HomeMy WebLinkAbout2017-086 Easement Packet - First American - 125 W Hersey
r. K r ~ FirstAmerican Title Company of Oregon
~ ~ ~ ' i 370 Lithia Way
~
Ashland, OR 97520
Phn- (541)488-6840
Fax- (866)391-8367
City of Ashland April 18, 2017
51 Winburn Way File No.. 7162-2749489A (JS)
Ashland, OR 97520
Re: Property: Portion of 125 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 replaced.)
• 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 O~cial Records 2p17-p12958
R-E 041181201711:00:59 AM
Stn=O SHINGLJS
~f $5.00 $4.00 $11,00 $25.00 $8.00 $10.00 $83.00
0 $20,00
' 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 Ullinburn Way
Ashland, OR 97520
Until a change is requested all tax
statements shall be sent to:
No Change
is is a artial transfer for road purposes.
Th p
SLOPE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
undersigned Grantor, Orville L. Wasmund (deceased) and Virginia B, Wasmund, as #enants by the
~ entirety, grants to the City of Ashland (the city}, its successors and assigns, Grantee, for the use of
the public #orever, 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 $437.50.
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
. td
title or any interest ~n the underlying property except as expressly stated herein. The easement gran e
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
la#era! 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.
~I~~ 18250 003 Orville L. Wasmund
(deceased) and Virginia B.
Wasmund, as tenants by the
entirety, Parcel 1
I ~ ~
After recording, please return to:
The City of Ashland ~ _
51 Winburn Way , ..-_..y
~ ~
Ashland, OR 97520
i
Until a change is requested all tax
. ,
m. _
statements shall be sent to:
No Change
This is a partial transfer for road purposes.
SLOPE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
undersigned Grantor, Orville L. Wasmund (deceased) and Virginia B. Wasmund, 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 $437.50.
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 003 Orville L. Wasmund
(deceased) and Virginia B.
Wasmund, as tenants by the
entirety, Parcel 1
IN WITNESS WHEREOF,the above named Grantor, has caused this instrument to be signed.
J
DATED this r day of , 20~,~
Virginia .Wasmund
STATE OF OREGON )
ss
County of Jackson )
On this Zwa day of h , 20~, before me personally appeared, Virginia B.
Wasmund, 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 es and ur oses therein mentioned.
OFFICIAL STAMP
CONNIE RUTH ACOSTA
NOTARY PU@lIC • OREGON
COMMISSION N0.912551 ~'`'v
MI t4MMISSIOM ExP18ES MOYEMBER 1S 101 Notary Public
Approval and Acceptance by Grantee
(ORS 93.808)
City of Ashland hereb~ approves n accepts the foregoing
Easement this ~ day of , 2017.
John a ns, Interim ity Administrator
STATE OF OREGON )
ss.
County of Jackson )
This instrument was acknowled ed before me o ~ , 2017,
g
by I~arriS ~ Pa' / 15 for the
City of Ashland.
OFFICIAL STAMP
DIANA RENEE SNIPLET
' NOTARY PUBLIC-0REGON
COMMISSION NO. 932046 Notary Public -State of Oregon
MY COMMISSIr~+I EXPIRES OCTQBER 02, 2018
18250 003 Orville L. Wasmund
(deceased) and Virginia B.
Wasmund, as tenants by the
entirety, Parcel 1
EXHIBIT A -Page 1 of 2 File 18250-003
02/13/2017
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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 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, 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 Helman & Hersey Streets; thence South 64°07'53" East 387.75 feet to a
3/4"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 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 250 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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of Jackson County,
Oregon, the said parcel being that portion of said property lying Northwesterly of a line at
right angles to the Hersey Street "H" center line at Station "H" 24+79.00, and included in a
strip of land 54.00 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 88 square feet, more or less, outside the existing right of way.
EXHIBIT A -Page 2 of 2 File 18250.003
0211312017
Parcel 3 -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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of Jackson County,
Oregon, the said parcel being that portion of said property lying Southeasterly of a line at
right angles to the Hersey Street "H" center line at Station "H" 25+04.00, and included in a
strip of land 50.00 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 305 square feet, more or less, outside the existing right of
way.
~crs~m
PROFESSIONAL
LAND SURVEYOR
OREGON
,~Y zms
PHILIP J. DROSSOS
90118
RENEWS: DEC. 31, 2017
SIGNED: _ t??~ ~~1?_°~~__
t
EXHIBIT "B"
~<<FY
ORV1ttE L.WaSMUND aND
v1RG1Nla ~wAS~ruND
lnsfr.No.92-14~T1
6,721 ft2 ± Rem.
r
~
~x ti~~,
DO ~Oxti~~ JEFFERY M. HAMLETT AND
0~ BARBARA E. HAMLETT
,,q Instr. No. 99-51966
O 0 9,732 ft2 f Rem.
