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HomeMy WebLinkAbout2019-135 Easement Marc D. Mezzetta Jackson County Official Records 2019-012870 • R-E 05/15/2019 08:12:03 AM Cnt=1 SiMPSOHP $55 00$10 00$5.00$8.00$11.00 Total:$153.00 $60.00$4.00 II LI 111111111 LIII 11111 1111 01854433201900128700110114 I,Christine Walker,County Clerk for Jackson County,Oregon,certlry After Recording that the instrument Identified het ein was recorded in the Clerk 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., Marc D. Mezzetta,Trustee of the Marc D.Mezzetta Trust dated September 24'h 2007 as to an undivided 94% interest and Alan R.Wells, Trustee of the Alan R.Wells Revocable Trust dated October 28 2011 as to an undivided 6% interest as tenants in common (the"Grantor"), owner of property legally described as that property described in that Statutory Warranty Deed to 305 Morton LLC, an Oregon Limited Liability Company, recorded June 1, 2007 as Document No. 2007-026148 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 Exhibit 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 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 008124" 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"Easement Area"). Permanent Easement and Agreement Page 1 of 5 The width in feet of said strip of land is as follows: Station to Station Width on Southerly Side of Center Line "H"26+47.35 "H"26+70.00 30.00 in a straight line to 50.44 3. True and Actual Consideration: $1,280.00, the receipt and sufficiency of which the Grantor herby 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 5 IN WITNESS WHEREOF,the parties hereto have subscribed this instrument this 3 day of 6q/ 1 , 20/ 9 . GRANTOR: Marc D. Mezzetta, Trustee of the Marc D. Mezzetta Trust dated September 24th 2007 as to an undivided 94% interest and Alan R. Wells, Trustee of the Alan R.Wells Revocable Trust dated October 28 2011 as to an undivided 6% interest as tenants in common By: Marc D. Mezzetta, Trustee STATE OF OREGON ) ss. County of Jackson ) see c 4fa iLAQ J Dated ,20 . Personally appeared, and signed before me by, the above named Marc D. Mezzetta, Trustee of the Marc D. Mezzetta, Trustee of the Marc D. Mezzetta Trust dated September 24th 2007 as to an undivided 94% interest, who acknowledged the foregoing instrument to be his/her voluntary act on behalf of the Trust. Before me: Notary Public for Oregon • My Commission Expires: Permanent Easement and Agreement Page 3 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS COUNTY OF St„4-1 4) • On y - S ~ 19 before me, SL V,, ,,o e.-v Freeicr.✓icQ , Notary Public, personally appeared ma -c D, vvi --z e tl who proved to me on the basis of satisfactory evidence 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. WITNESS my hand and official seal. SUIVlMER FREELAND Signature (//L A�/�� �� N . y �Con./2155342 IJ P ►wuc.cAuroRNu N �"Iqi $OMOre CouNrr Mr Cow,Ear.Nor 30,2020" This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED I I GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: ?p/'NYJa ruort f ea Se ryi eo.r- NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American fide Company 11/2007 IN WITNESS WHEREOF,the parties hereto have subscribed this instrument this I Z day of ear; 1 , 20 11 . GRANTOR: Marc D. Mezzetta, Trustee of the Marc D. Mezzetta Trust dated September 24th 2007 as to an undivided 94% interest and Alan R. Wells, Trustee of the Alan R. Wells Revocable Trust dated Oct.ter 28 2011 as to an undivided 6% interest as enants in common =y: .r Alan •. Wells, Trustee STATE OF OREGON ) 62 xn )ss. County ofJefteet ) Dated 412 IT ,20 . Personally appeared, and signed before me by, the above named Alan R.Wells, Trustee of the Alan R. Wells Revocable Trust dated October 28 2011 as to an undivided 6% interest, who acknowledged the foregoing instrument to be his/her voluntary act on behalf of the Trust. Before me: �! aG c otary Public r Oregon G My Commission Expires: yan, f l 2.0 STAMP EI ISA OFFICIAL KENNEL�Y.GARCIA ■orARV PUBLIC-OREGON COMMISSION NO.946624 MY COMMISSION EXPIRES JANUARY 19,2020 Permanent Easement and Agreement Page 4 of 5 GRANTEE: CITY ACCEPTANCE (ORS 93.808); CITY OF ASHLAND, OREGON By Kel y Madding, ity Ad rator STATE OF OREGON ) )ss. County of Jackson ) Personally appeared before me this 2 day of May , 2019 , 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 Notary ublic for Ore go IL,$:' �w NOTARY PUBLIC-OREGON My Commission Expires: l012q/2022 �`n� COMMISSION NO. 880629 MY COMMISSION EXPIRES OCTOBER 28,2022 Permanent Easement and Agreement Page 5 of 5 EXHIBIT A-Page 1 of 1 File 001 Andrew Silbernagel-OBEC 12/19/2018 Permanent Easement for Sidewalks A parcel of and lying in Lot 7 of Block 10 as shown on the official map of ASHLAND, OREGON,adopted by the city council of said city on November 5,1888,in the City of Ashland,Jackson County,Oregon,said parcel being a portion of that property described in that Statutory Warranty Deed to Marc D.Mezzetta,Trustee of the Marc D. Mezzetta Trust dated September 24,2007 and Alan R.Wells,Trustee of the Alan R.Wells Revocable Trust dated October 28,2011,recorded October 01,2018 as Document No.2018-030608 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 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"26+47.35 "H"26+70.00 30.00 in a straight line to 50.44 EXCEPT therefrom that portion of said property lying within the existing right of way of Hersey Street. 