HomeMy WebLinkAbout2019-133 Easement Clear concepts of Oregon Jackson County Official Records 2019-012872
R-E 05/15/2019 08:12:03 AM
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$45 00$10 00$5 00$8.00$11.00 Total.$143.00
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01854438201900128720090093
!,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., Clear Concepts of Oregon
LLC, an Oregon Limited Liability Corporation (the"Grantor"), owner of property legally described as
that property described in that Statutory Warranty Deed to Clear concepts of Oregon LLC, an Oregon
Limited Liability Company, recorded February 12, 1999 as Document No. 99-007851 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+35.00 36+42.47 40.91 in a straight line to 45.10
36+42.47 36+44.85 45.10 in a straight line to 40.56
Permanent Easement and Agreement
Page 1 of 3
J
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
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 i3'day of
)4GGGG4tbcr- , 20 it V.
GRANTOR: GRANTEE:
Clear Concepts of Oregon LLC, an Oregon CITY ACCEPTANCE (ORS 93.808);
Limited Liability Corporation CITY OF ASHLAND, OREGON
By .1e0e_..__ By
Authorized Signer(s) Kelly Madding, City Ad . istrator
By: I'/ / /"1.- CelAt)
Auth•ij zed Signer(s)
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this F3day of _ , 201E , Loren 3. Clea.v.- ,
and.F-k,n,I M. Ckar , who to me known to be the duly executed qualified and acting
■ of Clear Concepts of Oregon LLC, an Oregon Limited Liability
Corpora on,who acknowledged the foregoing instrument to be their voluntary act and deed.
OFFICIAL STAMP
O REBECCA A VIETZ
NOTARY PUBLIC-OREGON • -i O.
COMMISSION NO.961707 Notary Public for Oreg'
•
MY COMMISSION EXPIRES APRIL 24,2021 My Commission Expires: Ajrl/ Z4) 2GiZ.1,
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this 2 day of tital , 20 rQ , Kelly Madding, City
Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her
voluntary act and deed.
■T . OFFICIAL STAMP eitiojetit,r -►,-�;. ELIZABETH LYNN TAYLOR Notary P ic for Oregon
iL•3 NOTARY PUBLIC-OREGON
Nrrr COMMISSION NO. 980629 My Commission Expires: 1D/21/2622
MY COMMISSION EXPIRES OCTOBER 29,2022
Permanent Easement and Agreement
Page 3 of 3
EXHIBIT A Page 1 of 1 File 003
James Colton-OBEC 09/21/2018
Permanent Easement for Sidewalks
A parcel of land lying in Lot 4 of CLEAR CREEK VILLAGE, PHASE 1, A PLANNED
COMMUNITY in the City of Ashland, Jackson County, Oregon. said parcel being a portion
of that property described in that Bargain and Sale Deed to Clear Concepts of Oregon
LLC, recorded February 12, 1999 as Document No. 99-007851 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 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 Southerly Side of Center Line
36+35.00 36+42.47 40.91 in a straight line to 45.10
36+42.47 36+44.85 45.10 in a straight line to 40.56
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,
ALSO EXECPT therefrom that portion of said property lying within the existing right of way
of Oak 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 54 square feet, more or less, outside the existing right of way.
REGISTERED
PROFESSIONAL
LAND SURVAkOR ,
OREGON
JAN 12 1999
JAMES W. COLTON
'58756
RENEWS: DEC. 31, 019
SIGNED: d°��u 2Ol�
. EXHIBIT "B"
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C° CLEAR CREEK
INVESTMENTS L LC
003 Doc.No.2004-003120
CLEAR CONCEPTS ~'
OF OREGON LLC
Doc.No.99-007851 CLRL^AG3 CHEEK °N
4 6 dilILLAOR ''i co o
PHASE
CLEAR AG` CHEEK RCS ") °/'
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PROFESSIONAL
LAND SURVEYOR
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LEGEND: JAN.'''
SCALE 1" = 30' JAMES W. COLTON
*56756
Permanent Easement- Sidewalks DEC. �1, 2019
30 15 0 30 54 sq.ft.+/- L Lod_
FEET $I� m� 1 - °
CITY OF ASHLAND, OREGON Road Hersey Street
Project Hersey Street Sidewalk: Oak Street to Mountain Ave.
CONSULTING
OBEC County Jackson Scale 1" = 30'
lib ENGINEERS y
www.oL c.com File 003 Date September,2018
SKETCH MAP
CERTIFICATION OF TRUST
We, Loren B. Clear and Sheryl M. Clear, Trustees of the Loren and Sheryl Clear
Revocable Living Trust, hereby certify as follows:
1. The Loren and Sheryl Clear Revocable Living Trust is presently in existence. It was
executed on October 2-4 , 2009.
