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HomeMy WebLinkAbout1994-152 Easement - Cowger94--10318 COVER SHEET FOR NAME OF TRANSACTION: NAME OF PARTIES: DOCUMENT TO BE RETURNED TO: TRUE AND ACTUAL CONSIDERATION: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO: RECORDI~iG ATTACHED DOCUMENT Roadway a~ Pedestrian Easement Agreement: Grantor: W liam C. & Karen D. Cowger Grantee: Cty of Ashland Grantee: R 3derick J. & Brooks D. hewton Grantee: S3uthern Oregon State College Grantor: R(~derick J. & Brooks D. Newton Grantee: ity of Ashland Grantee: . uthem Oregon State College Grantor: Edward and Christine Reed Grantee: City of Ashland Grantee - Southern Oregon State College Grantee- qoderick J. & Brooks D. Newton Grantor - Southern Oregon State College Grantee - City of Ashland Paul Nolte, City Attorney City of Ashland 5~, 20 East k ain Ashland, OR 97 !. N/A N/A NOV :6 PAGE 1-COVER SHEET FOR RECORDING ATTACHED 94-40318 DATE: June 17, 1994 PARTIES: State of Oregon acting by end thnxigh the State Board of Higher Educalion on behalf of Southern Oregon State College ~"College"), City of Ashland ("City") including the City of Ashland Parks Commisson ("Parks Commission"), WIlliam C. Cowger and Karen D. Cowger ('Cowgem"), F, oderick J. Newton and Brooks D. Newton ('Newtons') and Edward Reed and C hristine Reed ('Reeds'). RECITALS: A. Cowgem are the owners of property des 'bed on the attached Exhibit "A". [This property is further referred to in this agreem~ as "the Cowger property'.) B. Newtons are fie owners of property desdribed as TRACT B on the attached Exhibit "B". (This property is further referred~:to in this agreement as "the Newton property".) C. Reeds are the owners of property descri.l~ed Exhibit "B". (11qis property is further referred~to as TRACTS C and D on the attached in this agreement as "the Reed D. City is fie owner of property described a~ the Northwest quarter of Section Township 39 South, Range I East, VVillarnettq Meridian, Jackson County, Oregon. (This property is furttler referred to in this aghHmnent as 'the City property'.) o property".) F. Pursuant to an agreement entitled "Memorandum of Understanding and Exchange Agreement" dated January 10, 1993, the partjss agreed to create a roadway easement dascdbed on the attached Exhibits "D-1 ", "D-2" and "D-3" and a pedestrian easement described on the attached Exhibits "E", "F" and "G" and to use these easements as sat forth in this agreement entitled "Roadway and Pedesb'ian Easement Agreement." 1. Grant of easements by Cowger: 1.1. Cowgem grant to CIty, Its successor and assigns: This easement shall be for road purposes only to provide access for the City and its Park Commission, their officers:, employees, agents and contractors for purpose of transportation of personnel~ equipment and supplies as needed in PAGE I of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT 94-40318 management and maintenance of fie City property and lands owned, controlled or acquired in the future by fie City or~!its Parks Commission adjacent to such property. Nothing contained in this easement shall be construed as providing for the creation of a public way or city street or for the allowance of parking on the roadway or access for habitable ~i~ uctUres. 1.2. Cowget grant to Newtons, their Successor and ssslgns: A non-exclusive easement over and across an existing roadbed which is described on the Exhibits "D-l" and "D~2". 1.3. Cowget grant to College, Its sbccessor and assigns: A non-exclusive easement over and across an existing roadbed which is described on the attached Exhibits "D-1 ' and. "D-2'. This easement is for the purpose of pr 'ding vehicular and pedestrian access property. 2. Grant of easements by Newtons. 2.1. Newtons grant to CRy, It8 mr and reigns: 2.1.1. A non-exclusive easement over and across an existing roadbed the centedine of which is dascdbed on !the attached Exhibit "D-3". This easement shall be for road purpo~ only to provide access for the City and its Park Commission, their officers;~ employees, agents and contractors for purpose of transportation of personnel,: equipment and supplies as needed in management and maintenance of the City property and lands owned, controllad or acquired in the Mum by the City or its Parks Commission adjacent to such property. Nothing contained in this easement shall be construed as providing for the creation of a public way or city street or for the allowance of parking on the roadway or access for habitable structures. PAGE 2 of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT 94-40318 2.1.2. A non-exclusive public p~lestrian easement over the strip of land described on the attached Exhibit "E". ;'This easement is for the purpose of providing pedestrian access for the public to and from the City property. 2.2. Newtons grant to College, Its secceMor and assigns: A non-exclusive easement over and ac' ss an existing roadbed the of which Is described on the attached ~it *D-3". centsdine i This easement is for the purpose of pr ing vehicular and pedestrian access 3. Grant of easemerle by Reeds. 3.1. Reeds grant to City, Its 8uccmor and esNgns: A non-exclusive easement over and ~ces an existing roadbed the cente~ine of which is de"~ribed on the attached Exliibit "D-3". This easement shall be for road pu._rl~;?