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Home My WebLink About2018-087 Public Utility Easement and Agmt-Holzshu Return Document to: Melissa Huhtala, City Recorder, 20 East Main Street Ashland, Oregon 97520 PUBLIC UTILITY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record., Chris S. Holzsgi{u and Molly Kingsley-Holzs44u, husband and wife as tenants by the entirety, (the"Grantor"), owner of property legally described in Instrument No. 2012-026005 (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(5.0)feet on either side of a line legally described as follows: See Exhibit "A", (the "Easement Area") and Exhibit "B" (the"Easement Map") This description is intended to describe the location of the utility as originally laid and is not to be strictly construed where reasonable variation from the actual description exists. Exhibit A is attached hereto solely for Grantee's internal identification purposes only, and not for use in describing the easement. 3. True and Actual Consideration: $1.00, 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, 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. 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. Public Utility Easement And Agreement Page 1 of 2 • 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; 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. 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 thereof. 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. Nt IN ITNESS WHEREOF, the parties hereto have subscribed this instrument this a day of , 2e1" . aotg, GRANTORS: GRANTEE: Chris S. Holzsch - •IIy Kingsley-Holzschu CITY ACCEPTANCE (ORS 93.808); CITY OF ASHLAND, GRANTEE By: • Chris S. Holzs'r F - By "./..(....—� Jo arns, Cit Administrator By: • �_-u w ��'7r� Mo% ingsley- Holzs, , STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this lb day of 4eCCw. ,CV , 2017, Chris S. Holzschu and Molly Kingsley-Holzschu, husband and wife as tenants by the entirety, and acknowledged the foregoing instrument to be their voluntary act and deed. ,r!:. . OFFICIAL STAMP datAxA(k_. y LAURA ANN RUTLEDGE Public for Ore on NOTARY PUBLIC-OREGON g `‘,,� COMMISSION NO. 954473 My Commission Expires: 1`(3 �2_O MY COMMISSION EAMES SEPTEL ER 13,2020 STATE OF OREGON ) )ss. County of Jackson ) Personally appeared before me this a day of hinA___ 4John Karns, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoi instrument to be his voluntary act and deed. .sr OFFICIAL STAMP ---.)vi DIANA RENEE SHIPLET v.ji NOTARY PUBLIC-OREGON / �� 11 COMMISSION NO. 932046 �.•% � _ �� MY COMMISSION EXPIRES OCTOBER 02,2018 No ary Public for Oregon , My Commission Expires: DrtUbe /O`� )o2U(0 Public Utility Easement And Agreement Page 2 of 2 ' Q L A K I e LANG' SURVEYING , LLC EXHIBIT "A" LEGAL DESCRIPTION—PUBLIC UTILITY EASEMENT 2022 CRESTVIEW DRIVE,ASHLAND, OREGON ASSESSOR'S MAP NO. 39 1E 14 CC, Tax Lot 1300 A 10.00 foot wide strip of land to be dedicated to the City of Ashland for a Public Utility Easement, over and across that tract of land described within Instrument No. 2012-26005 of the Official Records of Jackson County, Oregon, lying situate within the Southwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian, the centerline being more particularly described and bounded as follows, to wit: Commencing at an iron pin set at the Northwest corner of that tract of land described within Instrument No. 2012-26005 of the Official Records in Jackson County, Oregon; thence North 89°42'02" East, along the north line of said tract, a distance of 11.26 feet to the POINT OF BEGINNING of a ten (10.00) foot wide strip of land being five (5.00) feet each side of, parallel with and adjacent to the following described centerline:; thence South 33°52'10" East, 38.16 feet; thence 33.00 feet along the arc of a 25.00 foot radius curve to the left, having a delta angle of 75°37'50" (Chord bearing South 71°41'05" East, 30.66 feet); thence North 70°30'00" East, 36.00 feet; thence South 85°30'00" East, 25.00 feet; thence South 78°00'00" East, 8.00 feet; thence South 39°45'41" East, 15.00 feet; thence 36.09 feet along the arc of a 50.00 foot radius curve to the right, having a delta angle of 41°21'21" (chord bears South 19°05'01" East, 35.31 feet); thence 27.00 feet along the arc of a 70.00 foot radius curve to the left, having a delta angle of 22°05'59" (Chord bearing South 09°27'30" East, 26.83 feet); thence South 20°30'20" East, 212.00 feet; thence 94.09 feet along the arc of a 220.00 foot radius curve to the right, having a delta angle of 24°30'20" (Chord bearing South 08°15'10" East, 93.38 feet); thence South 04°00'00" West, 70.00 feet; thence South 04°10'00" East, 85.00 feet; thence South 82°30'00"West, 30.00 feet to the Point of Terminus,with the sidelines of said strip being lengthened or shortened to terminate at the northerly line of said described tract. REGISTERED Prepared by: PROFESSIONAL LAND SURVEYOR Shawn Kampmann Professional Land Surveyor S 4w.—Jam+-..- — OREGON Polaris Land Surveying LLC JULY 14, 1998 P.O. Box 459 SHAWN KAMPMANN 02883LS Ashland, Oregon 97520 Renewal Date:6/30/19 Date: October 11, 2017 S:\surveys\716-12\Holzchu PUE Dedication Legal.docx P. 0. Box 459, Ashland, Oregon 97520 . Phone: (541) 482-5009 Fax: (541) 488 -0797 Mobile: (541) 601-3000 www.polarissurvey. com \\\ EXHIBIT "B" \M PUBLIC UTILITY EASEMENT SURVEY N \ LOCATED AT \ 2020 Crestview Drive \ ,a Ashland Oregon \4\ N LYING SITUATE WITHIN .l\ SOUTHWEST QUARTER OF SECTION 14, 5sc\ \ TOWNSHIP 39 SOUTH,RANGE 1 EAST, WILLAMETTE MERIDIAN \ CITY OF ASHLAND,JACKSON COUNTY, OREGON b FOR i I Chris Holzshu n C\ 2020 Crestview Drive \ Ashland, Oregon 97520 \� 1 1.26" /\ \ N 89'42'02" E - 307.57' S 85'30'00" E S 78'.0 ' E ®� 38.16' " E 25.00' �� 7 8.00' S 33'52'10" E °`�,�'—'�� 39'45'41" E 15.00' MONUMENT BEARS R = 50.00' S 00'03'06"W-1.94' 36.00' ¢`�L = 36.09' FROM CORNER R = 25.00' 1 L = 33.00' N 70'30'00" E :11/4.,--___R = 70.00' \ L = 2700' \t. N i\O CC, _ . \m CENTERLINE OF \ , 10.00' WIDE PUBLIC \ co UTILITY EASEMENT \ of °p 444 O N) W 3 O.R. 2012-26005 0 5.01 ACRES 212 c°o 0 p co- o ■ 0 0 0 o �o 0 SCALE: 1" = 100' 2 o 00 i°• {ul 0 roi4t "' o NEW I p TRANSFORMER $ t .moo 30.00' s S2'30'00 W N 89'46'09" E SECTION CORNER 38.89' ■ IN CANAL ROAD GXa —N 89'58'18" E — 268.68'--iU REGISTERED SURVEYED BY: PROFESSIONAL POLARIS LAND SURVEYING LLC LAND SURVEYOR P.O. BOX 459 ASHLAND, OREGON 97520 'S�"` (541) 482-5009 OREGON L • 3 S SHAWN KAMPMANN a" / DATE: OCTOBER 11, 2017 PROJECT NO. 716-12 RENEWAL DATE: 6/30/2019 Assessor's Map No. 39 1E 14 CC, Tax Lot 1300 �� POLARIS LAND SURVEYING J