The URL can be used to link to this page

Home My WebLink About2017-085 Easement Packet - First American - 123 W Hersey * r ~ First American Title Company of Oregon 370 Lithia Way . , Ashland, OR 97520 a Phn- (541)488-6840 Fax- (866)391-8367 City of Ashland April 18, 2017 51 WinburnWay File No.: 7162-2749495A (JS) Ashland, OR 97520 Re: Property: Portion of 123 W. Hersey 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 rep/aced.~ • Recorded Slope Easement • Original Agreement and Temporary Construction Easements 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. We at First American Title Company of Oregon would like to take this opportunity to thank you for the privilege of providing closing services for this transaction. You are invited to call First American Title Company of Oregon for all your title and escrow needs. We look forward to working with you in the future! First American Title Company of Oregon Jeannette Rudisill, Assistant for Julie Schamanek, Escrow Officer Page 1 of 1 Jackson County Official Records 217.012991 R-E 0411812017 01:13:00 PM . L r/~ Stn=O MORGANSS ~ I $11.00 $5.00 $4.00 $25.00 $8.00 $10.00 $83.00 $20,00 After recording, please return to: I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. The Clty Of Ashland Christine Walker -County Clerk 51 Winburn Way Ashland, OR 97520 Until a change is requested al(tax statements shall be sent to: No Change Tr~is is a partial transfer for road purposes. SLQPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants 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~ J a c k s o n~~and State of Oregon, described on the attached Exhibit "A," parcel 1 and shown on the attached Exhibit "B." The true consideration for this conveyance is $633.50. 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 gran# 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 facilit'ses 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. i i 18250_004 Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants by the entirety Parcel 1 ~ , r,, f ~ 11 After recording, please return to: The City of Ashland ~~.s 51 Winburn Way Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change T~~i s i s a parti a1 Transfer for road purposes . SLOPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants 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 J a c k s o ri and State of Oregon, described on the attached Exhibit "A," parcel 1 and shown on the attached Exhibit "B." The true consideration for this conveyance is $633.50. 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_004 Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants by the entirety Parcel 1 IN WITNESS, WHEREOF,the above-named Grantor, has caused this instrument to be signed. DATED this day of , 20 OFFICIAL STAMP e rey M. amlett ~ ALYSSA McCOLl.Y NOTARY PU6~,IC-OREGON COMMISSION N0.958311 STATE OF OREGON ) ~ COI~i~IggION ~a a, zoo ~ ss County of Jackson ) On this day of ~ , 20~, before me personally appeared Jeffrey M. Hamlett, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that he signed the same as his free and voluntary acts and in the capacity and for the uses and purposes therein mentioned. Notary Pub IN WITNESS, WHEREOF,the above-named Grantor, has caused this instrument to be signed. DATED this ~ day of 20~- J ~ti `"r;?' ~ , ~ ~ !CFF ICIAL STAMP Barbara E. Hamlett ~ ALYS8A McCOLLY NOTARY PUBLIC-OREGON COMMISSION N0, 958311 STATE OF OREGON ) ~ COM9lS314M S N4R 0~, 3~0 ~ ss County of Jackson ) On this r~``~' day of~ ~,,°r:~, , 20 before me personally appeared Jeffrey M. Hamlett, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that she signed the same as her free and voluntary acts and in the capacity and for the uses and purposes therein mentioned. Notary ub is 18250_004 Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants by the entirety Parcel 1 Approval and Acceptance by Grantee (ORS 93.808) City of Ashland hereby approves and accepts the foregoing Easement this day of/hA~G , 2017. John ns, Inte Im