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Home My WebLink About2017-083 Easement Packet - First American - 321 Helman St x k r y firstAmerican Title Company of Oregon ~ ~ ~ 370 Lithia Way Ashland, OR 97520 Phn - (541)488-6840 Fax- (866)391-8367 City of Ashland April 25, 2017 51 Winburn Way File No.. 7162-2749496A (JS) Ashland, OR 97520 Re; Property; Portion of 321 Helman St, Ashland, OR 97520 The closing of the above referenced transaction is now complete, For your records we enclose the following: (Keep these instruments in a safe place as some of them cannot be replaced.) • Recorded Slope Easement • Signed Sales Agreement Your Policy of Title Insurance will be forwarded separately. If checks are included in this package, please negotiate as soon as possible. Should you have any questions or need further assistance, please contact the undersigned. First American Title Company of Oregon Jeannette Rudisill, Assistant for Julie Schamanek, Escrow Officer Jackson County O~cial Records Zp 17-p 13686 R-E Stn=O MORGANSS 0412512017 09:55:38 AM f f; JA $10.00 $20.00 $30.00 $8.00 $5.00 $4.00 $88.00 a ~1 ~ Vl .Oo I, Christine Walker, County Clerk for Jackson County, Oregon, certify After recording, please return to: that the instrument identified herein was recorded in the Clerk records. Christine Walker -County Clerk The City of Ashland 51 Winburn UVay Ashland, OR 97520 Until a change is requested all tax statements shall be sent ta: No Change This is a partial transfer for road purposes SLOPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Michael J. Bird and Deborah H. Bird, as tenant by the entirety grants to the city j of Ashland (the city) its successors and assigns, Grantee, for the use of the public forever, a slope easement in that certain real property situated in the County of " J a c k s o n and State of Oregon, described on the attached Exhibit "A," and shown on the attached Exhibit "B " The true consideration for this conveyance is $528.00. Including the right to construct and maintain slopes necessitated by the construction, operation, and maintenance of the public road, all public facilities, and improvements in the adjacent right-of-way. Grantee shall never be required to remove the slope materials placed by it on said property, nor shall Grantee be subject to any damages to Grantor by reasons of any change of grade of the roadway abutting on said property. This document is intended to grant an easement on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easement granted shall not prevent Grantors from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within the easements granted herein. Grantor hereby covenants to and with Grantee that it is the owner of said property, which is free from all encumbrances, except for easements, conditions and restrictions of record, and will warrant and defend the easement rights herein granted from all lawful claims whatsoever, except as stated herein. 18250-005 Michael J. Bird and Deborah H, Bird, as tenant by the entirety / _ y~/}'A,l, 9 e G ~ O~~ r ' ~Y f~..:.e 1 O~ ~~c~~l~ After recording, please return to: Cr~ur~~;._- The City of Ashland r ~ ~ ~ 51 Winburn Way ~ ~ ~~a~.~co.~ES~ Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change Tr'~is is a par~ial transfer for road purposes SLOPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Michael J. Bird and Deborah H. Bird, as tenant by the entirety grants to the city of Ashland (the city) its successors and assigns, Grantee, for the use of the public forever, a slope easement in that certain real property situated in the County of ~ a c k s o n and State of Oregon, described on the attached Exhibit "A," and shown on the attached Exhibit "B." The true consideration for this conveyance is $528.00. Including the right to construct and maintain slopes necessitated by the construction, operation, and maintenance of the public road, all public facilities, and improvements in the adjacent right-of-way. Grantee shall never be required to remove the slope materials placed by it on said property, nor shall Grantee be subject to any damages to Grantor by reasons of any change of grade of the roadway abutting on said property. This document is intended to grant an easement on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easement granted shall not prevent Grantors from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within the easements granted herein. Grantor hereby covenants to and with Grantee that it is the owner of said property, which is free from all encumbrances, except for easements, conditions and restrictions of record, and will warrant and defend the easement rights herein granted from all lawful claims whatsoever, except as stated herein. 