~__ only to provide access for the City and its Park Commission, their officers~i employees, agents and contractors for purpose of transportation of personnel,:i equipment and supplies as needed in Nothing contained in this easement shell be construed as providing for the creation of a public way or city street or for the allowance of parking on the roadway or access for habitable structures. 3~. Reeds grant to College, its suc~aor and assigns: A non-exclusive easement over and ac~:~ss an existing roadbed the centsdine of which is described on the attached Exhibit "D-3". This easement is for the purpose of prqviding vehicular and pedestrian access to and from City property for the College for transportation of personnel, students, equipment and supplies as needed for study and research in City property. 3.3. Reeds grant to Newtons, ther successor and assigns: 3.3.1. A non-exclusive easement ,over and across an existing roadbed the centedine of which is descdbed on the attached Exhibit "D-3". This eesement PAGE 3 of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT 94-40318 e shall be for road purposes only to prodfide ingress and egress to the Newton property for Newtons, their agents and invitees. 4. Grant of eaeements by College. 4.1. College grants to CIty, its sumors and easigns: An easement in gross over a strip of land 12 feet in width described in the attached Exhibit "G' along the soutt~ boundary of the College property. This easement is for the purpose of providing a vegetation buffer between the College property and the Cowger propi~rty and for pedestrian access to and from City property for the public. At s~ch time as City shall dear or construct a pathway through the easement, it shall:' be constructed not more than three feat in wid~i,, where practicable, and along the northerly boundary of the easement An easement in gross over a strip of lapd 3 feet in width along the easterly line City property for the public. 5. Road maintenance. 5. 1. Cowgem and Newtons, their succ maintain and shall share equally the cost and described on the attached Exhibits "D-l", "D-i maimenance work (meaning that type of wor~ mad, its grade and drainage structures and t{ unusual maintenance work (meaning that type sssors and assigns, shall equally maintenance of the roadbed which is and "D-3" as follows: Perform normal necessary to repair and maintain a keep them in a good usable condition); , of work necessary to correct major damage to the roadbed, running surfaces, ditches, cut or fill slopes which is not attributable to road use, such as a landslide, end which may require the use of spedal equipment to correct); and periodic malntenertme work (meaning that type of work necessary to correct a condition which has relsulted from road usage or has developed over a pedod of years, in order to provide adequate safety, prevent substantial damage to the road structure and to replace road surfadng-examples are resurfadng and roadside brush control) on that part of the roadway from Timberline Terrace Street through the Cowgar property, the Reed property and up to the driveway to any residence constructed on the Newton property. Should there be no driveway or residence on the Newton property, Cowgem and Newtons shall perform maintenance on the roadway up to · point not more than 534 feat from the northerly property line of the City property. Nothing in this section or this agreement shalliirequire Newtons or Cowgem, their successor and assigns, to maintain the pedestrian easements described in sections 2.1.1, 3, 4 and 2.1.2. PAGE 4 of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT 94-40318 northerly property line of the City property to Re end of maintenance by Cowgers and Newtons as described in paragraph 5.1. In addition, at times when the City shall use the road for heavy uses, such as legging, ha~ling, end construction, the City shall be responsible to perform road maintenance on the entire roadway affectad by such heavy uses. 6. Road Use RUIN. Each party shall refralr~ from use of the road located on the lands of the other, wherever such use would, ~,:because of weather, ground conditions or gross vehicle weight, damage the surface 0r subgradas of the road. In addition, each party shall refrain from use of the road ~vhenever such use would involve an unnecessary hazard or dsk of a fire to the otqer's propeffias. When such conditions exist, either party may temporarily suspend ~e right of the other to use the roads over its property by giving written notice to the roaCl user. Any such suspension must be reasonable under the drcurnstances then and there existing. 6.1. The parties may impose such maponable mad use rules or regulations on road segments on thek respectively owned lemds as ere reasonably necessary to provide safe traffic conditions, to prevent exceissive damage to roads and in general to protect the property of the lend owner. 6.2. Each party shall retain the dght tQ maintain locked gates or block the roadway by other means on roads located on its lands in order to limit the use of the roads for the purposes provided by this easement. Such barricades, however, shall not unreasonably interfere with the activities of the other. Keys to any locks shall be fumishad to the other party on request. 