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HomeMy WebLinkAboutGranite_233_PA-A-2022-00184CITY OF February 4, 2022 ASHLAND Rogue Planning and Development 33 Central Avenue, Suite 213 Medford, OR 97501 RE: Property Line Adjustment PA -A-2022-00184 for 233, 237 & 243 Granite St., 39 -IE -08 -DA tax lots 1300, 1401, and 1505 Dear Rogue Planning and Development, On February 1, 2022, the Planning Division reviewed and approved your request PA -A-2022- 00184 for a Property Line Adjustment for the properties located at 233, 237 and 243 Granite St. The review finds the following: 1. The proposed property line adjustment does not create any non -conformities with regard to the Land Use Ordinance including lot cover -age, setbacks, and lot size. 2. That a Physical and Environmental Constraints Permit for Hillside Development shall be applied for and approved for any alteration of land or construction in areas over 25 -percent slope in accordance with Ashland Municipal Code (AMC) 18.3. 10. 3. That at] new construction will be strictly limited to areas of slopes of less than 35 -percent. 4. The applicant may be required to have a licensed Surveyor prepare a slope analysis prior to any new construction to determine the buildable area. 5. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 6. This approval is valid for 18 months, arid a Final survey shall be submitted within that time period, Please note that Property Line Adjustments do not become final until a final plat is signed by all affected parties, approved and signed by the Conirriunity Developrnerit Director, and recorded at the Jackson County Assessor's office, If you have questions, please contact me at either aaron.atidcrsonf jash lqnd.Or. LIS or (541) 552- 2052, Aaron Anderson CFM, Associate Planner Planning Division, Department of Community Development Cc: property owners of record file DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 AnIshland.Or LJIS man P11rFAi& ZONING PERMIT APPLICATION Planning Division 51 Winbarn Way, Ashland OR 97520 CITY o F ASHLAND 541-488-5305 Fax 541-488-6006 FILE # DESCRIPTION OF PROJECT Property Line Adjustment DESCRIPTION OF PROPERTY Street Address 233 Granite Street Assessor's Map No. 39 IE 08AD Zoning R-1-10 APPLICANT Pursuing LEEDS Certification? © YES R NO Tax Lot(s) 1 300 Comp Plan Designation Single Family Residential Name Rogue Planning & Development Services, LLC Phone 541-951-4020 E -Mail Address 1314-B Center Dr., PMB4457 PROPERTY OWNER Name Heidi Leverenz Address ...233 Granite amygunter.planning@gmail.com city Medford Zip 97501 Phone 541-261-8116 E -Mail leverenzheidi@gmail.com City Ashland Zip 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Surveyor Name Hoffbuhr & Associates Phone 541-779-4641 Address 880 Golfview Dr., Suite 201 Title Name Phone Address city Medford City E -Mail darrelh@hoffbuhr.com Zip 97501 E -Mail Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct t understand that all properly pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that l produced sufficient factual evidence at the hearing to support this request 2) that the findings of fact fumishedjustifies the granting of the request; 3) that the Findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. if 1 have any doubts, I am advised to seek competent professional advice and assistance. Agag--&" 12,3021 Applicant's Signature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. Property Owner's Signature (reVi ed) [To be campleled by City StA t Date Received t t� Date Zoning Permit Type RA Filing Fee $ Lip , 5b OVER // G.lcomm-deviplannin,lFomis & i- IandoveslZcning Permit Applicaiion_doc ZONING PERMIT SUBMITTAL REQUIREMENTS H APPLICATION FORM must be completed and signed by both applicant and property owner. u PLANNING FEES FORM must be completed and signed by both applicant and property owner. 