City Administrator STATE OF OREGON ) ss. County of Jackson ) T Is instrument was acknowledged before me on , 2017, by tW1 r for the City of Ashland. OFFICIAL STAMP DIANA RENEE SHIPLEY NOTARY PUBLIC-OREGON ary Public -State of Oregon COMMISSION N0.932046 MY COMMISSION EXPIRES OCTOBER 02,1018 EXHIBIT A -Page 1 of 1 File 18254-404 0710512016 Parcel 1-Permanent Easement for Slopes A parcel of land lying in the SW 114 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in that Warranty Deed to Jeffery M. Hamlett and Barbara E. Hamlett, husband and wife, as Instrument Number 99-51966 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property included in a strip of land 35.00 feet in width, lying on the Northeasterly side of the Hersey Street "H" center line, which center line is described as follows: Beginning at center line Station "H" 10+00.00, marked by a 314" iron pipe at the centerline of Hersey Street 8~ Main Street in a monument case, said Station being North 70°01'38" West 2,313.47 feet from the Northwest corner of Donation Land Claim No. 42, Township 39 South, Range 1 East, W.M.; thence North l4°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" Iran 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 corner of Donation Land Claim No. 41, Township 39 South, Range 1 East, W.M. Bearings are based an Survey Number 21937 as filed in the office of the Jackson County Surveyor. This parcel of land contains 362 square feet, more or less, outside the existing right of way. Parcel 2 -Temporary Easement for VI(ork Area (3 years or duration of Project, whichever is sooner] A parcel~of land lying in the SW 1l4 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in that Warranty Deed to Jeffery M. Hamlett and Barbara E. Hamlett, husband and wife, as Instrument Number 99-51966 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property lying between lines at right angles to the Hersey Street "H" center line at Stations 25+60.00 and 25+84.00, and included in a strip of land 48.00 feet in width, lying on the Northeasterly side of the Hersey Street "H" center line, which center line is described in Parcel 1. EXCEPT therefrom Parcel 1 This parcel of land contains 312 square feet, more or less, outside the existing right of way. REGISTERED PROFESSIONAL LAND SU VE OR OREGON JULY 12, 2005 L~GAN MILES 65452 RENEWAL: DE 3i,~„ S 0 7 5 Zo 1 / EXHIBIT "B" A<<FY ORVILLE L.WASMUNO AND V1RG1 NIA B WAS~NUND lnstr, No. 92-14611 6, 721 f t2 ± Rem. ti op DOx ~ JEFFERY M. HAML ET T AND 8AR8ARA E. HAMLET l ,,~o Instr. No. 99-51966 00 9,732 ft2 + Rem, ~0~ , tv ? A~~CF ~ ~ ~ t U3 00, I99~ 00 0 ~ oo ~ ~ ,o o ~ o ~ o o~ `jt ~ J ~ pp MICHAEL J.81R0 AND ' ~ ~ DE80RAH H. 81 R0 ` 1 nstr. No.2012-015085 0 ~ ~ 1p~0 3,945 f t~ ± Rem. o ~~-S 4 0~ 0 ~ti oti x x 0 S ~ 9 ~q O O ~ o o OSe; c 6~~. S , ow - - . Qe~~,~ ~K5 ~ S o S~be o y~ ow ~ ~r RSFr S op , TR ~ o ,l N cfTr .ow FFT ~ ~ o° I , ~F ' - qSy` / ~ ' ~~O h~~ / REGISTERED PROFESSIONAL ~ -w ~ LAND SURVE ~ ti ono x ~ /~ow.~~ OREGON JULY 12, 2005 SCALE i" = 30' / ~ LOGAN MILES 65452 / RENEWAL: DEC. 31, 2016 30 15 0 30 rji~~PG~'• 07/~S~Lo/~ FEET JACKSON COUNTY __LEGEND _ ROOd NERSEY STREET Q Perm. Eose. - Slopes 362 f t~± DRG. N0. t8250.004 KEY N0. 18250 0 Temp, Eose. - Work Area 312 ft2± Project NERSEY 5>'REEI' SlDEWaIK: N Math r0 oaK SIREEr o~+r r~ sm anuR as ~a+a ~nrt Kae cmr~. a~taa riA,~. ~r~~ COUNTY JACKSON COUNTY aro'~rra ~rau a~ u s~rrc m~ spa ac►o~ n~ac ~~rer+ ft~CUff~S elr vxu[ mow rcc~oa o9ftnr srsa-cas. sir-~r~o ~ , IfIrIlA1rA1~E1.Si7Jtb1 Y11rLN(RrdSWllTrptl~lpf6CH}1KJlr SCALE ~ 1"-30' DATE ~ JULY 05 2016 `""°~~"~'~~'~°~'n' • E is Land Solutions Inc. p 10300 SW Greenburg Rd, Suite 370 Portland, OR 97223 Phone: 503-213-3977 File No.: 18250 004 Fax: 503-244-0627 Grantor: Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants by the entirety Project: Hersey Street Sidewalk: N Main or Oak Street County: Jackson Jeffrey M. Hamlett and Barbara Hamlett, as tenants by the entirety 123 W. Hersey St. Ashland, OR 97520 We accept