HomeMy WebLinkAbout2019-134 Easment Bagley Canning Company Jackson County Official Records 2019-01 2871
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I.Christine Walker,County Clerk for Jackson Courtly,Oregon.certify
that the instrument identified herein was recorded in the Clerk
records.
After Recording 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., Bagley Canning Company,
a corporation of the State of Oregon (the "Grantor"), owner of property legally described as that
property described in that Statutory Warranty Deed to Bagley Canning Company, a Corporation of the
State of Oregon, recorded May 23, 1927 in Volume 165, Page 529 as Document No. P-02-2008 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"), permanent,
appurtenant and nonexclusive easements for a sidewalk, and all appurtenances thereto.
2. Description. The location of the easements are as follows (and are shown on Exhibits A& B
attached hereto and incorporated herein):
Strips 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 center line Station "H" 10+00.00, marked by a 3/4" iron pipe at the centerline of
Hersey Street& Main Street in a monument case, said Station being North 70°01'38"West
2,313.47 feet from the Northwest corner of Donation Land Claim No. 42, Township
39 South, Range 1 East, W.M.; thence North 74°22'0011 East 257.08 feet; thence on a
178.05 foot non-tangent radius curve right(the long chord of which bears North 70°52'01"
East 251.73 feet) 279.58 feet; thence South 64°08'5511 East 495.55 feet to a 3" brass disk
in a monument case at the centerline intersection of Hersey& Laurel Streets; thence
South 64°08'24" East 672.55 feet to a 3" brass disk in a monument case at the centerline
of intersection Heiman & Hersey Streets; thence South 64°07'53" East 387.75 feet to a
3/411 Iron Pipe in a monument case at the intersection of Water& Hersey Streets; thence
North 32°22'48" East 15.37 feet; thence South 63°35'36" East 565.90 feet to a stone with a
chiseled X in a monument case at the centerline of Hersey Street& Oak Street and center
line Station "H" 36+ 73.79, said Station being North 60°30'11" East 47.68 feet from the
Southwest corner of Donation Land Claim No. 41 , Township 39 South, Range 1 East,
W.M (the"Easement Area")
Permanent Easement and Agreement
Page 1 of 3
The width in feet of said strips of land are as follows:
Station to Station Width on Southerly Side of Center Line
"H" 27+30.00 "H" 27+ 46.04 46.49 in a straight line to 30.00
"H" 30+59.64 "H" 30+ 75.00 30.00 in a straight line to 57.48
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
ND
IN WITNESS WHEREOF,the parties hereto have subscribed this instrument this a( day of
AP2ic- , 20 .
GRANTOR: GRANTEE:
Bagley Canning Company, a corporation of the CITY ACCEPTANCE (ORS 93.808);
State of Oregon CITY OF ASHLAND, OREGON
BY \ \ By ' AiNlbm�• 1
/authorized Signer(s) Kelly Madding, City Ad -t•.
By:
Authorized Signer(s)
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this° day of /PR-I L.— , 20 /7, � ' 1 /4. R 06e,LTS
and 61/4, , who to me known to be the duly executed qualified and acting
Q e�t I p r,✓->- of Bagley Canning Company, a corporation of the State of Oregon,
who acknowledged the foregoing instrument to be their voluntary act and deed.
OFFICIAL STAMP
(:)_ DAVID P.A.SEULEAN
C. NOTARY PUBLIC-OREGON
` COMMISSION NO. 949075
MY COMMISSION EXPIRES MARCH 28,2020 Notary Public for gon
My Commission Expires: 3-2-e'7-4.2"-°
STATE OF OREGON )
) ss.
County of Jackson ) 2 Personally appeared before me this 2 day of IVICILI , 20 Iq Kelly Madding, City
Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be her
voluntary act and deed.