7. SIgns. City shall erect and maintain such i~signs as deemed necessary to indicate the route for pedestrians and to indicate no ~,blic vehicular access on the roadway. Prior to the erection of such signs and for any changes in such signs after erected, City shall consuit with Cowgem, their successors end assigns, as to the wording to be to be used on the signs. CITY OF ASHLAND: PAGE 5 of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT 94-40318 RODERICK J. NEWTON AND BROOKS D. NEWTON: EDWARD REED AND CHRISTINE REED: STATE OF OREGON, STATE BOARD OF HIGhHER EDUCATION SOUTHERN OREGON STATE COLLEGE: ~! Stated Oregon County of Jam PAGE 6 of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT · -.,, ."~ 94-40318 & S~ate of Oregon This Instrtene~ wam acknowledged before me on and Brooks D. Newton. s,,.e or oregon ,1994., by W. Rob MIler as vice N p a '/;'~(q') PAGE 7 Of 7-ROADWAY AND PEDESTRIAN EASEMENT AGREEMENT u,**,~4.,,,,~ z 94-40318 EXHIBIT A wExhlbit A" PROPERTY DESCRIPTION Property Line adjustment (Jackson County Planning and Development FIle No. 92-92-LLA) All that certain tract or ~parcel of land laying in the Southwest One/Quarter of Sectloni 15, Towns.hip 39 South of Range 1 East of the Willamette Base and ~ezldian, Jackson County, Oregon and being more fully described a) follows: COM}~ENCING at the One/Quarter corner common to Sections 15 a.d 16 of said Township a.d Ra.gS[ East- · t c for a distance of 1323.55 feet to a point of intersection of said East-West Centerline with the westerly Boundary line of the Timberline Subdivision as said Subdivision is found presently mbnumented and filed for record the day of July 28, 1964 and recorded in Volume 9 Page 45 of the Jackson County Record of Plats from which the Center-West One/Sixteenth corner of said Section 15 bears South 89 degrees 42 minutes 12 seconds East for a distance of 1.80 feet~ THENC~ leaving said East-WeSt Centerline, South 00 degrees 03 minutes 43 seconds East (South 00 degrees 03 minutes East Plat Record) along the westerly Boundary line of said Timberline Subdivision, as found monumented, for a distance of 687.60 feet to a point in the westerly Boundary line of said Subdivision for the TRUE POINT OF BEGINNING, from which a 1/2 inch by 24 inch galvanized iron pipe witness corner monument bears North 00 degrees 03 minutes 43 seconds WeSt for a distance of 10.63 feet; THENCE leaving said westerly Boundary line along a curve to the left having a radius of 32.00 feet and an arc length of 34.87 feet, being subtended by a chord of South 35 degrees 57 minutes 50 seconds West for a distance of 33.17 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument'bears North 85 degrees 15 minutes 00 seconds West for a distance of 10.00 feet; THENCE South 04 degrees 45 minutes 00 seconds West for a distance of 70.99 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears North 85 degrees 15 minutes 00 seconds WeSt for a distance of 10.00 feet; THENCE along a curve to the right having a radius of 107.56 feet and an arc length of 90.11 ~eet, belng subtended by a chord of South 28 degrees 45 minutes 00 seconds West for a distance of 87.50 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears North 37 degrees 15 minutes 00 seconds West for a distance of 10.00 feet~ THENCE South 52 degrees 45 minutes 00 seconds West for a distance of 193.02 feet to a point from which a 1/2 inch by 24 inch galvanized iron plpe reference monument bears North 37 degrees 15 minutes 00 seconds West for a distance of 20.00 feet; THENCE along a curve to the left having a radius of 32.00 feet and an arc length of 41.26 feet, being subtended by a chord of South 15 degrees 48 minutes 45 seconds West for a distance of 38.46 feet to a point from ~hich a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South 68 degrees 52 minutes 30_ seconds West foraY'distance of 20.00 feet; THENCE South 21 degrees 07 mitnutes 30 seconds East for a distance of 79.71 ~eet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South 68 degrees 52 minutes 30 seconds West for a distance of 10.00 feet~ THENCE along a curve to the left having a radius of 147.00 feet and an arc length of 128.28 feet, being subtended by a chord of South 46 degrees 07 minutes 30 seconds East for a distance of 124.25 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South 18 degrees 52 minutes 30 seconds West for a distance of 10.00 feet; Page lof 2 94-40318 distance of 19.23 · n c inch by 24 inch galvanized iron pipe reference monument bears South 18 degrees 52 minutes 30 seconds WeWt for a distance of 10.00 feet; THENCa along a curve to the ~ight having a radius of 58°00 feet and an arc length of 94.78 leer, being eubtended by a chord of South 24 degrees 18 minutes 4 seconds East for a distance of 84.58 feet to a point from which a 1/2 inch by 24 Inch galvanized iron pipe reference monument bea~s North 67 degrees 30 minutes 00 seconds West for a distance 10.00 feet; THENCa South 22 degrees 30 minutes 00 seconds West for a distance of 77.72 feet to a poin~ in the northerly Boundary line of that tract of land as described in Volume 80 Page 414 of the Deed Records of Jackson County, Oregon from which a 1/2 inch by 24 inch galvanized iron pipe vlt~ess corner monument bears North 89 degrees 42 minutes 45 seconds West for a distance of 10.80 feet; THENCE leaving said northerly Boundary line, South 65 degrees 46 minutes 36 seconds West for a distance of 622.62 feet to a 1/2 inch X 24 inch galvanized Iron pipe in the westerly Boundary line of that tract of land per said Volume and Page as set forth hereinabove; THENCa South 00 degrees 02 minutes 27 seconds East along the westerly Boundary line of said tract, for a distance of 417.69 feet to a 5/8 inch iron rod sltu~ted at the Southwest corner thereof; THENCa leaving the westerly Boundary