0 FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. F11 TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. o FEE (Check, Charge or Cash) LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions, G: con mAev%pimmin-,SPomis & Hmidouts2aning Permit Application.doc Plant -ting Division ZONING PERMIT APPLICATION CITY v r 51 Wrnbuni Way. Ashland OR 97520 ASHLAND -541-488-5305 Fax 541-48841006 FILE #� DESCRIPTION OJEC Property Line Adjustment DESCRIPTION OF PROPERTY Street Address 237 Granite Street Assessor's Map No. 391 E 08AD Tax Lot(s) Zoning RR -.5 APPLICANT Comp Pian Designation Pursuing LEEDO Certification? ❑ YES 8 NO 1501 Residential Name Hogue Planning & Development Services, LLC Phone 541-951-4020 E -Mail amygunter.p)anninig@gmai1.Com Address 1314-B Center Dr., PMB#457 city Medford Zip 97501 PROPERTY OWNER Name Joan Porter Rev. Trust Phone 0L4q-"_14—E-Mai1 JO a n(A> t'-fi` «r" b►' Address � � 57 (- r,3K fzr_ St City4W� Zip• SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Surveyor Name Hoffbuhr & Associates Phone 541-779-4641 E -Mail darrelh@hoifibuhr.com Address 880 Golfview Dr., Suite 201 Title Name r*. city Medford Phone E -Mail City Zip 97501 Zip 1 hereby cerdiy that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in alt respects, true and comct, 1 understand that all propertypins mustbe shown on the drawings and visible upon the site inspection. In Me event the pins are not shown or their location found to be incorrect the owner assumes full responsibility, t further understand that if this request is subsequently contested, the burden will be on me to estabish., t) brat t produced suftient factuaf evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request 3) that the findings of fact furnished by me are adequate; and further 4) that all structures orimprovements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being buill in reliance thereon being required to be removed at my expense. W have any doubts, t am advised to seek competent professionaf advice and assistance. �iy 1.13.2022 Applicanf s Signatuili Date As owner of the prope in olived in this request, I have read and understood the complete application and its consequences tome as a property weer. �4 Propertys Signature (required) Date fro be campletea by Qty slaq Date Received Zoning Permit Type Filing Fee OVER N GA—=-&0p1=u%IPams & Hu &tttsSZ=T Pear t Applioatlondoc pla Planning Division ZOG PERMT ACA InA NINIPPLITION lil 51 Winburn Way, Ashland OR 97520 CITY Of FILE -ASHLAND541-488-5305 Fax 541-488-6006 # : DESCRIPTION OF PROJECT Property Line Adjustment DESCRIPTION OF PROPERTY Street Address 241/243 Granite Street Assessor's Map No. 391 E 08AD Zoning R-1-10 APPLICANT Pursuing LEED@ Certification? 0 YES 9 NO Tax Lot(s) 1401 Comp Plan Designation Residential Name Rogue Planning & Development Services, LLC Phone 541-951-4020 E -Mail PROPERTY OWNER Name Daniel & Andrea Wei�ner CityAlledford zip 97501 Phone E -Mail d'rdanweiner@gmail.com City Ashland Zip 97520 SURVEYOR, ENGINEER,, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Surveyor Name Hoffbuihr & Associates Phone 541-779-4641 E -Mail darrelh@hoffbuhr.com Address 880 Golfview Dr., Suite 201 city Title Marne Phone Address City E -Mail Zip 97501 9111 I hereby certify that the statements and information contained in this application, inducting the enclosed drawings and the required findings effect, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their` location found to be incorrect, the owner assumes full responsibility. I further, understand that if this request is subsequently contested, the burden will be on me to establistr, 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate,, and further 4) that all structures or improvements are propeily located on the ground, Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense,. If I have any doubts, I am advised to seek competent professional advice and assistance 1.5,2022 -7 711�1 -------- App I i cant'i(Si dnature Date As owner of the property involved in this request, / have read and understood the complete application and its consequences to me as a property owner, ........................ Property Owner's Signature (required) Date [Fo be completed by City Stafft Date, Received Zoning Permit Type Fling Fee $ & 11andcwsVoning PeTml Applica6c,n doc ZONING PERMIT SUBMITTAL REQUIREMENTS IJ APPLICATION FORM must be completed and signed by both applicant and property owner, L1 PLANNING FEES FORM must be completed and signed by both applicant and property owner. 0 FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. n TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. * FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued, NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions, GAcomm-&vlplat ingTomrc& HaidoutAZaning Permit Application dx Property Line Adjustment lqw ROGUE PLANNING C DEVELOPMENT SERVICES, LLC January 13, 2022 Request for Property Line Adjustment between three parcels of record located on the west side of Granite Street in Ashland, Oregon Property Owner: Heidi L Jacobson Family Trust Heidi Leverenz, Trustee 233 Granite Street Ashland, OR 97520 Map and 'Fax Lot: 39 1E 08 DA; Tax Lot 1300 Property Owner: Daniel and Andrea Weiner 243 Granite Street Ashland, OR 97520 Map and Tax Lot: 39 1E 08 DA; Tax Lot 1401 Property Owner: Joan M Porter Rev. Trust Joan M Porter, Trustee PO BOX 5868 Carmel, CA 93921 Map and Tax Lot: 39 1E 08 DA; Tax Lot 1501 Address: 237 Granite Street Applicant: Rogue Planning & Development Services, LLC Amy Gunter 1314-B Center Dr. PMB#457 Medford, OR 97501 Surveyor: Hoffbuhr & Associates 880 Golf View Drive, Suite #201 Medford, OR 97504 January 12, 2022 Page 1 of 5 The request is to allow for a Property Line Adjustment (PLA) of the three legal lots of record. The three properties are on the west side of Granite Street south of Strawberry Lane and Granite Street intersection and north of Winburn Way and Granite Street intersection. The three properties proposed for PLA zoned R-1-10 and RR -.5. he three properties are occupied by residential structures and their associated outbuildings. The three properties part of this application are presently accessed via a shared, private driveway. This driveway is non -conforming, the PLA does not increase this non -conformity. There are structures near the property lines to be shifted, increasing the setbacks. There is a carport to the west of 243 Granite Street that will have an increased setback. The setback from the accessory structure adjacent to the east property line will also be increased. The properties are in the Hillside Overlay and there are areas of Severe Constraints, The intention is to reduce the amount of hillside disturbance by eliminating a potential new lot and instead incorporating that area into the properties at 237 Granite Street and 243 Granite Street. No development would be permitted in the areas of severe constraints, Findings of fact addressing the criteria for a property line adjustment are provided on the following pages. The criteria from the Ashland Municipal Code, Land Use Ordinance are provided in Tirnes New Roman font and the applicants findings in Calbri. January 12, 2022 Page 2 of 5 Findings of Fact AMC 18.5.3.120. Property Line Adjustment A. Submission Requirements. All applications for Property Line Adjustment shall be made on forms provided by the City and shall include information required for a Ministerial review, pursuant to section 18.5.1.040. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the sul?ject lots; location of lands subject to the Ashland Floodplain Corridor Overlay; existing fences and walls; and any other information deemed necessary by the Staff Advisor for ensuring compliance with City codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots. Finding: There are three properties seeking property fine adjustment. This application is time sensitive and there has not been a ground survey of the impervious surfaces and building footprints of 237 Granite Street (TL1501) nor 245 Granite Street (TL 1401). The lot areas are substantial and in the case of 245 Granite Street (TL 1401), setbacks, lot coverage area and lot dimensional ratios are increased with this requested property line adjustment. There is detailed survey information of 233 Granite Street (TL1300) which is the only parcel being reduced in area. The lot coverages are summarized in the approval criteria below. It can be found that there is adequate information in the Exhibit Map for Property Line Adjustment from Hoffbuhr & Associates, Inc. Land Surveyor to provide direction on obtaining the final survey plat and a detailed summary of coverages and setbacks will be provided. B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria. 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. Finding: There are no new or additional parcels, or lots created by the property line adjustment. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. if a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). January 12, 2022 Page 3 of 5 Finding: All of the lots generally conform to the applicable zoning district in which they are located. Non -conforming items such as lot depth to width ratio, number of.lots accessed via a private driveway, setbacks, are made more conforming or are not impacted by the property line adjustment. Creation of `developable' area is not intended as this property line adjustment eliminates the proposed partition of 233 Granite Street. 233 Granite Street 39 1E 08 DA; Tax Lot 1300 Zoning: R-1-10 Existing Lot Area: 47,078 SF Proposed Lot Area: 19,849 SF Lot Width: 80.95 -feet Lot Depth: 185.05 -feet Lot Coverage Proposed: 5,971 SF 237 Granite Street 39 1E 08 DA; Tax Lot 1501 Zoning: RR -.5 Existing Lot Area: 138,582 SF (3.18) Proposed Lot Area: 151,726 SF (3.48) Lot Width: 351.83 -feet Lot Depth: 432.44 -feet (average) Lot Coverage Existing: 14078 Structures: 5,678 Asp ha It/Concrete:8400 Lot Coverage allowed: RR -5 zone: 27,716.4 SF No new coverage in the R-1-10 zone. Additional lot area is R-1-10 zone. Dimensionally considered separate from the RR -5 portion of the property for lot coverage purposes. The coverage of the additional lot area (13,144 SF) allows 5,257.6 square feet of coverage area. 243 Granite Street 39 1E 08 DA; Tax Lot 1401 Zoning: R-1-10 Existing Lot Area: 11,872 SF Proposed Lot Area: 25,957 SF January 12, 2022 Page 4 of 5 Lot Width: 176.36 -feet Lot Depth: —178` (average) Lot Coverage Existing: 14078 SF Structures: 2,837 SF Asphalt/Concrete: 1,510 SF Lot Coverage allowed: RR -5 zone: 4,347 SF This lot is presently non -conforming lot width to depth ratio, the PLA create a conforming lot depth to width ratio. 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Finding: The parcels are presently accessed via a private driveway that has easements provided to each existing parcel. The number of lots accessed from the driveway is presently non -conforming, this property line does not increase the number of lots accessed via the private driveway. The easement for the driveway exists, changes to it to provide mutual access, maintenance, and other legal protections common for shared driveways. Attachments: Aerial Map of properties with access to private driveway Driveway Easement Document (to be modified for clarification of use and maintenance) Proposed Property Line Adjustment Plat January 12, 2022 Page 5 of 5 v/0014 Z 4N gjl, /R t aw N, I I, 1-'�,/,y We ro, , v j I v r 9 z % d Y� Al' f a. ..... . . .. no > 5 lwli�ll :3: on 6, M ony t t 0 CN 'Y P5, 0 M P, 100 % E 0, > R 170 F IM4 F pqor - u r.K; g