the offer made in the City of Ashland's (City) Offer Letter, dated January 31, 2017, attached hereto and incorporated by reference, to purchase a portion of our property for the above-referenced project. We hereby accept $633.50 for 362 square feet of land in permanent slope easement, $600.60 of land in a temporary construction easements, and $3,000.00 for improvements for total offer of $4,300.00 (rounded). The improvements include the following: • Fence, Hedge and Tree 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. We understand that final closing and disbursement will be performed by the City, or by an Oregon Title Company chosen by the City. i~ ,f ,j DATED this b day of i-~t/Ir1 , 20 ~ 7. SELLER: ~ ~ ffr M. Hamlett and Barbara E. Hamlett 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") T 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 Jeffrey M. Hamlett and Barbara E. Hamlett, as tena is y the entirety ~ B By. y• Title:~'~%~1~1 7 IN(~~ Date: ~ ~ 7 Date: B ~ 7 Y~ Date: After recording, please return to: The City of Ashland 51 Winburn Way Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Jeffrey M. Hamlett and Barbara E. Hamlett, as tenants by the entirety, grants to the City of Ashland (the city), its successors and assigns, Grantee, for the sum of SIX HUNDRED AND ZERO DOLLARS AND 601100 CENTS ($600.60), a temporary construction easement through, under and along the premises described on Exhibit "A" parcel 2 and depicted on Exhibit "B", attached hereto. The City its successors and assigns, shall have the right, within the temporary construction easement, to perform surveys; to build roadways and ditches; to cut and remove trees, brush, rocks and other obstructions; to alter the surface of the ground by cutting or filling; and to perform other activities which may be convenient or necessary to complete construction of the project. The temporary easement shall expire at 11:59 p.m. on ~ 3 2.b2o unless extended by written agreement between the City and the Grantor herein. The City shall restore the premises and any buildings or improvements disturbed by the City to a condition equivalent to or better than that which existed prior to such disturbance, except for structures or other improvements placed within the easement area after this date and except for those improvements compensated under a separate agreement. If such restoration is not practicable, the City shalt then pay reasonable compensation to the owner of the damaged property. Grantor reserves the right to use the premises at any and all times, in any manner and for any purpose not inconsistent with the full use and enjoyment by the City its successors and assigns of the right herein granted. No structure shall be erected upon, above or below the temporary easement prior to the expiration of said easement, without written consent of the City. 18250_004 Jeffrey M. Hamlett and Baraba E Hamlett, as tenants by the entirety Parcel 2 / ~"c_( Dated this ~ ~ day of , 20 f IN WITNESS WHEREOF, the above named Grantor, has caused this instrument to be signed. DATEDthis ~~C' day of ~'l~9'r~'~ , 20 Barbara E. Hamlett OFFICIAL STAMP ALY8SA IYIcCOLLY NOTARY PUBLIC-OREGON COMMI$~ION N(3~ 856311 ~ COMNf$~ION ~ N~ ` 06, 200 STATE OF OREGON } ss County of Jackson ) On this da of , 20 17 , before me personally appeared Jeffrey M. Y Hamlett, an Oregon Limited Liability Company, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that he signed the same as his free and voluntary acts and in the capacity and for the uses d purposes therei mentioned. No ry u !fit Dated this ~ da of , 20~ Y - IN WITNESS, WHEREOF, the above-named Grantor, has caused this instrument to be signed. DATEDthis_ 1~~ of , 20 I ~ OFFICIAL STAMP ALY88A II~CCOU,Y M. Ham tt NOTARY PUBLIC-OREGON COMMISSION N0, 956311 ~Y CO~ISSION EX>'IR~S ~ 06~ ~p 18250_004 Jeffrey M. Hamlett and Baraba E Hamlett, as tenants by the entirety Parcel 2 STATE OF OREGON ) ss County of Jackson ) ~ On this ~ day of , 20 ,before me personally