line and along the southerly Boundary line of said tract, South 89 degrees 42 minutes 45 seconds East for a distance of 660.00 feet to a 5/8 inch iron rod situated at the Southeast corner thereof; THPaiCa leaving said southerly Boundary line and along the easterly Boundary line of said tract of land, North 00 degrees 02 minutes 27 seconds West for a distance of 676.00 feet to a 5/8 inch iron rod situated at the Southwest One/Sixteenth corner of said Section 15; THENCa leaving said tract of land, North 00 degrees 02 minutes 27 seconds West along the North-South Centerline of the Southwest One/Quarter of said Section 15 for a distance of 618.01 feet to a point of intersection of the said North-South Centerline with the southerly Boundary line of said Timberline Subdivision; THENCa leaving said North-South Centerline North 89 degrees 59 minutes 57 seconds West along Said southerly Subdivision Boundary line for a distance 1.53 feet to the Southwest corner thereof; THENCa leaving the southerly Boundary line and along the westerly Boundary line of said Subdivision, North 00 degrees 03 minutes 43 seconds West for a distance 26.18 feet to the POINT OF BEGXNNING. Together with and subject to covenants, easements, and restrictions of record and those apparent on the land. Said property contains 10.24 acres more or less. September 15, 1993 William C. and Karen Cowget 61 Nutley Street Ashland, Oregon 97520 file: LOLc957.wps Page 2iof 2 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JUL2~ ~5 ~9ea Surveyor's Registration Expires December 31, 1994 94-40318 LP-52147 EXHIBIT B EXHIBIT TRACT B: Beginning at the southeast corn:r of the Southeast Quarter of Oregon: thence West, along the south lineithereof, a dietance of 660 feet, more or less to the southwest corner thereof~ thence North along the west line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter, a distance of 660 feet, more or less, to the northwest corner thereof~ thence East, along the north line of said Southeast Quarter of i~e Southwest Quarter of the SOuthweat~uarter, a distance of 100 feet~ thence Southeasterly, a distane~ of 870 feet, more o: lees, to the southeast corner of said Southeast Qulrte: of the Southweet Quarter of the Southwest Quarter of Section 15, said point being the point of beginning. (Code S-11, Acc~)unt #1-10180-3, Map #391E15, Tax Lot #600) TRACT C:. The following described tract ot land lying in the Southeast Quarter of the Southwest Quarter of SectiOn 15 in Township 39 South, Range i East of the Willamette Meridian in Jackson County, Oregon: Beginning at a 5/8' rebar monument found at the quarter corner conunon to Sections 15 and 22, said Township and Ren~e; thence North along the North-South centerline of Section 15, a d~stance of 332.40 feet: thence West a distance of 1324.0 feet to the west line of the Southeast Quarter of the Southwest Quarter of said Section, according to Survey No. 6100 filed August 21, 19~5, in the Jackson County Surveyor's Office; thence South along said west line a distance of 330'feet, more or less, to the south line of said Section 15; thence East along said South line a distance of 1324.0 feet, more or lesS, to the point of beginning. ALSO, the following described 25.0 foot strip of land located in the South Half of Section 15 in Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon: Commencing at the quarter corner on the south line of said Section 15, thence North along the north-south centerline, 332.40 feet to the point of beginning of the tract to be described; thence continue North along said centerline, 1034.1 feet~ thence East and parallel with the south line of said Section, 105.0 feet Page 1 of 2 94-40318 LP-52147 (continued) to the west line of Walker Avenue; t~ence North along the westline thereof, 25.0 feet; thence West and ~arallel with said south section line, 130.0 feet to a point 29.0 feet West~!of the north-south centerline of said Section 15; thence South alonga line that is 25.0 feet West of and ' parallel with Said centerline, 1059.1 feet to a point due West of the point of beginning; thence East, 25.0 feet to the point of beginning, according to Survey No. 6100 filed August 21, !975, in the Jackson county Surveyor's Office. ALSO, Beginning at the northwest corner of the first tract described herein, said corner being the northwest comer of that certain tract of land described as Tract A in Document No. 85-19648 of the Official Records of Jackson County, Oregon, said point also being the southwest corner of that certain tract of land described as Tract A in Document No. 85-10741, said Official Records, sitUatedin the Southeast Quarter of the Southwest Quarter of Seotion 15 in TOwnship 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North along the west line of said Southeast Quarter of the Southwest Quarter a distance of 220 fee~; thence Southeasterly a distance of 30d feet, more or less, toa point on the south line of that certain tract described as Tract A in Doctuuent No. 85-10741, said Official Records, .said point being 200 feet East along said south l~ne from the point of beginning; thence West along the south line of said tract a distance of 200 feet to the point of beginning. ALSO, a tract Of land situated in the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 15 in Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, more particularly described as follows: Beginning at the southeast comer of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of