MINES',, nv, ASII lr a) E W, A 2 WIN IMF IlIP/11 'ell W/ �e V omp At" :7- E `"*T cn .0 y 'a 'P, ROW", 2'' A 0 "4� i,, lws/i NOR j q I AN T %plfg. Of 1p liTi , VA, "I "I" ";N V j & IJ M�,J 3 J -"Dom - ivow, N I k '0 . ..... P, U- FIN VA p A j % T r � 'M Ar, v Aa il r"W" n r ) Z;l Iz, � Y"' 1, N'k lyq, "d 'd 4 A a /% W" wm 31 "M 0 MR 4 Aff""'M F m p rg"V, 4 x ev/ g e, 2 v SO gp4 j ONiA ( it vri/ " p llv O h 6 2L "Al � 1, �, �,, " 'T) ul q V,l h -gw la A)g w"'r, "I O"vIx" -J, v 75A .7" "lip R a 5 A&' d 'A k, 'An VMS wr, gyp;. j, 5 Jia w', o/ 4"' Q0 �gl ji", '7 IVII NO g-, a . . . . . . . . . . . K/ o / . . . . . . . . . . IZ o J"N"'), R M, Q pl'� ow" "No ul 'a" Opff) 'Oo 7 F, a 411 -V , , z g/"/".. p , % ii 00 leilifl' , , , IN/ 'j/ g -, w", 1,_ rtrr 40 a, x, s' aVIVO,! "'d % f w M x 'ifil", 0 4 IYA R,P 4�" 5 Foq" P" � �, f,rl, ", , wl-'ro" v a, Afi;Cl X e, IL ""1"/, 1, 11 WJ , v 00, 'o, ;4 A, �ew "al " rzl 15 �K 4 CD LL ccr ff mei voilw n 0 CD �2 CN CD CD CN CD M 88-11'33 © Z -N 3131 �, �l0•D(% EASEMENT WHEREAS, Adelaide S. Clary is the owner of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 East, Section SDA, tax lots 1500, 1501 and 1301, more particularly described on Exhibit "D" hereto and by this reference incorporated herein; WHEREAS, Sandra L. Rapp is the owner of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 East, Section 8DA, tax lot 1401, more particularly described on Exhibit "E" hereto and by this reference incorporated herein; WHEREAS, James Warren Straus is the owner of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 East, Section SDA, tax lots 700 and 702, more particularly described on Exhibit "F" hereto and by this reference incorporated herein. WHEREAS, Dori Appel iS the owner of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 East, Section BDA, tax lot 1600, more particularly described on Exhibit "A" hereto and by this reference incorporated herein; WHEREAS, Perry Prince is the owner of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 East, Section 8DA, tax lot 1801, more particularly described on Exhibit "H" hereto and by this reference incorporated herein; WHEREAS, Sandra L. Rapp formerly known as Sandra C. Mitchell and Adelaide S. Clary are the owners of the real property in Jackson County, Oregon, known as Township 39 South, Range 1 -1- EASEMENT 88—x.1'733 East, Section BDA, tax lot 1800, more particularly described on Exhibit "C" hereto and by this reference incorporated herein. FOR VALUABLE CONSIDERATION, ADELAIDE S. CLARY; SANDRA L. RAPP formerly known as SANDRA L. MITCHELL and JAMES WARREN STRAUS, Grantor, convey to DORI APPEL, PERRY 'PRINCE and SANDRA L. RAAPP formerly known as SANDRA L. MITCHELL and ADELAIDE S. CLARY and JAMES WARREN STRAUS, their heirs, successors and assigns, Grantee, a perpetual non-exclusive easement to use a strip of land 20 feet in width, the centerline of which is located across the property of Grantor. The legal description of said centerline is as follows: Beginning at a point on the West line of Granite street in the City of Ashland, Jackson County, Oregon, which point is 761.92 feet South and 336.28 feet West of the East Quarter corner of Section 8 in Township 39 South, Range 1 East of the Willamette Meridian in said Jackson County, thence West 195.05 feet; thence North 04043139" West 91.01 feet; thence North 8953155" West 136.45 feet; thence North 02°15105" West 20.00 feet; thence South 89°53155" West 217.16 feet to a point 10.00 feet East of, when measured at right angles to, the Easterly projected line of the tract of land described in deed recorded as No. 80-09073 of the official Records of Jackson County, Oregon; thence South 19,11'04" West, parallel with and 10.00 feet East of, when measured at right angles to, the easterly projected line and the easterly line of said tract, for a distance of 170.00 feet; thence South 24.