18250-005 Michael J. Bird and Deborah H. Bird, as tenant by the entirety IN WITNESS, WHEREOF,the above-named Grantor, has caused this instrument to be signed. DATED this day of , 20 Michael J. Bird STATE OF OREGON ) ss County of Jackson ) ~ On this da of ~ 20 ~ I before me ersonall a eared Michael J. Y p Y pp Bird, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that he signed the same as her free and voluntary acts and in the capacity and for the uses and purposes therein mentioned. C~LR,,., C... Notary Public IN WITNESS, WHEREOF,the above-named Grantor, has caused this instrument to be signed. DATED this day of , 20~ ~ Deborah H. Bird STATE OF OREGON ) ~ ss County of Jackson ) On this day of ~ , 20 ,before me personally appeared, Deborah H. Bird, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that s h e signed the same as her free and voluntary acts and in the capacity and for the uses and purposes therein mentioned. ~~L~ Notary Public 18250-005 Michael J. Bird and Deborah H. Bird, as tenant by the entirety ACKNnWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or _validity of that document. State of California County of ~r ~ ) On ~~-U~ l~ r~1~ before me, ~ ~~~~~L ~~.~v1i ~ (insert name an title of th officer) personally appeared I~C~n~~.~ il~ 3;r~~ C~~,b~~~.1~. ~ . who proved to me on the basis of satisfactory evidence to be the person(s) whose names} i are subscribed to the within instrument and acknowledged to me that helshe?~e executed the same in hislha~~#t ' .authorized capacity(ies), and that by hislher~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE ZERBA vvITNESS my hand and official seal, Commission # 2123541 z ,.a Notary Public • California D ~ Napa County M Comm. Expires Sep 11, 2019 Signature (Seal) Approval and Acceptance by Grantee (ORS 93.808) City of Ashland hereby approves and accepts the foregoing Easement this day o~~ ll' , 2017. Joh ~ arns, Inter City Administrator STATE OF OREGON ) ss. County of Jackson ) This instrument was acknowled ed before men 2017 g , by pk~( 1CGt~S ~ for the City of Ashland. OFFICIAL STAMP DIANA RENEE SHIPLEY ` ' NOTARY PUBLIC-OREGON C COMMISSION NO.932046 o ary Public -State of Oregon MY COMMISSION EXPIRES OCTOBER 02, 2018 18250-005 Michael J. Bird and Deborah H. Bird, as tenant by the entirety EXHIBIT A -Page 1 of 1 File 18250-005 0710512016 Permanent Easement for Sidewalks and Slopes A parcel of land lying Parcel No.1 of Partition Plat recorded March 11,1997, as Partition Plat No. P-22-1997 in the Official Records of Jackson County, Oregon, being located in the SW 1/4 of Section 4, Township 39 South, Range 1 East, W.M., said parcel being a portion of that property described in that Statutory Warranty Deed to Michael J. Bird and Deborah H. Bird, husband and wife, as Instrument Number 2012-015085 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northeasterly side of the Hersey Street "H" center line, which center line is described as follows: Beginning at enter line Station "H" 10+00.00, marked by a 314" iron pipe at the centerline of Hersey Street & Main Street in a monument case, said Station being North 70°01'38" West 2,313.47 feet from the Northwest comer of Donation Land Claim No. 42, Township 39 South, Range 1 East, W.M.; thence North 74°22'00" East 257.08 feet; thence on a 178.05 foot non-tangent radius curve right (the long chord of which bears North 70°52'01" East 251.73 feet] 279.58 feet; thence South 64°08'55" East 495.55 feet to a 3"brass disk in a monument case at the centerline intersection of Hersey & Laurel Streets; thence South 64°08'24" East 672.55 feet to a 3" brass disk in a monument case at the centerline of intersection Heiman & Hersey Streets; thence South 64°07'53" East 387.75 feet to a 314" Iron Pipe in a monument case at the intersection of Water ~ Hersey Streets; thence North 32°22'48" East 15.37 feet; thence South 63°35'36" East 565.90 feet to a stone with a chiseled X in a monument case at the centerline of Hersey Street & Oak Street and center line Station "H" 36+73.79, said Station being North 60°30'11" East 47.68 feet from the Southwest comer of Donation Land Claim No. 41, Township 39 South, Range 1 East, W.M. The width in feet of said strip of land is as follows: Station to Station Width on Northeasterly Side of Center Line "H" 26+65.00 "H" 26+75.00 30.00 in a straight line to 35,00 Bearings are based on Survey Number 21937 as filed in the office of the Jackson County Surveyor. This parcel of land contains 22 square feet, more or less, outside the existing right of way. REGISTERED PROFESSIONAL LAND SURVEY OREGON JULY 12, 2405 LOGAN MILES 65452 RENEW/AL: QECr 31, 2~l bb 5 ~~heGl ~ 07~o,S"~zo~1 ~a EXHIBIT "B" ~<<FY JEFFERY M. HAML ETT AND l BARBARA E. HAML ETT l 1 nstr. No. 99-51966 / 9, 732, f t2 ± Rem. Aq ti A, ~0~` ~3o i l ? 22.1 ~ 00~ l 9 o° 9, ,l r~~ Op, 0 ,o~q / ~ ' ' o ~ o F~ i ~ i' , 00 J i ~ ~ MICHAEL J. B1 RD AND i ~ ~ , DEBORAH H. B1 RD p Ins1r. No.2012-015085 / ~ ~p30 3,945 ft2 ± Rem. ~ / 0° ~ ti \ ~ S 6qa 0~ ~j~ ~ lI a~ 08~~q,, °0 5e. S1ope5/° SS' ~ PS,dev~ o ~ y~. ° , 8 RsFr S o° ow r~FFT Qo cf~.y o l ~oa~ OF / qs ~ ~ N y~~~o ~ i'~ d ~ ~v ~ ' ~b~Cv~ ~ , ~ti p ~~I ~ / ~ ~~,vo / REGISTERED / ~ .ti PROFESSIONAL / LAND SURVEYOR , OREGON JULY 12, 2005 SCALE 1" = 30' LOGAN MILES 65452 RENEWAL: DEC. 31, 2016 30 15 0 30 FEET JACKSON COUNTY LEGEND Rood HERSEY STREET DRGe N0. 18250.005 KEY N0. 