2. The Settlors of the trust are Loren B. Clear and Sheryl M. Clear.
3. The currently acting Trustees of the Trust are Loren B. Clear and Sheryl M. Clear. Upon
the death,incapacity or resignation of one of the Trustees,the surviving Trustee shall serve as
sole Trustee. Upon the death, incapacity or resignation of both Trustees, Janet Clear, the
sister of Settlor Loren B. Clear, and the Settlors' daughter,Jennifer E. Clear Bell, shall
serve as successor co-trustees.
4. Under the terms of the Trust Agreement, the Trustee is given powers granted a trustee under
the Oregon Uniform Trust Code and additional powers set forth in said trust agreement.
5. As long as the Settlors act as Trustees, either Trustee shall have the authority to sign checks
and other instruments on behalf of both Trustees and the Trust, and the acts of either Settlor
acting as Trustee shall be binding on both Trustees and the Trust. At any time when the
Settlors are no longer serving as Trustees, if there is more than one Trustee then all Trustees
must sign checks and other instruments on behalf of the Trust, and neither Trustee shall have
the authority to act without the other Trustee unless the Trustees delegate the authority of the
Trustees to one of the Trustees in an instrument signed by all Trustees.
6. The mailing address of the currently acting Trustees is 1235 Westmont Drive, Jacksonville,
Oregon.
7. The trust can be modified, amended,or revoked by the Settlors,Loren B. Clear and Sheryl M.
Clear.
8. Trust property is to be titled as follows: Loren B. Clear and Sheryl M. Clear, Trustees
of the Loren and Sheryl Clear Revocable Living Trust.
9. The taxpayer identification number for the trust is 344 'SP•2.77P
10. The trust has not been revoked, modified, or amended in any manner that would cause the
representations contained in this certification to be incorrect.
11. The Trust was established under the laws of the State of Oregon.
I hereby certify the above to be true as of this date.
DATED: 24 CC: , 2009. p, - ,
c�� M ��(e of the
Loren B. Clear, Trustee of the Sheryl M Lear, Trustee of the
Loren and Sheryl Clear Loren and Sheryl Clear
Revocable Living Trust Revocable Living Trust
Page 1 -CERTIFICATION OF TRUST
.. r
STATE OF OREGON )
) ss
County of Jackson )
Loren B. Clear and Sheryl M. Clear,Trustees of the Loren and Sheryl Clear Revocable Living
Trust, acknowledged the foregoing Certification of Trust before me on October 2 c , 2009.
(p ��_s�1 OFFICIAL SEAL Notary Public for Oregon
( �'� NO nM s5 0 NOORREGS N )'' My commission expires: J 0.. Ag -1 7
MY COMMISSION EXPIRES OCTOBER 28,2812
Page 2-CERTIFICATION OF TRUST
ASSIGNMENT OF MEMBERSHIP INTERESTS IN
CLEAR CONCEPTS, LLC
An Oregon Limited Liability Company
The parties to this agreement are Loren B. Clear and Sheryl M. Clear,Assignors; and
Loren B. Clear and Sheryl M. Clear, Trustees of the Loren and Sheryl Clear Revocable
Trust, Assignees.
Whereas, Assignors are the owners of 100% of the membership interests of Clear
Concepts, LLC, an Oregon limited liability company (the "LLC"); and
Whereas, Assignors desire to assign to Assignees their entire interest in the LLC;
Now, therefore, the parties agree as follows:
1. Assignors assign unto Assignees their 100%membership interest in the LLC.
2. Assignees accept the foregoing assignment and agree to comply with the terms
of the operating agreement of the LLC as members of the LLC.
Dated: This 24 day of Oc_ a i , 2009.
ASSIGNORS: ASSIGNEES:
Loren B. Clear Loren B. Clear, Trustee of the Loren
and Sheryl Clear Revocable Living Trust afeu-
She 1 Clear Sheryl Lear, Trustee of the Loren
and Sheryl Clear Revocable Living Trust
_A Request for Taxpayer
Form V Give Form to the
(Rev.November 2017) Identification Number and Certification requester. Do not
Department ofthe Treasury send to the IRS.
Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information.
t Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.,
� Gtr- �. Cam,
2 Bustne name/disregarded entity name,if different from above Liz
3 Check appropriate b x for fed I tax cl ificat on 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
co
n instructions on page 3):
o ❑ Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate
rn single-member LLC
ai c Exempt payee code(if any)
aig Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)• S
• 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
' (E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if an y)
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
N ❑ Other(see instructions)• (Applies to accounts maintained outside the U.S.)
u) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
a3 035 I/�S-444-ox •
6 City,state,and ZIP code/
7 Li 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 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.
izma 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 bythe IRS that you are currently subject to 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 of debt,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 (Th `�/ � ) p
Here U.S.person - (/��wL Date l/ //L O
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
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Purpose of Form -Form 1099-K(merchant card and third party network transactions)
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information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
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(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)