said Section; thence Northwesterly a distance of 870 feet, more or less, to a point on the north line of said Southeast Quarter of the Southwest Quarter of the SouthwestQuarter~ said point being 1DO feet East along said north line from the northwest comer thereof; thence East along said north line a distance of 460 feet, more or less, tO a point 100 feet West of the northeast comer of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter; thence Southeasterly a distance of 150 feet, more or less, to a point on the west line of the Southeast Quarter of the Southwest Quarter of said Section 15, said point being 220 feet North of the southwest comer of that certain tract described as Tract A in Document No. 85-10741 of the Official Records of Jackson County, Oregon; thence South along the west line of said Southeast Quarter of the Southwest Quarter, a distance of 550 feet, more or less, to the point of beginning. TRACT D: The following described tract of land lying in the Northwest Quarter of the Southeast Quarter of Section 15, in Township 39 South, Range 1 East of theWillamette Meridian in jackson County, Oregon: Beginning at the intersection of the west line of Walker Avenue and the south line of said quarter-quarter, said point beine also on the north' line of that certain tract described in Volume 352 page 95 of the Deed Records of Jackson County, Oregon; thence West along the north line of said tract, 105.0 feet; thence North 50.0 feet; thence East 105.0 feet to the west line of Walker Avenue; thence South along said road line, 50.0 feet to the point of beginning. (Code 5-11, Account #1-057703-3, Map #391S15, Tax Lot #705) (Code 5-8, Account #1-079974-6, Map ~391E15, Tax Lot #705) Page 2 of 2 94-40318 STE P,4RT I, tND SUR FEYS 97S20 pitont 488- 2851 EXHIBIT C wZxrlibtt C" PROPERTY DESCRIPTION Proparty Line ld~ustment (Jackson County Planning and Davelopment Pile No. 92-92-r.r.A) All that certain tract or parcel of land laying inthe Southwest One/Quarter of Section 15, Township 39 South of Range 1 East of the Wlllamette Base and Meridian, Jackson County, Oregon and being more fully described as follows: BEGINNING at the One/Quarter corner common to Sections 15 and 16 of said Township and Range; TIL~NCa South 89 degrees 42 minutes 12 seconds East along the East-West Centerline of said Section 15 for a distance of 1323.55 ~eet to a point of intersection of said East-West Centerline with the westerly Boundary line of the Timberline Subdivision as said Subdivision is found presently monumented and filed for record the day of July 28, 1964 and recorded in Volume 9 Page 45 o~ the Jackson County Record of Plats, from which the Center-West One/Sixteenth corner of said SeCtion 15 bears South 89 degrees 42 minutes 12 seconds East for a distance of 1.80 feet; THENC~ leaving said East-West Centerline, South 00 degrees 03 minutes 43 seconds East ( South 00 degrees 03 minutes East Plat Record} along the westerly Boundary line of said Timberline Subdivision, as found monumented, for a distance of 687.60 feet to a point In the westerly Boundary line of said subdivision, from which a 1/2 inch by 24 inch galvanized Iron pipe witness corner monument bears North 00 degrees 03 minutes 43 seconds West for a distance of 10.63 feet; THENCE leaving said westerly Boundary line along a curve to the left having a radius of 32.00 feet and an arc length of 34.87 feet, being subtended by a chord of South 35 degrees 57 minutes 50 seconds West for a distance of 33.17 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears North 85 degrees 15 minutes 00 seconds West for a distance of 10.00 feet; T!~ENC~ South 04 degrees 45 minutes 00 seconds West for a distance of 70.99 feet to a point from which a 1/2 inch by 24 inch galvanized Iron pipe reference monument bears North 85 degrees 15 minutes 00 seconds West for a distance of 10.00 feet; THENC~ along a curve to the right having a radius of 107.56 feet and an arc length of 90.11 feet, being subtended by achord of South 28 degrees 45 minutes 00 seconds West tot a distance of 87.50 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears North 37 degrees 15 minutes 00 seconds West for a distance of 10.00 feet; THENC~ South 52 degrees 45 minutes 00 seconds West for a distance ot 193.02 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears North 37 degrees 15 minutes 00 seconds West for a distance of 20.00 feet; THENCE along a curve to the left having a radius of 32.00 feet and an arc length of 41.26 feet, being subtended by a chord of South 15 degrees 48 minutes 45 seconds West for a distance of 38.46 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South 68 degrees 52 minutes 30 seconds West for a distance of 20.00 feet; THENCe South 21 degrees 07 minutes30 seconds East for a distance of 79.71 feet to a point from which a 1/2 inch by 24 Inch galvanized iron pipe reference monument bears South 68 degrees 52 minutes 30 seconds WaSt for a distance of 10.00 ~eet; THENCe along a curve to theleft hawing a radius of 147.00 ~eet and an arc length of 128.28!