0 A
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w~ ~ ~ Q3 0°'x ti' ~ 199
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0 .0~ ~ ~SI ~ .~4~ q C
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00 ~ ~ MICHAEL J. BIRD ANo
.0~ . ~ DEBORAH H. BI RD
Instr. No.2012-015085
~0 1p~p 3,945 ff2 ± Rem.
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REGISTERED qNp i
PROFESSIONAL ~ ~w?
LANG SURVEYOR ~ ,Y~w~~
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OREGON i Vb
JULY i2, 2016 SCALE 1" = 30' / ~
PHILIP J. DROSSOS
90718 ~ '
RENEWAL; DEC, 31, 2017 30 15 0 30
Slytic~: 02~1~ 17.0-3- FEET
JACKSON COUNTY LEGEND
Road MERSEY STREET QQ Perm. Ease. - Slopes 250 ft2±
DRG. N0. 18250.003 KEY N0. 18250 Q Temp. Ease, -Work Area 88 ft2#
0 Temp. Ease. - Work Areo 305 ft2~
Pro jeCt MERSEY STREEt SIDEWALK: N MA1N t0 OAK STREET
td6cttl~' aonur,~►,~ ow[ scs~rc ~ ~orw
COUNTY JACKSON COUNTY '~~~~x~~~~`~
ENGIKtRf aionurnaowrm~oaaeooru~a~,sn•na~o
SCALE ; I"'30' DATE : FEBRUARY 13, 2011 ~ ~.~c'~~ o
• •
E is Land S olutlons Inc.
p
10300 SW Greenburg Rd, Suite 370
Portland, OR 97223
Phone: 503-213-3977 File No.: 18250 003
Fax: 503-244-0627
Grantor: Orville L. Wasmund and Virginia B. Wasmund,
as tenants by the entirety
Project: Hersey Street Sidewalk: N Main or Oak Street
County: Jackson
Orville L. Wasmund and Virginia B. Wasmund,
as tenants by the entirety
125 W. Hersey St.
Ashland, OR 97520
We accept the offer made in the City of Central Point'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 $437.50 for 250 square feet of land in
permanent slope easement, $756.53 of land in (2) temporary construction easements, and
$604.00 for improvements for total offer of $1,850.00 (rounded). The improvements include the
following:
• Retaining wall and Lawn
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 disbursementwill be performed by the City, or
by an Oregon Title Company chosen by the City.
DATED this ~ day of ,~~~;~~-~~~~~w , 20~
SELLER:
Orville Wasmund and Virginia B. Wasmund
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")
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 Orville L. Wasmund and Virginia B. Wasmund,
as tenants by the entirety
~~s
y•
Title: i vw ~ ~r~-ate:
Date: ~ _C B
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, Orville L. Wasmund (deceased) and Virginia B. Wasmund, as tenants by the entirety, grants
to the City of Ashland (the city), its successors and assigns, Grantee, for the sum of ONE HUNDRED
AND SIXTY-NINE AND 401100 CENTS ($169.40), 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 . ~ ~ ~ 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 shall 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_003 Orville L. Wasmund (deceased)
and Virginia B. Wasmund, as tenants by
the entirety
Parcel 2
( ~
Dated this ~ day of , 20~
IN WITNESS WHEREOF, the above named Grantor, has caused this instrument to be signed.
DATED this day of ~ , 20~
/F ~
Virginia B asmund
STATE OF OREGON )
~ ss
County of Jackson )
On this end day of 1"1o~C~ , 201, before me personally appeared Orville L.
Wasmund (deceased) and Virginia B. Wasmund, as tenants by the entirety, 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.
OFFICIAL STAMP '
CONNIE RUTH ACOSTA
NOTARY PUBLIC • OREGON Notary Public
COMMISSION N0.922552
MY tOMMISSiON EXPIRES NOVEMBER IS, 2011
APPR
(ORS 93.808)
City of Ashland h e y~pproves and accepts the foregoing
Easement this ~°c day of ~~;~1, 2017.
C
Joh arns, Interi City Administrator
STATE OF OREGON )
ss.
County of Jackson )
T is instrument was ackn wledged b fore on ~i ~ 2017,
by hj'~. ~ , for the City
of Ashland.
