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Home My WebLink About2019-130 Easement Paul Rickerson and Goly Ostovar Jackson County Official Recoi ds 2019.012875 R-E 05/15/2019 08:12:03 AM Cnt=1 SIMPSOHP $35 00$10.00$5 00$8.00$11 00 Total:$133.00 $60.00$4.00 III[II IIIFI� e 01854441201900128750070077 Chr iatine Walker,County Cle;k for Jackson County,Ur egon,certify that the;nob ument 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., Paul Rickerson and Goly Ostovar, as tenants by the entirety, (the"Grantor"), owner of property legally described as that property described in that Statutory Warranty Deed to Paul Rickerson and Goly Ostovar recorded May 8, 1998 as Document No. 98-20287 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 Southerly Side of Center Line 55+00.00 55+35.00 36.02 in a straight line to 26.33 Permanent Easement and Agreement Page 1 of 4 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 rovide Grantor reasonable notice once 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 4 IN WITNESS WHEREOF,the parties hereto have subscribed this instrument this ik day of Vece,.L 20 1 Ce. GRANTOR Paul Rickerson By: cOfti O () iT. t,Goly tovar STATE OF OREGON, County of 7,4 CKSDA ) nn 24 - Dated 7JC;2t &1. � Pt !3 ,20 / . Personally appeared, and signed before me by, the above named Paul Rickerson, who acknowledged the foregoing instrument to be his/her voluntary act. Before me: 0e4V/44.4-k-laa-t-4---N OFFICIAL STAMP JEANNE ESTELA DILLMAN �,I� NOTARY PUBLIC-OREGON Notary Public for Q O kJ • COMMISSION NO. 950926 MY COMMISSION EXPIRES MAY 24,2020 My commission expires: 0.r-02Y-240-2o STATE OF OREGON, County of T/q4-(g S 0 N ) Dated QLX-2l.C..cA A. //120 /3 . Personally appeared, and signed before me by, the above named Goly Ostovar, who acknowledged the foregoing instrument to be his/her voluntary act. Before me: Notary Public for DA) f�• OFFICIAL STAMP My commission expires: O s 'a 7 -�2 �`; '.y JEANNE ESTELA DILLMAN Y P 42.,,�'� NOTARY PUBLIC-OREGON COMMISSION NO. 950926 MY COMMISSION EXPIRES MAY 24,2020 Permanent Easement and Agreement Page 3 of 4 GRANTEE: CITY ACCEPTANCE (ORS 93.808); CITY OF ASHLAND, OREGON By Kelly Madding, City Administrator STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this z day of MCU4 , 20 l9 , Kelly Madding, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her voluntary act and deed. `?+e OFFICIAL STAMP �•+�•-� I !./ 1., �'� ELIZABETH LYNN TAYLOR Notary P •lic for Oregon / i NOTARY PUBLIC-OREGON COMMISSION NO. 980629 My Commission Expires: 1/42R/21321 MY COMMISSION EXPIRES OCTOBER 29,2022 Permanent Easement and Agreement Page 4 of 4 EXHIBIT A-Page 1 of 1 File 006 James Colton-OBEC 09/21/2018 Permanent Easement for Sidewalks A parcel of land lying in Lot 1 of Block 4 of PATTERSON-PHELPS TRACTS, in the City of Ashland,Jackson County, Oregon, said parcel being a portion of that property described in that Tenants by Entirety Warranty Deed to Paul Rickerson and Goly Ostovar, recorded May 8, 1998 as Document No. 98-20287 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 55+00.00 55+35.00 36.02 in a straight line to 26.33 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 Ann 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 18 square feet, more or less,outside the existing right of way. REGISTERED PROFESSIONAL LAND SURV YOR 4 OREGON JAN.12.1999 JAMES W. COLTON .58756 RENEWS:DEC. 1, 019 SIGNED: __°_°) 14110 re) _ EXHIBIT 'B" P-129-1994 PLATT RSOo a- PARCEL 1 PHELPS VRACVR 4 1n --- z z a (43.5') 1 2 P.RICKERSON AND 18 ft2f GOLY OSTOVAR Perm.Ease.- .4:; Sidewalks Doc.No.98-020287 P-129-1994 .o PARCEL 2 0 �, D.L.C. NO. 41 0 c- 006 D.L.C. NO. 42 m 2 o y > r`: (4 zi 7 rn 0 HERSEY STREET w 1 I I I N89°36'11"E • 2 n n w w x M O 0 MI m 27 j 28 14 MINK ROD 3E PHAS3E '0 j I I � anoMY • OMn DDUST OAL N • PARK I sT� PROFESSIONAL I i LAND SURV I 1 -\,,,, _,..,__, V- 7 \.J JAN.14 1994 LEGEND: SCALE 1" = 30' JAMES W. COLTON .59756 _J Permanent Easement- Sidewalks 30 15 0 30 18 sq.ft.+/- RENEWS: DEC. 31, 2019 FEET SIGNED: _°cl - a i�- — 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.otac.com File 006 Date September,2018 SKETCH MAP Mil _Q Request for Taxpayer Form 9 Give Form to the (Rev.November 2017) Identification Number and Certification requester. Do not DepartmentoftheTreasury 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 incom ax r turn).Name is required o this line; o t leave this line blank.. �a Ntio s c 2�So rn �o� OSfc Ja..r 2 Business name/disregarded entity name,if different from above 1 ai 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 c following seven boxes. certain entities,not individuals;see °- instructions on page 3): o Xi Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate co single-member LLC a o Exempt payee code(if any) >,:p Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)0- p ? 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 y 4-. LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) o- a is disregarded from the owner should check the appropriate box for the tax classification of its owner. tl N El Other(see instructions)► (Applies to accounts maintained outside the U.S.) rn 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) an 0. . Fair,rJrew �+ree + 6 City�stat nd ZIP ode � l � De y7sa0 7 List account number(g)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 avoid Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number 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 orabandonmentofsecured property,cancellation ofdebt,contributionsto an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not requiredt�ece tyou must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person / /C/ / .!iii 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 alien),to provide your correct TIN. amount reportable on an information return. Examples of information returns include, but are not limited to,the following. If you do not return Fonn 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)