~eet, being subtended by a chord of South 46 degrees 07 minutes 30 seconds East for a distance of 124.25 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South 18 degrees 52 minutes 30 seconds West for a distance of 10.00 ~eet; Page 1 of 2 94--10318 THENCI~ South 71 degrees 07 minutes 30 seconds East for a distance of 19..23 feet to a point from which a 1/2 inch by 24 inch galvanized iron pipe reference monument bears South degrees 52 minutes 30 seconds W&st fox a distance of 10.00 THINGS along acuzva to the right having a radius of 58.00 feet and an arc length of 94.?8 feet, being subtended by a chord of South 24 degrees 18 minutes 45 seconds East fo~ a distance 84.58 feet to a point f~om vhich a 1/2 inch by 24 inch galvanized iron pipe lefe~ence monument betzs North 67 degrees 30 minutes 00 seconds West for a distance 10.00 THZNC~ South 22 degrees 30 minutes 00 seconds West for a distance of ?7.72 feet to a point in the northerly Boundary line of that tract of land as described in Volume 80 Page 414 of the Deed Records of Jackson County, Oregon from vhich a 1/2 Inch by 24 inch galvanized iron pipe vitness corner monument bears North 89 degrees 42 minutes 45 seconds West for a distance of 10.80 feet~ THFAiCE leaving said northerly Boundary line, South 65 degrees 46 minutes 36 seconds West for a distance to a 1/2 inch X 24 inch galvanlsed iron pipe in the westerly Boundary line of that tract of land pe~ said Volume end Page as set forth hereinabove~ THINCENozth 00 degrees 02 minutes 27 seconds West along the said westerly Boundary line for a distance of 258.31 feet to a 1/2 inch X 24 inch galvanized iron pipe situated at the Northwest corner the~eof~ THENCI leaving said westally Boundary line, North 89 degrees 42 minutes 45 seconds West along the East-West Centerline of the Southvest One/Quarter of Section 15 fo~ a distance of 664.13 feet to a 2.5 inch diameter brass disk on a 1 inch diameter galvanized iron pipe situated at the South One/Sixteenth corner common to Sections 15 and 16, said Township and THENCE leaving the East-West Centerline of said Southwest One/Quarter of Section 15, North 00 degrees 05 minutes 35 seconds West along the Section line common to Sections 15 and 16 ~oz a distance of 1331.99 feet to the POINT OF B~glNNINg. Together vith and subject to covenants, easements, and restrictions of record and those apparent on the land. Said p~operty contains 40.48 ac~es more or less. Septembez 15, 1993 Southern Oregon State College 1250 Slsklyou Boulevard · shland, O~egon 9?520 JULY I~, lee3 MARTIN C,. STEWART 20S7 file: bGLa957.vps Page 2 of 2 $urveyor's Registrcllon Expires December 3i, 1994 94-40318 S TE Ie IR T Z,4ND S UR IzE YS EXHIBIT D-i "Exhibit D,-I" EASEHINT DESCRIPTION A 16 foot vide roadway easement for ingress and egress purposes over and across a strip of land, vhich is an existing roadbed, and is situated Northeasterly, Easterly, and Southeasterly to, vh.. -..sur.d: no,m.l th.r.fro., th. folioring CONNENCING at the One/Quarter corner common to Sections 15 and 16, Tornship 39 South of Range 1 East of the Willamette Base and Neridian in Jackson County, Oregon; THENCE South 89 degrees 42 minutes Z2 seconds East along the East-West Centerline of said Section Z5 for a distance of ~323.55 feet to the intersection of said EaSt-West Centerline vith the Westerly boundary line of the Timber Line Subdivision, as found monumented, the Initial Point of said subdivision being a found 2 inch diameter brass disk set in concrete vhich bears North 00 degrees 03 minutes 43 seconds West for a distance of 6.32 feet, said subdivision vas filed for record on the 28th day of July, Z964 and recorded in Volume 9 Page 45, Record of Plats, Jackson County, Oregon; THENCE leaving said East-West Centerline of Section Z5, South 00 degrees 03 minutes 43 seconds EaSt (South 00 degrees 03 minutes East Plat Record) along the westerly boundary line of the Timber Line Subdivision, as found monumented, for a distance of 676.97 feet to a Z/2 by 24 inch galvanised iron pipe WITNESS CORNER monument; THENCE continuing South 00 degrees 03 minutes 43 seconds East along the Westerly boundary line as set forth herelnabove for a distance of 10.63 feet to the TRUE POINT OF BEGINNINO; THENCE leavin~ said Westerly boundary line and along the Westerly line of this roadray easement, the Easterly roadray easement line bein~ Z6.00feet normal therefrom and conti~uous to, vhen measured from, the folioring courses: THENCE along a curve to the le~t having a radius of 32.00 feet and an arc length o~ 34.87 feet, being subtended by a chord of South 35 degrees 57 minutes 50 seconds West for a distance of 33.17 feet to a point of tangency from vhich a 1/2 by 24 inch ~alvanlzed iron pipe reference monument bears North 85 degrees 15 minutes 00 seconds West for a distance of Z0.00 feet; THENCE south 04 degree8 45 minutes 00 seconds West for a distance of 70.99 feet to a point of curvature from vhich a ~/2 by 24 inch galvanized iron pipe reference monument bears North 85 de~rees ~5 minutes 00 seconds West ~or · distance of ~0.00 feet; THENCE along a curve to the right having a radius of 107.56 ~eet and an arc length of 90.El feet, being subtended by a chord of South 28 degrees 45 minutes 00 seconds West for a distance of 87.50 feet to a point of tangency from vhich a 1/2 by 24 inch galvanized iron pipe reference monument bears North 37 degrees 15 minutes 00 seconds West for a distance of Z0.00 feet; THENCE South 52 degrees 45 minutes 00 seconds West f de ' numentbeazs North 37 digre minutes 00 seconds Nest for :°distance of 20.00 feet; along a curve ~o th~ letti hsvi.9 a radius st 32.00 teat and an arc length of 41.26 feet bein~ subtended by a chord of 9outh Z5 degrees 48 minutes 45 ;econds West ~or adSstance of 38.46 feet to a point of tangency from vhlch a Z/2 by 24 inch galvanized iron pipe reference monument beats