18250 Perm. Ease. - Sidewalks & Slopes 22 ft2± PrOjeCt HERSEY STREET SIDEWALK: N MAIN TO 0,4K STREET a~wa~ arm Sao munr~ uue AW4 wnE lace ElGEAL a+E~r ~,ni-60BA w~J-eD90 COUNTY JACKSON COUNTY ~ ; favsu J990 fuAYlEr l►NSiAIA ptN( SG 9IRE aoo SllER ORE69Y 9TJI>?, SOJ-S~IYU fuGl~FfRS eJ1 arA~[ PA~nrAr YEaaYaaxatY 9>sa-+oos. w-n+sno SCALE : i 30' DATE ; JULY 05, 20 l6 ~ ~ ~ AW45UITE uu QSItG4 OREGOY 91tlJ5, S7J•&'tl-6NJ Till YA1Y SffEE1,SURE +ni YAMO],Y[RYASHIWTOY 9~6E0,J6o-JN-2J91 • • E lc Land Solutions Inc. p 10300 SW Greenburg Rd, Suite 370 Portland, OR 97223 Phone: 503-213-3977 File No.: 18250 005 Fax: 503-244-0627 Grantor: Michael J. Bird and Deborah H. Bird, as tenants by the entirety Project: Hersey Street Sidewalk: N Main or Oak Street County: Jackson Michael J. Bird and Deborah H. Bird, as tenants by the entirety 2465 Rigdon St. Napa, CA 94558 Vve accept the offer made in the City of Ashland's (City) Offer Letter, dated January 26, 2017, attached hereto and incorporated by reference, to purchase a portion of our property for the above-referenced project. UVe hereby accept $528 for 22 square feet of land in a permanent slope easement, and $925 for improvements for total offer of $1,500.00 (rounded). The improvements include the following: • Sign and Shrubs At reasonable times, the City's representative may enter the portion of the property that is being purchased for the purpose of making surveys and studies. Closing the transaction is contingent on the City obtaining Title Insurance in a form and manner acceptable to the City, the property being free of all other encumbrances and liabilities not acceptable to the City, final legal review by the City of all documents, and final project funding approval. Uve understand that final closing and disbursement will be performed by the City, or by an Oregon Title Company chosen by the City. DATE D th is d ay of r--~.~. , 20 1'7. ~ ~ SELLER: Michael .Bird and Deborah H. I~ it Acceptance Letter Page 1 of 1 AGENCY ACKNOWLEDGMENT Both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and hereby acknowledge and consent to the following agency relationships in this transaction: (1) Dave Nickerson (Name of Buying Licensees) of Summa Real Estate (Name of Real Estate Firm) is the agent of (check one): X Buyer exclusively ("Buyer Agency") r Seller exclusively ("Seller Agency") Both Buyer and Seller ("Disclosed Limited Agency") If both parties are each represented by one or more Licensees in the same Real Estate Firm, and Licensees are supervised by the same principal broker in that Real Estate Firm, Buyer and Seller acknowledge that said principal broker shall become the disclosed limited agent for both Buyer and Seller as more fully explained in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller and Licensee(s). Both the Buyer and the Seller understand that it is required for Right of Way Consultants to be licensed in the State where they represent agencies for acquisitions and that they receive no commissions for their services. Buyer shall sign this acknowledgment at the time of signing this Agreement. Seller shall sign this acknowledgment at the time this Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Seller's signature to this Agency Acknowledgment shall not constitute acceptance of this Agreement or any terms therein. Buyer: Seller: City of Ashland Michael J. Bird and Deborah H. Bird, as tenants by the entirety Title:.~iti'7%f~rr~ C~ T~ A~~M cn~'rSrQ,~~~~° Date: ~ -1 ~ Date: ~ By: Date: ~ ~b L City of Ashland CITY'S OBLIGATION(S) AGREEMENT Name: Michael J. Bird and File Date: Deborah H. Bird as tenants 18250-005 3/15/17 by the entirety Situs: 321 Helman St. Ashland Project: Hersey Street Sidewalk: N. Main to OR 97520 Oak Street The City of Ashland will perform the following: • Protect existing sign on easterly portion of property. Any construction lying outside of the traveled portion and shoulders but within theright-of way of the roadway which is made for the use and benefit of the remaining property, either under the terms of this agreement or the construction plans, shall be completed in conformance with normal engineering construction practices and hereafter shall be maintained or reconstructed by the property owner. If any of the construction under the terms of this agreement is outside of the roadwayright-of way, Grantors hereby grant the City, its employees or contractors, permission to enter upon their remaining property for the purpose of performing any of said construction work. It is understood and agreed that the City's performance of this agreement shall be a portion of the consideration for the concurrent real property transaction evidenced by deed or easement document(s) between Grantors and the City. This agreement shall not be effective or binding until Grantors receive notice from the City accepting the conveyance of the real property interests. City of shland: Grantor: Michael J. Bird 3 30 2oJ ~ ~ ~ ; ~-1 ~ - Proj ager ate Date Grantor: Deborah H. Bird Date C:1UserslcnickersonlDesktop10b1igationsAgreement_Bird.docm