HomeMy WebLinkAbout2019-129 Easement Michael G. Crowley Jackson County Official Records 2019-012876
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Christine Walker,County Clerk for Jackson County,Oregon.certify
that the instrument identified herein was recorded in the Clerk
records. Christine Walker-County Clerk
After Recording
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., Michael G. Crowley, (the
"Grantor"), owner of property legally described as that property described in that Statutory Warranty Deed
to Michael G. Crowley recorded May 14, 2018 as Document No. 2018-014745 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
58+75.00 59+00.00 39.35 in a straight line to 26.24
Permanent Easement and Agreement
Page 1 of 3
e
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
Page2of3
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this-2-c-7 day of
20
GRANTOR
By:
Michael G. Crowley .
STATE OF OREGON, County of .gC C.5 Or1 )
Dated 4s'L ,20 /17 . Personally appeared, and signed before me by, the above
named Michael G. Crowley, who acknowledged the foregoing instrument to be his/her voluntary
act. Before me:
fT"' OFFICIAL STAMP / ' i AZ A 7t t
''. `, CAROL ANN HAGER '
NOTARY PUBLIC-OREGON
::1" COMMISSION NO.970598 Notary Public for O reT n
MY COMMISSION EXPIRES JANUARY 31,2022 J
My commission expires: //3 ZZ
ST/ - •F OREGON )
) ss.
County of Jackson )
Personally appeared before me . day of , 20 , Kelly Madding, City
Administrator for the City of Ashland, Ore.:. and acknowledged the foregoing instrument to be her
voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
Permanent Easement and Agreement
Page 3 of 3
GRANTEE:
CITY ACCEPTANCE (ORS 93.808);
CITY OF ASHLAND, OREGON
By
Kel y Madding, Ci Administrator
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this 2 day of , 20 19 , Kelly Madding, City Administrator for
the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her voluntary act and deed.
,fir OFFICIAL STAMP
�,�A, ELIZABETH LYNN TAYLOR
NOTARY PUBLIC-OREGON Notary ublic for Oregon
�� COMMISSION NO. 980629 My Commission Expires: to/ZQ/2O22
MY COMMISSION EXPIRES OCTOBER 29,2022
Permanent Easement and Agreement
EXHIBIT A-Page 1 of 1 File 007
James Colton-OBEC 09/21/2018
Permanent Easement for Sidewalks
A parcel of land lying in Parcel 2 of PARTITION PLAT No. P-06-2018, in the City of
Ashland,Jackson County,Oregon,said parcel being a portion of that property described in
that Statutory Bargain and Sale Deed to Michael G. Crowley, recorded May 14,2018 as
Document No.2018-014745
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
58+75.00 59+00.00 39.35 in a straight line to 26.24
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 Lynn Street.
Bearings are based on the Oregon Coordinate Reference System,Grants Pass-Ashland
Zone, NAD 83(2011)epoch 2010.00.
This parcel of land contains 19 square feet, more or less,outside the existing right of way.
REGISTERED
PROFESSION AL
LAND SURV YOR
• OREGON
JAT..12.1999
JAMES W. COLTON
`58756
RENEWS:DEC. 1, 2019
SIGNED: ePt\L1�-L°Ie
EXHIBIT 'B"
P-06-2018
PARCEL 1
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6 > P-06-2018
J PARCEL 2
(40)'
19 ft2±
Perm.Ease.- M.GROWL EY
Sidewalks Doe.No.2018-014745
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D.L.C. NO. 41
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LEGEND: JAN 12 1999
SCALE 1 30' JAMES W. COLTON
•58756
Permanent Easement- Sidewalks REJI�M►Ss DEC. 31. 9
30 15 0 30 19 sq.ft.+/- SIGNED:
FEET
CITY OF ASHLAND, OREGON Road rlersey Street
Project Hersey Street Sidewalk: Oak Street to Mountain Ave.
OBEC CONSULTING
ENGINEERS County Jackson Scale 1" = 30'
wwww.obec.com File 007 Date September,2018
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