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HomeMy WebLinkAbout2019-132 Easement Clear Creek Invesments Jackson G,ounty OltlC al Hecor Lis 2019-012873 R-E Cnt=1 SIMPSOHP 05/15/2019 08:12:03 AM $30.00$10 00$5.00$8.00$11.00 Tota I:$128.00 $60.00$4 00 I 111I11L I 1 i I 11111111 11 1 III [HI lUll 01854439201900128730060069 Chrrat ne Walker,County Clerk for Jackson Cohnty,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., Clear Creek Investments LLC, an Oregon Limited Liability Corporation (the"Grantor"), owner of property legally described as that property described in that Statutory Warranty Deed to Clear Creek Investments LLC, an Oregon Limited Liability Company, recorded January 22, 2004 as Document No. 2004-003120 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 36+44.85 36+53.03 40.56 in a straight line to 35.90 36+53.03 36+52.77 35.90 in a straight line to 30.00 Permanent Easement and Agreement Page 1 of 3 1 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 , 20 . GRANTOR: GRANTEE: Cle. re= Inves ments -, .n Orego CITY ACCEPTANCE (ORS 93.808); Li ited Lia•;Iity tor• ? -- -- -- -- CITY OF ASHLAND, OREGON At012arituir, By • rized Sign mss) Ke ly Madding, City A istrator By: rAuthorized Signer(s) STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this 11 day of Dec AJ9eC , 201Z , 3Aln 4 eld , and , who to me known to be the duly executed qualified and acting HQM ✓ of Clear Creek Investments LLC, an Oregon Limited Liability Corporation who acknowledged the foregoing instrument to be their voluntary act and deed. ,•;■,, OFFICIAL STAMP , ..r. TRICIA DIANE HAHN NOTARY PUBLIC-ORE:GON V; COMMISSION NO. 975871 Notary Public for Oregon MY COMMISSION EXPIRES JUNE 17,2071 My Commission Expires: 1o/�/ STATE OF OREGON ) )ss. County of Jackson ) Personally appeared before me this 2 day of Mal , 20 19 , Kelly Madding, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her voluntary act and deed. ; ; OFFICIAL STAMP :wr:'., ELIZABETH LYNN TAYLOR 47E NOTARY PUBLIC-OREGON Notary ublic for Oreg ��,1e COMMISSION NO. 980629 My Commission Expires: IO/24/202Z MY COMMISSION EXPIRES OCTOBER 29,2022 Permanent Easement and Agreement Page 3 of 3 , EXHIBIT A Page 1 of 1 File 004 James Colton-OBEC 09/21/2018 Permanent Easement for Sidewalks A parcel of land lying in Lot 6 of CLEAR CREEK VILLAGE, PHASE 2,A PLANNED COMMUNITY 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 Clear Creek Investments LLC, an Oregon Limited Liability Company, recorded January 22,2004 as Document No.2004-003120 of the Official Records of Jackson County;said parcel being that portion of said property included in a strip of land variable in width lying on the Southerly side of said 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. Station to Station Width on Southerly Side of Center Line 36+44.85 36+53.03 40.56 in a straight line to 35.90 36+53.03 36+52.77 35.90 in a straight line to 30.00 EXCEPT therefrom that portion of said property lying within the existing right of way of Hersey 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 Y R . 6-----J 3 OREGON JAN.12 1999 JAMES W. COLTON .587136 J RENEWS: DEC. 31 2019 11 SIGNED: cat �2- ot£' EXHIBIT "B" • zz O OiCC Li - jF — P-62-1992 ci ° so i ( ) PARCEL 2 00- 2603,38,4. 7 Cy__S�jo1 p �86,, • 52323 • • / !v oi �� / / �4� o D.L.C. NO. 41 Li Q Q D.L.C. NO. 42 54 ft2f Perin.Ease.- Sidewalks w r- El S7 REE7 // r? O0 ..% t,� 18 ft2± 02 O~ °`) `!b Perm.Ease.- Sidewalks A• 004 v w CLEAR CREEK INVESTMENTS L LC 003 Doc.No.2004-003120 CLEAR CONCEPTS OF OREGON LLC Q Doc.No.99-007851 CLEAR CREEK °cV MOLLAOE m o 4 6 PHASE 2 1. (2'^� CLEAR R Cl [E ") °/:" VDIL[Li ©i ^:i � PHASE 9 =4, N REGISTERED PROFESSIONAL PROFESSIONAL LAND SURv onEO°N LEGEND: J'.12.1999 SCALE 1" = 30' JAMES N. COLTON •58756 Permanent Easement- Sidewalks RENEWS: DEC. 1, 2 19 30 15 0 30 18 sq.ft.+/- FEET SIGNED: _� a 2,01 CITY OF ASHLAND, OREGON Road Hersey Street CONSULTING Project Hersey Street Sidewalk: Oak Street to Mountain Ave. OBEC ENGINEERS County Jackson Scale 1" = 30' lb www.obec.com File 004 Date September,2018 SKETCH MAP ® Request for Taxpayer Give Form to the Form V A (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. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank., 2 Business name/disreg rded entity me,if different from above �; Ct2 u�- - - 4-5 co 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 m following seven boxes. certain entities,not individuals;see instructions on page 3): 0 / Individual/sole proprietor or ❑ C Corporation ❑S Corporation El Partnership ❑Trust/estate rn single-member LLC c Exempt payee code(if any) a' ❑ Limited liability company. Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) 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 to 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) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. U ❑ Other(see instructions)■ (Applies to accounts maintained outside the U.S.) tli to 5 Address(number stre d apt.or suite no.)See instructions. Requester's name and address(optional) co S (4. 6 City,state,and ZIP c> /1 ^ 2 5- cZ O 7 Litt accoun number(s)here(optional) (`/r 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 Social security number backup withholding. For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I, later.For other — — entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN,later. or 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. •• - 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 e it from FATCA reporting is correct. Certification instructio• ou m stcriss out item 2.:o eif you ha - •eenn• ified by the IRS that you are currently subject to backup withholding because you have failed to rept all interes,and/ividends on ."ur ax retur or real e ate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment o ecuredprop- y,c ncellation• de. ,contri.. ionsto an• dividual retirement arrangement(IRA),and generally,payments other than interest a dividends,yo re .trequir-s ,. you.l the c- ication, yor st provide your correct TIN.See the instructions for Part II,later. 9 .ignaturof � ��//`W Here .S.pe Date ` 7 • r Non, General I nst ctions •Form 1099-DIV(dividends, including those from stocks or mutual funds) Section references - -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 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)