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HomeMy WebLinkAbout2019-128 Easement Bonnie J. Moody Jackson County Official Records 2019-012877 R-E 05/15/2019 08:12:03 AM ant=1 SIMPSOHP • 53000$10.00$500$8.00$11.00 Total:$128.00 $60 00$4.00 Milt 11111111 111 i 1111 I 018544462 61900128770060061 I,Christine Walker,County Clerk for Jackson County,Oregon,certify that the instrument identified herein was recorded in the Clerk After Recording records. Christine Walker-County Clerk Return Document to: Melissa Huhtala, City Recorder, 20 East Main, Ashland, OR 97520 PERMANENT EASEMENT 1. Grant. Subject to all prior easements or encumbrances of record., Bonnie J. Moody, Trustee of The Bonnie J. Moody Family Trust dated October 12, 2007, (the "Grantor"), owner of property legally described as that property described in that Statutory Warranty Deed The Bonnie J. Moody Family Trust recorded October 12, 2007 as Document No. 2008-030555 of the Official Records of Jackson County, Oregon, (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 sidewalk, and all appurtenances thereto. 2. Description. The location of the easement is as follows (and is shown on Exhibits A& B attached hereto and incorporated herein): A strip of land variable in width, lying on the Southerly side of the Hersey Street"H" center line, which center line is described as follows: Beginning at Engineer's center line Station 34+55.21, said station being North 53°39'44"West 149.69 feet from the Southwest corner of Donation Land Claim No. 41, Township 39 South, Range 1 East, W.M.; thence on a 1,145.92 foot radius curve left (the long chord of which bears South 77°10'55" East 523.23 feet) a distance of 527.88 feet; thence North 89°37'16" East 1,045.36 feet; thence North 89°36'11" East 1,335.60 feet to Engineer's center line Station 63+64.05, said station being South 59°18'17" East 57.84 feet from the Southeast corner of Donation Land Claim No. 41 , Township 39 South, Range 1 East, W.M. (the "Easement Area") The width in feet of said strip of land is as follows: Station to Station Width on Northerly Side of Center Line 62+75.28 62+90.00 29.88 in a straight line to 41.73 Permanent Easement and Agreement Page 1 of 3 3. True and Actual Consideration: $500.00, the receipt and sufficiency of which the Grantor hereby acknowledges. 4. Purpose. This easement is for purposes of the construction, reconstruction, operation, maintenance, repair, replacement, enlargement and removal of any sidewalk, and all appurtenances thereto. A further purpose of this easement is, without additional future compensation, 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 aforementioned sidewalk. 5. Terms and Conditions. 5.1 Grantor shall have the right to use the Easement Area in any manner that does not interfere with Grantee's 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. If practicable, replace or restore to approximately their former condition all improvements, trees, ornamental shrubs and crops, as soon as possible after damage or destruction, or if repair or replacement is not practicable, then pay to Grantor the reasonable value thereof. D. Pay Grantor for any and all non-temporary damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the sidewalk within the Easement Area; 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. Permanent Easement and Agreement Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this ° day of Y`nckecti. , 202. . GRANTOR Bonnie J. Moody, Trustee of The Bonnie J. Moody Family Trust dated October 12, 2007. f621/44a€ Bonnie J. Moody rustee STATE OF OREGON, County of \) ckck-so(1. Dated rn car c.-‘*\ ,20 19 . Personally appeared, and signed before me by, the above named Bonnie J. Moody, Trustee of The Bonnie J. Moody Family Trust dated October 12, 2007., who acknowledged the foregoing instrument to be his/her voluntary act on behalf of the Trust. Before me: OFFICIAL STAMP C�G!/iC/"' �Z � � ' CAROL ANN HALER •1�*3rd,. NOTARY PUBLIC OREGON Notary Public for Oregon COMMISSION NO.970598 MY COMMISSION EXPIRES JANUARY 31,2022 / 31 /22—My commission expires: GRANTEE: CITY ACCEPTANCE (ORS 93.808); CITY OF ASHLAND, OREGON By Kel Madding, City Administrator STATE OF OREGON ) ) ss. County of Jackson Personally appeared before me this 2 day of Mai , 2019 , Kelly Madding, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL STAMP ELIZABETH LYNN TAYLOR .. , ): NOTARY PUBLIC-OREGON Notary ublic for Orego COMMISSION NO. 980629 MY COMMISSION EXPIRES OCTOBER 29,2022 My Commission Expires: I012912022 Permanent Easement and Agreement Page 3 of 3 EXHIBIT A-Page 1 of 1 File 009 James Colton—OBEC 09/21/2018 Permanent Easement for Sidewalks A parcel of land lying in Lot 6 of Block 5 of PATTERSON-PHELPS TRACTS, in the City of Ashland, Jackson County, Oregon, said parcel being a portion of that property described in that Trust Transfer Deed to The Bonnie