* "r, OFFICIAL STAMP Etii-ogAit
r ELIZABETH LYNN TAYLOR
NOTARY PUBLIC-OREGON Notary ublic for Oreg n
COMMISSION NO. 980629 My Commission Expires: 1O�24�2O22
MY COMMISSION EXPIRES OCTOBER 2B,2022 Y p
Permanent Easement and Agreement
Page 3 of 3
EXHIBIT A Page 1 of 2 File 002
James Colton—OBEC 09/21/2018
Parcel 1 - Permanent Easement for Sidewalks
A parcel of land lying in Parcel No.1 of PARTITION PLAT NO. P-02-2008 in the City of
Ashland, Jackson County, Oregon, said parcel being a portion of that property described in
that Deed to Bagley Canning Company, a corporation of the State of Oregon, recorded
May 23, 1927 in Volume 165, Page 529 of Jackson County Record of Deeds, the 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"H"center line,which center line is described as
follows:
Beginning at center line Station"H" 10+00.00, marked by a 3/4" iron pipe at the centerline
of Hersey Street&Main Street in a monument case, said Station being North 70°01'38"
West 2,313.47 feet from the Northwest corner of Donation Land Claim No. 42,Township
39 South, Range 1 East,W.M.;thence North 74°22'00"East 257.08 feet;thence on a
178.05 foot non-tangent radius curve right(the long chord of which bears North 70°52'01"
East 251.73 feet)279.58 feet;thence South 64°08'55" East 495.55 feet to a 3"brass disk
in a monument case at the centerline intersection of Hersey& Laurel Streets; thence
South 64°08'24" East 672.55 feet to a 3"brass disk in a monument case at the centerline
of intersection Heiman& Hersey Streets;thence South 64°07'53" East 387.75 feet to a
3/4" Iron Pipe in a monument case at the intersection of Water& Hersey Streets; thence
North 32°22'48" East 15.37 feet; thence South 63°35'36" East 565.90 feet to a stone with a
chiseled X in a monument case at the centerline of Hersey Street&Oak Street and center
line Station"H"36+73.79, said Station being North 60°30'11" East 47.68 feet from the
Southwest 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
"H"27+30.00 "H" 27+46.04 46.49 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 EXCEPT therefrom that portion of said property lying within the existing right of way
of Heiman Street.
Bearings are based on Survey Number 21,937 as filed in the office of the Jackson County
Surveyor.
This parcel of land contains 60 square feet, more or less,outside the existing right of way.
Parcel 2-Permanent Easement for Sidewalks
A parcel of land lying in Parcel No.1 of PARTITION PLAT NO. P-02-2008 in Township 39
South, Range 1 East, W.M., City of Ashland, Jackson County, Oregon, said parcel being a
portion of that property described in that Deed to Bagley Canning Company, a corporation
of the State of Oregon, recorded May 23, 1927 in Volume 165, Page 529 of Jackson
County Record of Deeds,the 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"H"center
line,which center line is described in Parcel 1.
The width in feet of said strip of land is as follows:
EXHIBIT A Page 2 of 2 File 002
James Colton—OBEC 09/21/2018
Station to Station Width on Southerly Side of Center Line
"H"30+59.64 "H"30+75.00 30.00 in a straight line to 57.48
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 Water Street.
This parcel of land contains 65 square feet, more or less,outside the existing right of way.
REGISTERED
PROFESSIONAL
LAND SURV r
OREGN.....T.-
J,1 IVVv
JAMES W. COLTON
•58756
RENEWS: DEC. 31, 019
SIGNED: _o9.tzt
I
EXHIBIT "B"
Page 2 of 2
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LEGEND: OREGON
JAN.12.1999
SCALE 1" = 30' Q2 JAMES W. COLTON
•58756
Permanent Easement- Sidewalks
30 15 0 30 RENEWS: DEC. 1,2019=
65 sq.ft.+/- SIGNED: _°`1 Li wt Y
FEET -----
CITY OF ASHLAND, OREGON Road Hersey Street
CONSULTING Project Hersey Street Sidewalk: N.Main to Oak Street
OBEC ENGINEERS County Jackson Scale 1" = 30'
www.oieccom File 002 Date September,2018
SKETCH MAP
3!8/2019 Business Registry Database Search
Secretary of State 2019 ANNUAL REPORT
y Corporation Division Registry Number: 3034311
A,
�7'•: '. 255 Capitol Street NE,Suite 151 Date of Incorporation: 04113/1927
Salem,OR 97310-1327 Fee: $100
r Ii Due Date:04/13/2019
. • _" P!ione:(503)986 2200 Type: DOMESTIC BUSINESSICORPORATION
y9: Fax:(503)378-4381
www.filinginoregon.com
I
BAGLEY CANNING COMPANY
PO BOX 365 ;r"._ y
TALENT OR 97540 !`1 R
MAR 20 2019
Name of Domestic Business Corporation
BAGLEY CANNING COMPANY __:: ( REGOV
ATYC�FSTA?E
Jurisdiction: OREGON
The following information is required by statute.Please complete the entire form.Failure to submit this Annual Report and
fee by the due date may result in inactivation on our records.
Registered Agent
DAN I EL A ROBERTS If the Registered Agent has changed,
1040 4 ANDERSON 9 NDE N CRK RD the new agent has consented to the appointment.Oregon
TALENT OR 97540 street address required.