South 68 degrees 52 minutes 30 seconds West tot a distance of 20,00 East; Page ~ of 2 94--10318 STEIVART SURVEYS 6 70 66 97520 ! ,lab THBNC~ South 21 degrees 07 'minutes 30 seconds gast for a distance of 79.71 feet to a point of curvature from which a 1/2 by 24 inch galvanized iron pipe zefermnce monument bears South 68 degrees 52 minutes 30 seconds West for a distance of 10.00 feet; TH~Cv- along'a curve to the left having a radius of 147.00 feet and an arc length of 128.28 feet, being subtended by a chord of South 46 degrees 07 minutes 30 Seconds East for a distance 124.25 feet to a point of tangency from which a 1/2 by 24 inch galvanized iron pipe reference monument bears South 18 degrees 52 minutes 30 seconds West for · distance of 10.00 feet; THv-NCZ South 71 degrees 07 minutes 30 seconds hat for a distance of 19.23 feet to a point of curvature from which a 1/2 by 24 Inch galvanized iron pipe reference monument bears South 18 degrees 52 minutes 30 seconds West for s distance of 10.00 feet; THENC~ along a curve to the right having a radius of 58.00 feet and an arc length o~ 94.78 Sou~h 24 de~zee8 18 minutes 45 seconds East for a distance of 84.58 feet ~o a point of ~angency from which a 1/2 by 24 inch 9alvasized iz~n pipe reference monument beers North 67 degrees 30 minutes 00 seconds West for a distance 10,00 TH~ South 22 degrees 30 minutes 00 seconds West distance of 77.72 fee~ to a ~oint In the Northerly boundary line of that tract of land as set forth in Volume 80 at Page 414 of the Deed Records of Jackson County~ Oregon from which a 1/2 by 24 inch galvanized iron pipe WITNaBS CORNBR monument bears Ho~th 89 degrees 42 minutes 45 seconds Wes~ for a distance 10.80 teet~ said point beln~ the most Southwesterly corner of said roadway easement; TH~ leaving the said Westerly easement line, South 89 degrees 42 minu~es 45 seconds Bast along said Northerly boundary line which Is also the most Southerly line of this roadway easemen~ ~oz'a distance of 11.28 feet to the POINT Easterly line of ~him roadway easeMnt. September 15, 1993 Southern Oregon State College: 1250 Slsklyou Boulevard lmhland: Oregon 97520 file: LGLdST.w~ st al 5urveyor's Reglstrotlon Expires December 31, 1994 94-40318 ' EXHIBIT D-2 s s,ar s van s "Exhibit D-2" ElSEHINT DiiSCRIPTION A 19 foot wide roadway easement purposes over and access a strip .ot:lmnd# roadbed, the,-centerllne of which is more follows: ingress and egress which is an existing fully described as COW)fENCING at the One/Quarter ~orner common to Sections 15 and 16, Township 39 South of Range ~ East of the Willsmetes Base and Meridian in Jackson County, Oregoni THE!iCE South 89 degrees 42 minutes 12 seconds East along the East-West Centerline of 8mid Section 15 for a distance of 1323.55 feet to the Intersection of said last-West Centerline with the Westerly boundary line of the Timber Line Subdivision, as found monumented, the Initial Point of sel~ Sub~lvislon being a found 2 inch diameter beams disk set In concrete which bears North 00 degrees 03 minutes 43 seconds West for · distance of 6.32 feet, said Subdivision was flied for record on the 28th day of July, 1964 and recorded in Volume 9 Page 45, Record of Plats, Jackson County, Oregon; THENCE leaving said last-West Centerline of Section 15, South 00 degrees 03 minutes 43 seconds Nest (South 00 degrees 03 minutes feet to the Southwest corner of said Subdivision; THENCE leaving maid Westerly boundary line, South 89 degrees 59 minutes 57 seconds Eaet(8outh 89 fiegrams 55 minutes Record) along the Souther1y boundary line of said Subdivision for a distance of 1.53 feet to the intersection of the North-South Centerline of the Southwest One/Quarter of said Section 15 with the Southerly boundary line of said Subdivielon; THENCE leaving said Southerly b0undszy line, South 00 degrees 02 minutes 27 seconds East slong. theslid North-South Centerline for · distance of 618.01 feet to s 5/8 inch iron rod situated at the Southwest One/Sixteenth corner of said Section THENCE leaving said North-Booth centerline, North 89 degrees 42 minutes 45 seconds We~t for t distinct of 74.72 feet to s Point of Terminus situated in the most Easterly line of a 16 foot wide Roadway Easement; ~H~NCE leaving said lasterly easement line North 89 degrees 42 minutes 45 seconds West along the most Southerly line of said 16 foot Roadway lassmerit for a distance of 14.12 feet to the TRUE POINT O~ BEGXMNING~ THiNCa along the centerline st this 19toot wide Roadway easement as tellows: South 22 degrees 30 minutes 00 seconds West iora distance 136.39 feet to a point st cuzvature~ Ti~mlon9 a curve to the lett having a radius of 115.50 test and an arc length st 42,33 teet~ being subtended by a chord of South 12 degzees O0 macales O0 secQnds Wes~: for m distance of 42.1o feet to m lmint of' t ": i T c, ,o.th '. oo Tstance of 101.55 ~ee~ ~o a ~n~,o~ +C~zVa~urel ' T~ along a curveto ~he%lgh~~ T~'V~n9 a radius ot 322.69 eet and an arc length o~ 190'.QS::feet~' be~g s'ubtended by a chord o~ South 18 4e~rees 22 minu~%S .3~~ seCOnds 'Wes~ for a distance of 187.35 feet to a point of I TKgNC~ South 35 degrees 15 mln tam 00 seconds West tot a i4 of the Deed Records of Jackso~d as ss~ forth in Volume 80 Page November 15:1993 Grantor: William C. and Karen Cowget 61 Nutlay Street Ashland, Oregon 97520 file: lglf95?.wps OFE881ONAL SurveYor°a Registration Expires December 31, 1994 94-40318 EXHIBIT D.