )
- ) ss.
County of Jackson }
Personally appeared before me this 2-J day of January, 2016, Robert Mayers, and acknowledged
the foregoing instrument to be her voluntary act and deed.
Notary Public for Oregon
My Commission Expires:.-.19 STATE OF OREGON )
} ss.
County of Jackson }
Personally appeared before me this V day of January, 2015, 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
MY COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires:
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Public Utility Easement And Agreement f
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Page 3 of 6
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EXHIBIT 'A'
PARCEL 1s
From a point found by measuring North 1233.0 feet from the Quarter corner between
Sections 14 and 23 in Township 39 South, Range 1 East of the Willamette Meridian in
Jackson County, Oregon, to an intersection with the Northerly right-of-way line of
Pacific Highway 899; thence South 56'13' East 305.75 feet) thence North 435.60 feet
to tho true point of beginning; thence continue North 290.40 feet] thence Borth
56'13' West 02.50 fact; thence South 290.40 feet; thence South 56'13' East 82.50
feet to the true point of beginning.
For Informational purposes only, the following is included:
(Map No. 391Ei4U, Tax Lot 1800, Account No. 1-011852-4, Code 5-08)
VARCEL 2:
From a point found by measuring North 1233 feet from the Quarter corner between
Sections 14 and 23 in Township 39 South, Range 1 East of the Willamette Meridian,
Jackson County, Oregon, to an intersection with the Northerly right-of-way line of
Pacific Highway No. 99; thence South 56'13' East 385.2 feet; thence North 580.8
feet to the place of beginning; thence continue North 145.2 feet to the North line
of Roberts Tract; thence South along said line 56'13' East 305.25 feet to the Nest
line of a 40 foot road; thence South 145.2 feet along said road; thence North
56'13' Wast 385.2 feet to the place of beginning.
For Informational purposes only, the following is included:
(Map Map No. 3919140, Tax Lot 1900, Account No. 1-011853-2, Code 5-01)
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Public Utility Rasemeut And Agreement
Page 4 of 6
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Exhibit B
William Colisch PLS, PC '
291 Pyle btive Grants Pass, OR 97527
541-474-1081, 472-0009 fax
Survey~a.charter.rret
Proposed Lease Area. MD01 Ashland South
Commencing at the monumented northeast corner of Parcel 3, as shown Pattitlon Plat P-59-
1995 In Jackson Courtty, Oregon; thence North 28°01'30" West, 31.88 feet, to th9 true point of
13e9ln11119; thence Norili 56°05'47" West, parallel with the northeast line of said Parcel 3, a
distance of 46,36 feel; thence North 00'02'32" East, 64.17 feet; thence South 89°67'28" East,
38.50 feQt; thence South 00°02'32" West, parallel with the east line of said Parcel 3, a distance
of 80.00 feet to the true paint of beginning.
Containing 2583 square feet of land, more or less.
Bask of Bearings: Filed Survey 16469
Proposed Access Easement
A twenty foot wide access easement, the centerllne of which Is described as follows:
Commencing at the southeast corner of the above described tease area; thence South
89°57'28' East, 5.00 feet to the true point of beginning of the centerline to be described; thence
North 00102'32" East, 69.00 feat: thence 19.77 feet along the are of a 20.00 foot radius curve to
the left (the long chord of which bears North 28°16'27" West, 18.97); thence 1937 febt along
the arc of a 20.00 foot radius curve to the right (the long chord of which bears North 28°16'27"
West, 18.97); thenco North 00°02'32" East, 69.76 feet; thence 32.60 feet. along the are of a
20;12 foot radius curve to the right (the long chord of which bears North 46°49'16" East, 29.15');
thence South 87°06'33" East 11.76 feet; thence 61,62 feet along the aro of a 50.00 foot radius
curve to the loft (the long -chord of which bears North 63°19`02" East, 49.351); thence North
33°44'37" last, 21.27 feet to the southwest line of Mistletoe lRoad.
P1,0D.0sed M1111ty Easement_
A•teh foot wide utility easement, the centerline of which is described as follows:
Commencing at the northwest corner of the above-described lease area; South 89"6728" East,
along the north line thereof, 30.50 fret to the true point of beginning of ttte centerlhe to be
described; thence North 00°02'32" East, 197.70 feet to the southwest line of Mistletoe Road,
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Public Utility Easement and Agreement
Page 5 of 6
Exhibit C
Exhibit Map
forAT&T Wireless
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Taxtot 1900 rteai3TEREI)
PROFESSIONAL
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WILQA!! C0LI8CH
38.64' Cr?
S 89'07`1,8 ~
LINT BEARING DISTANCE
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Taxlot 2000 t.1 N 00102'32' R 09.00`
to Proposed L2 N 00'02'32' C 60.10
AT&T Wireless L3 S 87'x'33" E 11.7F
o Lease Area L4 N39407'E 21.27'
3 I CURVE DELTA _ RADIUS ARC LENGTH CHORD 01143 MINGTH
01 66°37'69' 20,00' 1837` N 284627' W 10.97
`i 02 66°37'60~ 20100' 19.77` N26'18'27°W 1x.97'
Ms6o S I 03 92'00'86" 20,12 32.601 N 40'49'16" H 20.16'
61$ C4 co*azi'6a° 60,Q0' 611021 N03°19'02"E 48.35
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~A~`/fAri7 G N 28°01'3(3" W
sr,90 31.OQ' {tieJ
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TzWot 2402
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Public Utility Easement and Agreement
Page 6 of 6