°02'42" West 20.00 feet to the point of terminus of said centerline. The terms of this easement are as follows: 1. Grantee, their agents, independent contractors and invitees, shall use this easement for purposes of ingress and egress, for utilities and for a sewer. However, the existing rock walls and boulders located on the property of Grantor, Clary, -2-- EASEMENT 88--11133 and Rapp, formerly known as Mitchell, Exhibits "A" and "E" hereto, shall not be removed, disturbed, impaired or damaged. 2. Grantee agrees to indemnify and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of Grantee's use of the easement. Grantee assumes all risk arising out of its use of the easement and Grantor shall have no liability to Grantee or others for any condition existing thereon or hereinafter. However, Grantor agrees to grant or dedicate a public easement to the City of Ashland, Jackson County, Oregon, for any of said easements referred to herein if such an easement or dedication is necessary or required by the City. 3. Grantee shall be responsible for the installation, construction, repair and maintenance of said easement and to Pay all costs, expenses and fees associated therewith pro -rata. 4, This easement is appurtenant to Grantee's property, which is described as follows: See Exhibits "A, „g"l t'C"l "p" " and F" attached hereto and by " this reference incorporated herein. S. The servient estate to which this easement is appurtenant is the property owned by Grantor, which is described as follows: See Exhibits "C]", "E" and "F" attached hereto and by this reference incorporated herein. 6. All Grantors expressly reserve an easement for themselves, their heirs, successors and assigns, over and across their property, Exhibits "c", "fl", "E" and "F" hereto for purposes of ingress and egress, utilities and sewer. -3- EASEMENT :e 88-11733 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this this � - day of ' 1986. Adelaide S. Clary STATE of OREGON )ss. County of Jackson } Personally appeared the within named Adelaide Clary, ani..•, acknowledged the foregoi g instrument to be her voll untary atQ�d 0 y� , 1968. ;. deed. Before me this of �,t day = Notary Pun z for Oregonk 1��a r My Commiss Expires:{ •,..F.n•w-.r -r3fJ STATE or, OREGON'. ) }ss. County of Jackson ) Personally appeared the within named Sandra L. Stapp formerly known as Sandra L. Mitchell and acknowledged the foregoing instrument to be her voluntary act and deed. Before me t'. E) A40 day ofi�—r VVCM 33 Notary Publ for Oregon My Commiss' Expires;,+'yi STATE OF OREGON ) }ss. County of Jackson } personally appear( acknowledged the for�ec deed. Before me this/, -q- EASEMENT named James Warren Straus and nt, o be his voluntary act and 1988. Expires; I 8g-11'73 t Z t.'. theast quarter of Point on the f0est line of the N�rtlteast cptart of tate 5� dackstxl CowttY. at a 'Willatrette Aleridian in of paginnin9 39 South,' Range 1 East of lite West of the Fast quarter mance 5ectim 0 in Towns stip 20.15 chains West o, Whid, voint is 10 chains South and Smth 190 30' West 159.13 feet? ult� ast quarter of the Southeast �r Said-Sec thence East 422 feet., theatre int of begirtnir><I I Y]68.89 feet to a point rn tite west line of se 150 feet to the point -- pf Said Section; t}ence North along said line ; EfCEp!lt7G TurnEFROm the following- i West line of the Northeast quarter of the i Ucglnning' at a point on the Ren c 1 East RE Saukhcast quarter of Section 8 in Township OreSon,hwilichgis 10 chains 1 uarter, corner of said Sectionj j the tliilamette meridian in aacksle Country. 4 } 5oukh and 20.15 chains West of tloc East `i uarter of the Southeast thence and 322 feet; thence South 150 feet; thence west ]22 feet to a Ytnin[ on the hest line of. said Norkltcaal y quarter o{ said 5ectianl thence North along said line 150 feet to the point of beginning- 1?I i E 88-11733 ttp cing at a ppooint On the West rim of the Northeast y?