OFFICIAL STAMP \
.o
DIANA RENEE SHIPLEY
N0 ARY PUBLIC-OREGON Notary Public -State of Oregon
CO~NtISSION N0, 93204
6
DIY COMMISSION EX~RES OCTOBER 02, 2018
18250_003 Orville L. Wasmund (deceased)
and Virginia B. Wasmund, as tenants by
the entirety
Parcel 2
EXHIBIT A -Page 1 of 2 File 18250-003
02/1312017
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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 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, 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 Helman & 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 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 250 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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of Jackson County,
Oregon, the said parcel being that portion of said property lying Northwesterly of a line at
right angles to the Hersey Street "H" center line at Station "H" 24+79.00, and included in a
strip of land 54.00 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 88 square feet, more or less, outside the existing right of way.
EXHIBIT A -Page 2 of 2 File 18250-003
oti~ 3izo~ z
Parcel 3 -Temporary Easement for Work Area (3 years or duration of Project,
whichever is sooner)
A parcel of (and lying in the SW 114 of Section 4, Township 39 South, Range 1 East, W.M.,
,lackson County, Oregon, said parcel being a portion of that property described in that
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of ,Jackson County,
Oregon, the said parcel being that portion of said property lying Southeasterly of a line at
right angles to the Hersey Street "H" center line at Sta#ion "H" 25+04,00, and included in a
strip of land 50.00 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 305 square feet, more or less, outside the existing right of
way.
i~cisr~m
PR4EESSIQNAL
LAND SURVEYOR
OREGQN
JULY 12, 2015
PHILIP J. DROSSOS
90118
RENEWS: DEC. 31, 2017
SIGNED: _ v?~ ~~~2° t
EXHIBIT "B"
A<<FY
Of~VILlE' LWASMUND AND
VIRGlNlA B.WASMUND
lnstr No.92-146Y1
6,721 ft2 }Rem,
~
QOXti~~ JEFFERY ~l.HAMLETT AND
BARBARA E. HAML ETT
,,q Instr. No. 99-51966
°0 9,732 ft2 ± Rem.
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~ ° ' * MICHAEL ,1. BI RD AND
°
` • ~ DEBORAH H. BIRD
p Instr. No.2012-015085
a X030 3,945 ft2 ~ Rem.
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REGISTERED ~y0 a~
PROFESSIONAL
LAND SURVEYOR
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OREGON tiV
JULY 12. 2016 -
PHILIP J. DROSSOS SCALE 1" = 30' /
90718 ~ '
RENEWAL: DEC. 31, 2017 30 15 0 30
Sly~u~~: oz-1i~ f Zoi~- FEET
JACKSON COUNTY LEGEND
ROQd HERSEY STREET o1 Perm. Ease. - Slopes 250 ft2~
DRG. N0. 18250.003 KEY N0. 18250 ~ Temp. Eose. - Work Area 88 ft2±
0 Temp, Ease. - Work Area 305 ft2~
Project MERSEY STREET SIDEWAZK: N MAlN TO OQK STREET
a,.ri oar ~ arnx a►a +n~tc rule xae [uarx. agar u+o~-per k~~su-mr
COUNTY JAC1lSON COUNTY ~ r~~' ssor~u~ nca~ux a~ scsor~ as suao~ x~e~e-r
~~~~a ~ ,~~,~.n~~
SCALE : 1 "-3~' DATE : FEBRUARY 13, 20! 7 »rr +~~ur srxtrsa~r,~~ ruarxot runnaor ~naa-~H-txt
i
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, Orville L. Wasmund (deceased) and Virginia B. UVasmund, as tenants by the entirety, grants
to the City of Ashland (the city), its successors and assigns, Grantee, for the sum of FIVE HUNDRED
EIGHTY-SEVEN AND 131100 CENTS ($587.13), a temporary construction easement through, under
and along the premises described on Exhibit "A" parcel 3 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 ~ , ~ 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 shall 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_003 Orville L. Wasmund (deceased)
and Virginia B. Wasmund, as tenants by
the entirety
Parcel 3
I
Dated this day of ,~~t' e'~--~~1--~ , 20 ~ ~
IN WITNESS WHEREOF, the above named Grantor, has caused this instrument to be signed.
DATED this f~- day of ~ ~ , 20~~
,,,,r' ~ ' c
Virginia B. asmund
STATE OF OREGON )
ss
County of Jackson )
On this Ztia day of I"~~~h , 20 l'1 ,before me personally appeared Orville L.
Wasmund (deceased) and Virginia B. Wasmund, as tenants by the entirety, to me known to be the
individual described in and who executed the forgoing instrument, and acknowledged that she
si ry acts and in the capacity and for the uses and purposes
OFFICIAL STAMP
th ~ ntion~~NNIE RUTH ACOSTA
NOTARY PUBLIC • OREGON J
COMMISSION N0.922552 ~-c~d~
Mr coMr,ISSlorr EXPIRES NOVEMBER 15,1011 Notary Public
APPROVAL AND ACCEPTANCE BY GRANTEE
(ORS 93.808)
City of Ashland hereby~approves a d ccepts the foregoing
Easement this ~ day of , 2017.
