HomeMy WebLinkAbout2019-131 Easement Diana Reznik Serlin Jackson County Official Records 2019-012874
R-E 05/15/2019 08:12:03 AM
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I,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., Diana Reznik Serlin,
Trustee of the Allen Serlin Trust dated October 12, 1995, (the"Grantor"), owner of property legally
described as that property described in that Statutory Warranty Deed to Diana Reznik Serlin, Trustee of
the Allen Serlin Trust recorded October 12, 1995 as Document No. 2007-01971 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:
Beginning at a point opposite and 35.00 feet Southerly of Engineer's centerline station
53+40.35 on the center line of Hersey Street; thence Easterly in a straight line to a point
opposite and 35.00 feet Southerly of Engineer's center line station 53+63. 71 on said
center line.
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 22.day of
[ QSJ 20 ..
GRANTOR: GRANTEE:
Diana Reznik Serlin,Trustee of the Allen Serlin CITY ACCEPTANCE(ORS 93.808);
Trust dated October 12, 1995 CITY OF ASHLAND, OREGON
By:i rg ,... & I AL L t rk By
II Tana Reznik Se jjn,Trustee Kel y Madding, City A trator
i iit,c-t
STATE OF e- - : , )
A�� )ss.
County of 4I c`icsorr )
This 22 day of Mme- , 2011, Personally appeared before me, Diana Reznik Serlin,Trustee
of the Allen Serlin Trust dated October 12,1995,who acknowledged the foregoing instrument to be
her voluntary act and deed.
}o"r
CHRISTINA B. TAGLE
v c COMM.#2159832 E
5 z NOTARY PUBLIC•CALIFORNIA n
SAN MATED COUNTY
Comm.Exp.JULY 14,2020 Notary Public for 64 l4orru�
My Commission Expires: ,713 /y�2.02o
STATE OF OREGON ) `Jl
)ss.
County of Jackson )
Personally appeared before me this 2 day of Mai , 20(9 , 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 i�
i !`� NOTARY PUBLIC-OREGON Notary blic for Oregon
Nr ' COMMISSION NO. 980629 My Commission Expires: 1012Q/`, 62Z
MY COMMISSION EXPIRES OCTOBERS,2022
Permanent Easement and Agreement
Page 3 of 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of M /i/2 i,.S(',o )
On 0041 22.-1 2/61 before me, eh/-7f6.ga. ,Q 7 e, ///a j x�c,
(insert name and title bf the officer) �/
personally appeared ,UIGr/zie
who proved to me on the basis of satisfactor�yce to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
444,_ CHRISTINA B. TAGLE
WITNESS my hand and official seal. V COMM.#2159832 3
,' NOTARY PUBLIC•CALIFORNIA F3
<" 1, SAN MATEO COUNTY
", Comm.Exp.JULY 14,2020
Signature // 1.1 (Seal)
EXHIBIT A Page 1 of 1 File 005
James Colton-OBEC 09/21/2018
Permanent Easement for Sidewalks
A parcel of land lying in Lot 1 of Block 1 of GRIZZLY INDUSTRIAL PARK SUBDIVISION
TO THE CITY OF ASHLAND in the City of Ashland, Jackson County, Oregon,said parcel
being a portion of that property described in that Statutory Warranty Deed to Diana Reznik
Serlin,Trustee of the Allen Serlin Trust dated October 12, 1995, recorded April 26,2007
as Document No.2007-019791 of the Official Records of Jackson County; said parcel
being that portion of said property lying Westerly of the following described line:
Beginning at a point opposite and 35.00 feet Southerly of Engineer's centerline station
53+40.35 on the center line of Hersey Street;thence Easterly in a straight line to a point
opposite and 35.00 feet Southerly of Engineer's center line station 53+63.71 on said
center line.
The center line of Hersey Street 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.
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 Williamson Way.
Bearings are based on the Oregon Coordinate Reference System, Grants Pass-Ashland
Zone, NAD 83(2011)epoch 2010.00.
This parcel of land contains 97 square feet, more or less,outside the existing right of way.
REGISTERED
PROFESSIONAL
LAND SURV// N\\\YOR
71 OREGON
S.._..
JA h.12,icm
JAMES W. COLTON
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RENEWS: DEC. 1,2019
SIGNED: cs't
EXHIBIT "B"
P-129-1994
PARCEL 2
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HERSEY STREET M HERSEY ;
N89°36'11"E - 1,335.60' .. N89°36'.
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DIANA REZNIK SERLIN, IGiIDNJC U I OG"ad
TRUSTEE OF THE PARK
Z ALLEN SERLIN TRUST { 1_t.
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a Doc.No.2007-019791
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PROFESSIONAL
LAND SURV R
LEGEND: dui 12,
SCALE 1"= 30' JAMES W. CO COLTON
058756
Permanent Easement- Sidewalks
30 15 0 30 97 sq.ft.+/- I,RENEWS: DEC. 019
mot
FEET SIGNED: -' ---
CITY OF ASHLAND, OREGON Road Hersey Street
CONSULTING Project Hersey Street Sidewalk: Oak Street to Mountain Ave.
OBEC ENGINEERS County Jackson Scale 1" = 30'
1k www.obeacom File 005 Date September,2018
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Cat.No.10231X Form W-9(Rev.11-2017)
1 recognized Hadassah as the charitable remainderman under the terms of the trust; an earlier order
of this Court has confirmed such designation.
3 The Court stated at the July 10 hearing that it was not prepared to rule upon the petition
1 of Diana Reznik Serlin or the request of Samuel Foster to modify the terms of the Allen Serlin
5 Trust which currently provide each of them respectively with designated monthly payments.
6 This issue of modification was continued to a hearing set for Friday, July 19, 1996 at 2 pm in
7 Department 32 at the Hayward Courthouse in order to give Mrs. Serlin and/or Mr. Foster time to
8 file declarations which support their respective requests for modification.
9 On July 19, 1996 appearances were made by Michael Patiky Miller, Esq. and Mary H.
10 Widenor, Esq. on behalf of Diana Reznik Serlin, petitioner and by William Petzel, Esq. on
11 behalf of Samuel Foster, trust annuitant. The Court continued the request of Samuel Foster for a
12 modification of the trust with respect to his monthly payments to a hearing set for September 27,
13 1996 in Department 32.
14 The court stated that it had considered the verified petition of Mrs. Serlin, declarations of
13 various witnesses, memoranda of law and other documents filed in these proceedings. The Court
16 thereupon issued its order as follows:
17 The court stated that it was unnecessary to rule upon the petition of Diana Reznik Serlin
18 for modification. The petition had asked for such other and further relief as the court found to
19 be just. The court stated that it had reviewed the terms of the trust, and that stated that it would
20 interpret the provisions of the trust instrument pursuant to Probate Code §17200(b)(6). Article
21 V, C of the trust instrument declares that the Trustee can deal with the trust estate as if she were
2' the absolute owner. The court found that this made Diana Reznik Serlin the holder of grantor
23 trust powers over the trust pursuant to Internal Revenue Code §678. According, all income of
24 the trust is deemed distributed to her, subject to her duty to make the specific bequests and
25 annuities set forth in the trust, and subject to the designation of Hadassah as the remainderman
?6 upon her death. 4'16
?7 Dated: July a5 , 1996
Judge of the Superior Court
28
WVEINBERG,ZIFF& MILLER ORDER INTERPRETING A LIVING TRUST