�ter of the 5wtheast quarter E 'bf 5ectlrn tt 1 - south p 35 South, Range 1 Past of the Willamtte }Seridian, Jad�son ��ntY grerr0n, rfti� is l0 drains south w -Nd 20.3.5 chains,r�st of the£ast quarter Corner of said :section; thence Fast 299.0 feet, �' or 1esa, to '.9 point 25.0 feet Wrest of the Nncti'west ooerres of the tract described in Docure't No, W036B7 of the official Pemcds of Jackson for the true point of beginning: therrw continue East 25.0 feet to the €mtY, �of said tract; thence south 150.0 feet along the West lines of said tract North -Cost corner ,to the Southwest corner thereof; thence East along the South line of said tract, a to the .of 17.0 feet. +ft ar less, to the Swr}reast miner these0f; thence Bootie 24° West to the North liars of the tract descasiied in Oocrroent No. 72-12292 of the Official Ards of !Qkym ao,-ty, mayors; thence West along the North line of said tract to a point 135.0 deet East of fire West line af.the RNortheastr of the Sout?reast gumof said Sect.ixlr s y jBe thence North 301.04 feet; thence Fast 161.0 feet to a paint Seth of the true paint of I tr..ce fir 25.0 feet to the Point ' 0f�m?-cs9•. EXHIDL4TI- u i r �• EXHIDL4TI- Commencing at a point on the West line of the Northeast i quarter of the Southeast quarter of Section B, Township 39 j South, Range I East, Willamette Meridian in Jackson County, Oregon, Which point is 10 chains South and 20.15 chains West of the East quarter corner of said section; thence East 297 feet; thence South 25 feet; thence West 163 feet; thence South '301.04 feet; thence West 135 feet; thence North 326.04 feet to the point of beginning. I I 88--11'733 line Beginning at a point on the westerly rigteht of corne acommon of Granite Street, from which therter 39 South, Range 1 East to Sections 8 and 9 in Township of the Willamette Meridian in Jackson County, hence, bears North T61.92 feet and East 336.28 feet; from said paint of beginning, Northwesterly, along10h0 westerly right of way line thence Granite Street, feet; thence South 89°55 fest; thence3'55" West 185.0 South 04143159" East 10.0 feet. of bethenceNorth89°53'55' East 185.05 feet to the poirL g i gPginning at a 1" iron spike from which thRanuerleEastcorner thecommon to Sections 8 and"9 in Township 39 South, 9 bears the following Oregon, n m West Willamette Meridian in ackson € u tt8A.09 feet, North 04 43 39 four courses: North 8,9053'55,1Dint of beginning, 104.97 feet, North 89053'55" East , from said Poinandt North 00'flT'll" West 650.69 feet; thence, iron pin; thence North South 89°53'55" West 96.96 feet to Ll a iron pinthence. South 04'A3'39" West 101.41 feet to a 518 iron pin'; thence South 9.13 feet} 89'53'55." West, 376.65 feet to a 5/811 9 West 1a°i1,04° West 159.13 feet (Records -02-42" West 192.705feet to a §/8" iron pin; thence South 2"°tu a 518" irnn pin; thenCe thence north (Retard South 249 West 192.90 feet} Dint North`89°53t55t" East 225.366feetl feet (RecordoNorth8222n.7nfeet) to the P 00'07 11 Wes of beginning: 1 ' 66 (nn/ ine between tions I nd Comn% ncing at 4 point On thelSection East ollthe WillamettoeMeridian ain 1 he I. Tovuship 39 Snuth,Of North- Jackson County. Ocegan, which point is 4.94 chain■ South theetHorth- auarcer Corner common to aaitl sections W::lGypoint Kitchelllnand Vilw to cast corner of 10 Acre tract meedrd by nuddick recorded in Volume a. Page 236, Deedine Records 47L Jackson �nunty, Oreyon). thence blest along the north line of ■aid theaC 1_R3 chnlns to a point !n the center of Granite Stxn�iiQnc.