John Kan ,Interim C' Administrator
STATE OF OREGON )
ss.
County of Jackson )
Thi instrument was acknowJed ed ore eon ~ 2017,
g '
by k~u1't,S t L / / r for the Clty
of Ashland.
OFFICIAL STAMP
DIANA RENEE SHIPLEY
NOTARY PUBLIC-OREGON Notary Public -State of Oregon
COMMISSION N0.932046
MY COMMISSION EXPIRES OCt08ER 02, 7018 18250_003 Orville L. Wasmund (deceased)
and Virginia B. Wasmund, as tenants by
the entirety
Parcel 3
EXHIBIT A -Page 1 of 2 File 18250-003
02113!2017
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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 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, 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 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 250 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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of Jackson County,
Oregon, the said parcel being that portion of said property lying Northwesterly of a line at
right angles to the Hersey Street "H" center line at Station "H" 24+79.00, and included in a
strip of land 54.00 feet in width, lying on the Northeasterly side of the Hersey Street "H"
center fine, which center line is described in Parcel 1.
EXCEPT therefrom Parcel 1
This parcel of land contains 88 square feet, more or less, outside the existing right of way.
EXHIBIT A -Page 2 of 2 File 18250.003
0211312017
Parcel 3 -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
Bargain and Sale Deed to Orville L. Wasmund and Virginia B. Wasmund, as tenants by the
entirety, as Instrument Number 92-14671 of the Official Records of Jackson County,
Oregon, the said parcel being that portion of said property lying Southeasterly of a line at
right angles to the Hersey Street "H" center line at Station "H" 25+04.00, and included in a
strip of land 50.00 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 305 square feet, more or less, outside the existing right of
way.
>~ct$rERm
PROFESSIQNAL
LAND SURVEYOR
y_
OREGON
JULY 12, 2016
PHILIP J. DROSSOS
9018
RENEWS: DEC. 3(, 2017
SIGNED:. ~~,.,12°! ~
EXHIBIT "B"
A<<FY
ORVILLE L,WAS~IUND AND
VIRGINIA B.WASd~UND
Instr.No.92-19611
6,721 ft2 Rem.
~
~Ox~,~' JEFFERY M. HAMLETT AND
°x~ BARBARA E. HAMLETT
Insfr. No. 99-51966
O o 9,732 ft2 ± Rem.
I p ~ A~'Q
9
.~C"~ •0~ ti J99T
0 ~
r
0° ~ ~
~ ~ ;
° ~ ~ ~ ry
~ AI I
~ ° ~ MICHAEL J. 81 RD AND
~ y:, DEBORAH H. BIRD
Insfr. No.2012-015085
1030 3,945 ft2 ~ Rem.
~ '
ti
S 690 QO ~~J,r. ~ti
~ °
F 6~~ ~ ~ e`~ EoKS
. SS, 0 4Slbe~
8 ` RSFY s °p 1
N ow rRFFr i
r .
C'rjr i ~ a° ~
' ~O~l
2 ; ~ O,c ,
~ /
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~ gSyC ~ i
REGISTERED 'gyp i n,
PROFESSIONAL a - w ~
LAND SURVEYOR
~ ' ~ ~
y
I ~o~w,,q
OREGON Y' tiv
JULY i2, 2016 '
PHILIP J. DROSSOS SCALE i" = 30' /
90718 /
RENEWAL; DEC. 31, 2017 30 15 0 30
51y+u~.~ : ozl,~ ~ Zo ~-1- FEE T
JACKSON COUNTY LEGEND
ROQd HERSEY STREET Q Perm. Ease. Slopes 250 ft2~
DRG. N0. 18250.003 KEY N0. 18250 zQ Temp. Ease, - Work Area Bs ft2±
~3 Temp. Ease. - Work Area 305 f t2~
Pro jeCt HERSEY STREET SIDEIVALK: N MAIN TO OAK STREET
COUNTY JACKSON COUNTY °"'~i°'4i~0p~"a~ero+a~rE~e [tt~c~ u+oi-s~s~i~o
CtN6t[ TlAG s~o ruw~r pa~n+rx ant g ~rrt as suu atmr x~atz~po
ENG7,~Si ui oaw~ ruiara ~traaa amnr maaoot sn-n~o
SCALE : ~"=30' DATE : FEBRUARY 13, 2017