1)Type of Business
2) Principal Place of Business(Address,city,state,zip) 3)Mailing Address(Address,city,state,zip)
290 HELMAN ST PO BOX 365
ASHLAND OR 97520 TALENT OR 97540
4)President(Name&Address) 5)Secretary(Name&Address)
DANIEL A ROBERTS UILANI S ROBERTS
1040 ANDERSON CRK RD 11214 WAGNER CRK RD
TALENT OR 97540 TALENT OR 97540
Execution:
I declare,under penalty of perjury,that this document does not fraudulently conceal,fraudulently obscure,fraudulently alter
or otherwise misrepresent the identity of the person or any officers,directors,employees or agents of the corporation on
behalf of which the person signs. This filing has been examined by me and is,to the best of my knowledge and belief,true,
correct,and complete. Making false statements in this document is against the law and may be penalized by fines,
imprisonment or both.
6)Signature ._,.._ „ .77-
7) Printed Name
(
8)Date �j� tal 9)Phone Number
T
Make check payable to"Corporation Division"and mail to the addn ANRPFI-
Note:Filing fees may be paid with a major credit card. Submit the card r BAGLEY CANNING COMPANY 03/08/19
3034311-3.9880634 REtANA
http://egovsesstate.or.us/br/PKG_BR WEB_ANN_RP7.MAIN?ps_rep cod e=ANRPFI&ps reg_nbr=30343118,ps_show_rei=N 111
/ 3/ /6 ,/ /
Bagley Canning Company -
Board of Directors Meeting
March 03,2016
Meeting called to order @ 10:00 am
Present are: Dan Roberts
Gary Roberts
Brian Roberts
Jeremy Roberts
Uilani Roberts- recorder
15t order of business:
Acknowledge death of C. Fred Roberts on Feb.28,2016 and to welcome his sons Brian and
Jeremy as successors to fathers share.
According to Fred Sr.'s will, Bagley Canning Co.would be headed by C. Fred Roberts, President
Daniel A. Roberts,Vice President and Gary G. Roberts,stockholder.
Upon C. Fred Roberts death, Dan Roberts succeeds as President and Gary Roberts as Vice President,
Sons, Brian and Jeremy Roberts-Stockholders. Uilani Roberts becomes Recorder and paid$100.00
per meeting as miscellaneous expense.
2nd order of business:
Issue dividend checks to Stockholders
Dan-$20,000
Gary-$20,000
Brian-$10,000
Jeremy-$10,000
3rd order of business
It is established that Bagley Canning Co. has no payroll expenses and Dan Roberts will run day to
day operations. Gary Roberts will run Ranch operations
Also, Dan and Gary will discuss and review possible sale of part of Bagley property. Stockholder
meeting will follow. Monies needed to survey and divide upper and lower lots are authorized.
Bagley will give option to loan to probate account if needed. One of entities will make the loan.
There being nothing further in the way of Company business to come before the shareholders,
the meeting is adjourned.
4th order of business
Immediately following is the annual meeting of Board of Directors. It was unanimously resolved
Dan Roberts elected as President and Board Chairman,Gary Roberts,Vice President and Uilani
Roberts, Recording Secretary and Treasurer, by acclamation and until their successors be elected.
The activities of the officers during the past year and on behalf of the Company were unanimously
ratified and approved. There being no further business to discuss the annual meeting was adjourned.
I, Uilani Roberts,the under-signed recording Secretary-Treasurer of the Company certify that the
above minutes truly and accurately reflect what actually took place at the meetings.
Uilani Roberts,Secretary-Treasurer,attested and consented to:
Daniel A Roberts, Officer, Director and shareholder.
Request for Taxpayer
Form Give Form to the
(Rev.October 2018) Identification Number and Certification requester.Do not
Department of the Treasury 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 income tax return).Name is required on this line;do not leave this line blank.
BAGLEY CANNING COMPANY, INC.
2 Business name/disregarded entity name,if different from above
c,• 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
cn following seven boxes. certain entities,not individuals;see
a instructions on page 3):
o ❑ Individual/sole proprietor or 0 C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
to single-member LLC
ai c Exempt payee code(if any)
T• ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
`p 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
c c 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)
a o 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.
a
❑ Other(see instructions)■ (Applies to accounts maintained outside the U.S.)
to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
in 1070 ANDERSON CREEK ROAD
6 City,state,and ZIP code
TALENT, OREGON 97540
7 List 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 —
I TIN, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and
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 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 of secured property,cancellation of debt,contributions to 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 Signatu person e of R�`r'�
Here U.S.person► Date■► J— 2 '— J 1
c
c" 111 ))) / 1
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
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
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.10-2018)