�reiity ref As+l1snntl, ies Jackson County. Oregon, thence along )Joe, South 5'30' Fast 1.61 chain■ to the true ilnpoint of haginningi thrsirn West iOR_30 feat: thtnce South 227.27 feet to the south line of tract described In VOSUme 700, page 33, said Deeof d it'GGordii tStree Street 1-art Aid 9 meldiline enI 11ns, POrth79 - 14 fast tothe 5 30. We tcantor 11223 74fast ttSto thence along true point of i,sginning. ExCEPTLNC THEREFRONt Beginning et s S/8' iron pin from vhRAng: Ore an, tears the 114 corner caacraan to SsctYone R and 9 in Township 90 South, North 1 east, Wil:aertte Y.srldian inhJack 1r'39,.West 232.17 lasiti following three aotivzzot 89'53'55' root 346.43 tooth and North South 789'53i'S5' West 91.36 thanca from said point of be ginni6auth 00'07'11' Erst 98.00 feet ' fast to a 5/a' iron pini thence, Gs, to a 5/8' iron pins chance, Horth 84'53'55' 106.76 feet to • 5in /1' iron pin on the i+asterly right of way line o! °thence,sNorth D4' rhe City of Ashland in Jackson County J2 [e+t to the paint 43'39" Nest along ■aid right of way of beginning- (code 5-1, Account 11-65576-3, Map 1391E8DA, Tax Lot I1�01) . 88-'11'733 f. PARCEL 1; Beginning at a point on the Westerly Hna of ' �nhnd t, r•r mil Counly. iGrumte arrBsr ur ,,,a .,••r �...- ..- ._ ,_ _ ... _. .. Oregon, 10.0 theme South and 5.62 cnntns 3t til the quarter Section earner between Sections a and 9 in Township • ' 39 South, Range I East, iVlllametle Mefldtan, lack5nn County, Oregon; mance North Su 30' %Vest, along the IYestt[ly line of Cranite Street, 174.0 feet; thence West. 173.£1 feet; thence North, 159.0 feet; thence %Vest, 719.0 [eel; thence Sou111 727.0 feel It, a paint ri'esl of lne point - ' a[ beglnntng; inenco East, 904.0 tees to the palm at - - be9lnning. EXCrPT1NG THEREVIOM lite following: Beginning at a potnt 1 660.0 [But South and 370.9 feel West of the quarter Section - '. corner between Sections 8 and 9 1n Township 39 South, Range I East, Willamette Meridian, lacksun Counly. Oregon. said - prrint being .11the IVCSlclly Ilno of Gromit Sircct IIS Inc _ Clty o[ Ashland. Orego;If tnence Norinweslerly along the _ ` 1Vcslarty line of Granite SUM 120, o [ect to tilt true pu lni of beghmIng; thence canlinue Northwesterly 50.0 feet; tnence %Vest 171.0 Iceq thence Not ul 159.0 lee l; 0"0'" - West IB7.9 feet, thence South 709.0 feet; thence East , _ ]61.0 feet, n=ufe or ter s;tn the ttue point o[ beg IAning. ALSO E%CE-p71NG l [IERErnoM that purunn lying wllnln the - boundaries of the following destrtbed tract: - 0egtnning at a pilin[ 49 links South of tnc Suuthwest cnrner - of fist 2 In Section S, Tuwnsnip 39 Suutn, Range 1 test, Wllfama UC Merldlon, laeirsun County, oregon; thence South . II. 96 chants; thence fast 61-7G feel; thuuce Nurm 1' 36' - rasl, 591.59 leer; 111c4lce West 1.21 chains to Inc point of beginning. ALSO EXCEPTING THERMOM the [ollow'lng: ' 0091nnioq at a polnl un lire Westerly line of Ctanite Street In Intl City u[ Ashland, lacksOn Counly, Oregon, 10.0 cha€ns - South and 5.62 cnalrts West of the quaver Section earner _ between Sections 8 and 9 In Ynwnsn1p 39 Sa0lt1, Range i - i P]'ast, %Y fllaa,ette Merldlan, fncksnn County, oregon; tnence Vest, 175.0 feet; thence Nartn 99.54 feel; Inence East 165.46 feet to lne Westerly line til said Cranite Slfeel; tnence aiung Sa W siiezt, Santo 5° 30' Eyst, 1011.0 leer to Ine paint of ibeglnn1e . ' 6fi4.00 feet south Commencing at a point on the west COerly line of Granite Street n k the City of Ashland, Jackson Gautier, oregon, and 370.92 feet west of the Quarter Section corn" East tOfmthe to Sections 8 and -9 in Township 39•South, pre9on, thence West, I Willamette Meridian in Jackson County, thence Horth, 79.54 175.00 feet to the true point of beginning; feet; thence West, 146.50 feet; thence South 79,54 feet; thence g. East, 146.50 feet to the true paint Of,�1 9 Jackson C..v,Chegoa Ramided 0MCM RECORDS JUN 17 1988/fix KATHLEEN S. BECUTT CLER R RUER f B D„yuni �� EXHIBIT-- F-- CD O3: N N — — — i J J �r-I � Wr�acu taxa+ W m. •. V /� V U Y V) o I�� 8 o g o v4 cQ� 88 NWn Wmv<pW W age F NVgqI X�X V:N x� fI1W Q K O W Nor H pl-m OWF'- Frgor<.WC�{Y�? 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