appeared Barbara E. Hamlett, an Oregon Limited Liability Company, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged that she signed the same as her free and voluntary acts and in the capacity and for the uses and urpose herein m Toned. ofary Publ APPROVAL AND ACCEPTANCE BY GRANTEE (ORS 93.808) City of Ashland hereby approves and accepts the foregoing Easement this ~ day of; 2017. Joh arns, Interi City Administrator STATE OF OREGON ) ss. County of Jackson ) Thi instrument was aGknowledg d bef re rr<.e o 2017, y ~ ! for the City b of Ashland. OFFICIAL STAMP DIANA RENEE SHlPLET NOTARY PUBLIC-OREGON COMMISSION N0.932046 Notary Public -State of Oregon MY COMMISSION EXPIRES OCTOBER 0?, ?018 18250_004 Jeffrey M. Hamlett and Baraba E Hamlett, as tenants by the entirety Parcel 2 EXHIBIT A -Page 1 of 1 Eile 18250.004 O1105~2016 Parcel 1--Permanent Easement for Slopes A parcel of land lying in the SW 114 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in #hat Warranty Deed to Jeffery M. Hamlett and Barbara E. Hamlett, husband and wife, as Instrument Number 99-51966 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property included in a strip of land 35.00 feet in width, lying on the Northeasterly side of the Hersey Street "H" center line, which center line is described as follows: Beginning at center 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 corner of Donation Land Claim No. 42, Township 39 South, Range 1 East,11U.M.; thence North 74°22'00" East 257.08 feet; thence on a 17$.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 Sou#h 64°07'53" East 387.75 feet to a 3/4"Iran 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 corner of Donation Land Claim No. 41, Township 39 South, Range 1 East, W.M. Bearings are based on Survey Number 21937 as filed in the office of the Jackson County Surveyor. This parcel of land contains 362 square feet, more or less, outside the existing right of way. Parcel 2 -Temporary Easement for Work Area {3 years or duration of Project, whichever is sooner) A parcel~of land lying in the SW 114 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in that Warranty Deed to Jeffery M. Hamlett and Barbara E. Hamlett, husband and wife, as Instrument Number 99-51966 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property lying between lines at right angles to the Hersey Street `°H" center line at Stations 25+60.00 and 25+84.00, and included in a strip of land 48.00 feet in width, lying on the Northeasterly side of the Hersey Street "H" center line, which center line is described in Parcel 1. EXCEPT therefrom Parcel 1 This parcel of land contains 312 square feet, more or less, outside the existing right of way. REGISTERED PROFESSIONAL LAND SU VE OR OREGON JULY 12, 20x5 I.GGAN MILES 65452 RENEWAL D~, 31, ~ ~ 0 7foS/Za ~ EXHI~~T ~<<FY ORV1L LE 1. WASMUND AND VIRGINIA 8. WAS~IUND lnstr. No. 92-14611 6,721 ft2 Rem. ti ti ~p OX~,, JEFFERY M. HAMLETT AND 0o BARBARA E. HAMLETT Instr. No. 99 51966 po 9,732 ftz ± Rem. ~D A i Q3 ~ ~ ~ 0 ~ ~ ~ C ~ 2g ~ ~ 2 ~ ~0 op ~ ~ A po , w o° ~F~ pp ' ~ M1 CHAEL J. BI RD AND ' ~ ~ DEBORAH H. BIRD lnstr. No.2012-015085 0 ~ ~ 1030 3,945 f t2 ± Rem. p --S ~ o`'' ~ ~ti 6900 0 p 8 ~9 pp ye; c 0 . 6~`~~ S , w Qe~~ v~ oky ~ S ,0 5~de o0 ~ ~ , ~ERS~~, 0 ~ , ~ 0 ~ c wS~RFFT po ~ N fTy o ~ i b ~F ~~D! ' ' ,95, REGISTERED ~ PROFESSIONAL = ~~w LAND SURVE n~ ~v xV OREGON / JULY 12, 2005 SCALE 1" = 30' / LOGAN MILES ~ 65452 ~ RENEWAL: DEC. 31, 2015 30 15 0 30 ~,~~Fd'. o7/b$/zol~ FEET JACKSON COUNTY LEGEND Raad MERSEY STREET ~ Perm. Ease. - Slopes 362 ft2t DRG. N0, Isz~o_oo4 KEY N0. 18250 ~2 Temp. Ease. - Work Area 312 f tZf PrOjeCt HERSEY STREET SIDEWALK: N MAIN TO OAK STREET COUNTY JACKSON COUNTY ~ ~~~~~a~~~E ~ ~ ~1~~s.1-~,~ tA~dGt 1(NG J!0 /11117~M Naatau owE SG mrc~ mD Su[I o+Etar 91lOC to~s~-+roo EAG!lEEAS nl o~ nwnuv KOFD+0. oiEOJ~ StJa•cns, snatFJ~c SCALE : ~„-30~ DATE : Ju~Y o~, 2oa6 • ~~K'~'~~~tf~M tkF09~,OCf~' 11015.SGJi10ifDJ 111IWMJtlI~ELJUftEbl YAICO.YFRMdSW~R01766~iJf0.7J*YSfI