J. Moody Family Trust dated October 12, 2007, recorded August 11, 2008 as Document No. 2008-030555 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 Northerly side of the Hersey Street center line, which center line is described as follows: Beginning at Engineer's center line Station 34+55.21, said station being North 53°39'44" West 149.69 feet from the Southwest corner of Donation Land Claim No.41,Township 39 South, Range 1 East, W.M.; thence on a 1,145.92 foot radius curve left(the long chord of which bears South 77°10'55" East 523.23 feet)a distance of 527.88 feet;thence North 89°37'16" East 1,045.36 feet;thence North 89°36'11" East 1,335.60 feet to Engineer's center line Station 63+64.05, said station being South 59°18'17" East 57.84 feet from the Southeast corner 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 Northerly Side of Center Line 62+75.28 62+90.00 29.88 in a straight line to 41.73 EXCEPT therefrom that portion of said property lying within the existing right of way of Hersey Street. ALSO EXCEPT therefrom that portion of said property lying within the existing right of way of Mountain Avenue. Bearings are based on the Oregon Coordinate Reference System, Grants Pass-Ashland Zone, NAD 83(2011)epoch 2010.00. This parcel of land contains 34 square feet, more or less, outside the existing right of way. REGISTERED PROFESSIONAL LAND SURV YOR ,o OREGON J.1\ P_'.1995 JAMES W. COLTON •5815[ RENEWS: DEC. 31, 2019 SIGNED: 314/11 L°lQ EXHIBIT "B" 8 I PATVEGIO0H- 7 PGIELPO ' aaCTO M BLOCK 5 `r `r THE BONNIE J.MOODY ci ci m z FAMILY TRUST co Dated October 12,2007 ) .J tL - ii 01 Doc.No.2008-030555 N, u4 0 0 N)� m (30') (30') o im A 34 ft2± Perm.Ease.- Sidewalks o p + y D.L.C. NO. 41 6 co , 4, D.L.C. NO. 42 — 009 w \ D ,\ 2 •\ HERSEY STREET m \, N89°36'11"E - 1,335.60' •\� < \ m O� •,\ a-,° v 2, `\QNts ,\ lJ� 008 9G ' \, k C4 F2 OG \, �.yo MOUNTAIN CREEK ESTATES INC. GF`�' \. Doc.No.98-033119 -9, \,\ 46 45 ,\ `,yo 47 PACAIMVAOH CHEEK EOTAITE@ MA ME 2 48 4, \ REGISTERED N / \ PROFESSIONAL LAND SUFI R d V JAN.OREGON LEGEND: 12,139$ SCALE 1" = 30' JAMES W. COLTON '58756 Permanent Easement- Sidewalks RENEWS: DEC, 31, 019 30 15 0 30 34 sq.ft.+/- FEET SIGNED: _ 2 �L— CITY OF ASHLAND, OREGON Road Hersey Street CONSULTING Project Hersey Street Sidewalk: Oak Street to Mountain Ave. OBEC ENGINEERS County Jackson Scale 1" = 30' www.oLec.com File 009 Date September,2018 SKETCH MAP 1 Form Vg° Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service • Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.. 2 Business name/disregarded entity name,if differrom above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to CD following seven boxes. certain entities,not individuals;see co instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate rn single-member LLC • c Exemptpayee code(if any) • o '� ❑ Limited liability company. Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)• p 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting • in LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that o is disregarded from the owner should check the appropriate box for the tax classification of its owner. N ❑ Other(ee instructions)► (Applies to accounts maintained outside the U.S.) w 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) af cO 6 City,state,and ZIP code 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to Number To Give the Requester for guidelines on whose number to enter. Part II Certification Under penalties of perjury, I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S.citizen or other U.S. person(defined below); and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subjectto backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment ofsecured property,cancellation ofdebt,contributionsto an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person (��7GS(�/ Date■ General Instructions / - Form 1099-DIV(dividends, including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC(various types of income,prizes,awards, or gross noted. proceeds) Future developments. For the latest information about developments - Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. • Form 1099-S(proceeds from real estate transactions) Purpose of Form - Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an - Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number - Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption • Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN), or employer identification number Use Form W-9 only if you are a U.S. person(including a resident EIN to report on an information return the amount paid to you,or other ( ) P P Y amount reportable on an information return. Examples of information alien),to provide your correct TIN. returns include, but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might - Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017)