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 described in that Public Parking and Pedestrian Easement for City of Ashland recorded September 15,2006 as Document No. 2006-046901 of the Official Records of Jackson County,Oregon. Bearings are based on Survey Number 21,937 as filed in the office of the Jackson County Surveyor. This parcel of land contains 128 square feet,more or less,outside the existing right of way. REGISTERED PROFESSIONAL BLAND SURVEYOR I/ ORE MAY 12,2011 ANDREW JOSEPH SILOERNAGEL "7919© RENEWS: JUNE 30, 2020 SIGNED: _(L f.VZ.I,./Q_ EXHIBIT "B" / y, ,°. /q' F A9° 99$>R SF Fi % Y / s eye. g„ sTReFr 0p'' / w / 6jSS / 1309/ / , w % / es 0 % . , pcv % , / , % % •s1 • i yx r / % HIV % / Y % Aft 128 fiat %'; / 1 .0v Perm.Ease.- / % ,p c?i� Sidewalks i x Cy / • i' 41 Marc D.Mezzefa,Trustee i ov 2 % % of the / & rI- / OO Marc D.Mezzofta Trust(94%)and % / x �'Alan R.Wells,Trustee i Q�! ow II wo of the % /Alan R.Welts Revocable Trust(�6%) % �kc/�/ 60©t Doc.No.2018-030608 S % Perm.Ease.- I �Otiko / / V Sidewalks Qo * J •%/ w ti, x BAGLEY CANNING CO. tiit.r o�0 / % �o�y° p� Volume 165,Page 529 Qa / / (1/J / 130 Aibc, ODB 4 / N / REGISTERED \\ i % PROFESSIONAL \ i, % LAND SURVEYOR , t i k airf I MAY 12,2011 SCALE I"= 30' LEGEND: ANDREW JOSEPH SILRERNAGEL g79198 L Permanent Easement- Sidewalks 30 15 0 30 128 sq.ft.+/- SIGNED: _alit/LOJH6 FEET CITY OF ASHLAND, OREGON Road Hersey Street CONSULTING Project Hersey Street Sidewalk: N.Main to Oak Street ' • . ENGINEERS County Jackson Scale 1" = 30' ® wnnrolecmm File 001 Date December,2018 SKETCH MAP I U,- obi ZJ1'7 1u; .=1 (Lir'y'yt (UO rmur_ x111 ul Epic Land Solutions, Inc. 10300 SW Greenburg Rd, Suite 370 Portland,OR 97223 Assignment of Proceeds City of Ashland 20 East Main St. Ashland,OR 97520 Project Name: Hersey St. Reconstruction File Name: Mart D. Mezzetta Trust and Alan R.Wells Revocable Trust The undersigned assign(s) and transfer(s)to: Name: Wells Investment Properties, LLC Address: 202 NW 6th Street Corvallis,OR.97330 One Thousand Two .undred El, t and 01100t s Dollars $1,280.00 due from the City of Ashland in connection with the sale of certain real property rights to the City. `7- vim _ MarlcD. Mezzetta,Claimant --": ate . 4 a/a.ela- 4-232019 Alan R.Wells,Claimant Date CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.epleland.com 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. Wells Investment Properties, LLC 2 Business name/disregarded entity name,if different from above 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 rofollowing seven boxes. certain entities,not individuals;see instructions on page 3): o ® Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate single-member LLC Exempt payee code(if any) 0.u ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► , 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 H 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 an c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other(see instructions)■ (Applies to accounts maintained outside the U.S.) fA 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 202 NW 6th st. 6 City,state,and ZIP code Corvallis, OR 97330 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 TIN, later. 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 Signature of 4/CaP a /t" Here U.S.person D. Date 4-23-2019 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) Epic Land Solutions, Inc. itor 10300 SW Greenburg Rd, Suite 370 Portland, OR 97223 April 2,2019 Mark D.Mezzetta Trust Alan R.Wells Revocable Trust 202 NW 611'Street Corvallis,OR 97330 Dear Marc and Alan: SUBJECT: Offer of Settlement City of Ashland-Hersey Street Reconstruction Part 2 255 Heiman St.,Ashland,OR 97520 You were presented with an offer of just compensation from the City of Ashland on December 20,2018. This letter serves as an offer of settlement from the City of Ashland in the amount of$1,280.00. The City's offer for the purchase of property rights was as follows: Permanent Easement:128 SQ FT $500.00 Total: $500.00(Rounded) The City's offer of settlement is based on the following: Permanent Easement: 128 SQ FT $500.00 Settlement: $780.00 Total $1,280.00(Rounded) If you accept this settlement offer,please sign and date this letter,the enclosed Permanent Easement and W9. Once the City receives the signed documents,final closing and disbursement will be performed by the City of Ashland or a qualified Title company.Payment will be made available to you after closing. If you have questions,please contact Carol Hager at 503-336-9515 or via e-mail at chager @epiciand.com. Sincerely; City of Ashland I accept the City's offer of settlement as set forth above. /f2 Date: Marc D.M- zetta,Trustee 1)//2/./7 r� ■ Date: Alan R. ells,Trustee II