--3 "Exhib~tD~ EASENENT DESCRZPTION A Zg foot vide roadray easement for ingress and egress purposes over and across a strip o~ rand, vhich is an existing roadbed, the centerline of vhich is more fully described as follows: COMHFa~CING at the One/Quarter corner common to Sections 15 and 16, Township 39 South of Range I East of the Willemette Base and Meridian in Jackson County, Oregon; .. TH~CE South 89 degrees 42 minutes 12 seconds East along the East-West Centerline of said SectiOn 15 for e distance of 1323.55 feet to the-intersection of said East-West Centerline with the Westerly boundary line of the Timber Line Subdivision, as found monumented, the Initial Point of said Subdivision being a found 2 inch diameter brass disk set in concrete which bears North 00 degrees 03 minutes 43 seconds West for a distance of 6.32 feet, said Subdivision was filed for record on the 28Oh day of July, 1964 and recorded in Volume 9 Page 45, Record of Plats, Jackson County, Oregon; THENCE leaving said East-West Centerline of Section 15, South 00 degrees 03 minutes 43 seconds East (South 00 degrees 03 minutes East, Plat Record)'along the Westerly boundary line of Line Subdivision, the Timber f as found monumented, for a distance of 713.77 eat to the Southwest corner of said Subdivision; THENCE leaving said Westerly boundary line, South 89 degrees 59 minutes 57 seconds East (South 89 degrees 55 minutes East, Plat Record) for a distance of 1.53 feet to the intersection of the North-South Centerline of the Southwest One/Guarter of said Section 15 with the Southerly boundary line of said Subdivision; THENCE leaving said Southerly boundary line, South 00 degrees 02 minutes 27 seconds East along the said North-South Centerline for a distance of 1294.01 feet to a 5/8 inch iron rod situated at the Southeast corner of that tract of lend as set forth in Volume 80 Page 414.of the Deed Records of Jackson County, Oregon; THENCE leaving said North-South Centerline, North 89 degrees 42 minutes 45 seconds West along the Southerly boundary line of said tract of land for a distance of 373.18 feet to the TRUE POINT OF BEGINNING& THENCE along the centerline of this 19 foot wide Roadway Easement as follows: South 35 degrees 15 minutes 00 seconds West for a distance of 94.25 feet to a point of curvature; THENCE along a curve to the right having a radius of 85.17 feet and an arc length of 31.22 feet, being subtended by a chord of South 45 degrees 45 minutes 00 seconds West for a distance of 31.04 feet to s point of tengency; THENCE South 56 degrees 15 minutes 00 seconds West for a distance of 39.21 feet to · point of curveture~ THENCE along a curve to the left hiring a radius of 39.23. feet and an arc lengt~ of 43.48 feet, being subtended by s'chord for. di.t.nc. of Page I oJ 2 94--]0318 THENCE South 07 degrees 15 minqtes 00 seconds East for a distance of 138.23 feet to a point Of curvature; T~NC~ along a curve to the right haylug a radius of 299,26 feet and an arc length of 301,63 feet, being subtended by a chord of South 21 degrees 37 minutes 30 seconds West for a distance of 289,02 feet to a point of tangency; TRENC~ South 50 degrees 30 minutes 00 seconds West for a distance of 91,94 feet to the POINT OP TERMINUS of this 19 foot wide Roadway Easement said point situated in the Westerly line of that tract of land as set forth in Volume 82 Page 392 of the Deed Records of 3ackson County, Oregon from vhich the Southvest corner of last said tract of land bears South 00 degrees 02 minutes 27 seconds East for a distance of 32.14 feet. Together with a 40 foot wide roadway easement for ingress and egress purposes over and across a st=lp of land, which is more fully described as follows: BEGINNING at the above said POINT OF TERMINUS which is in the Westerly boundary line of the last said tract of land and is in the centerline of the above described 19 foot wide Roadway Easement; THENCE SOuth 00 degrees 02 minutes 27 seconds East along the Westerly boundary line of last said tract of land for a distance of 32.14 feet to the Southwest corner of last said tract of land; THENCE leaving last said Westerly boundary line South 89 degrees 43 minutes 25 seconds East along the Southerly boundary line of last said tract of land for a distance of 40.00 feet to the Southeast corner of this 40 foot wide Roadway Easement; THENCE leaving the last said Southerly boundary line North 00 degrees 02 minutes 27 seconds West along the most Easterly line of this 40 foot wide Roadway Easement for a distance of 65.29 feet to the Northeast corner of said 40 foot wide Easement situated in the centerline of the above described 19 foot wide Roadway Easement; THENCE leaving said Easterly 40 foot wide Roadway Easement line South S0 degrees 30 minutes 00 seconds West along the centerline of said 19 foot Roadway Easement for a distance of 51.81 feet to the POINT OF BEGINNING of this 40 foot wide Roadway Easement. November 15, 1993 Grantors: Roderick 3. and Brooks D. Newton 1182 Timberline Terrace Ashland, Oregon 97520 & Edward-J. and Christins L. Reed 1200 Timberline Terrace Ashland, Oregon 97520 lglg957.wps Surveyor°s Regldrofion Expires December 31, 1994 Page 2 of 2 94-40318 EXHIBIT South, along said east line, 326 feet, more!or less, to fie 'southeast comer of said West Half bein ~e point of termination. (over a ~n of the..west 10 feet of Tax Lot 600 391E15, owned by Newton) ,-- 94-403X8 EXHIBIT F CObI~C~G at the Quar~r c:ornec ccmmnu to ~ 15 ~ 16, TO~ip 39 ~u~ ~~*42' 12'~~-W~of~lS~ad~ of 13~.55 ~ ~ ~ ~ d~ ~W~ ~ ~ ~.W~y ~ 1~ a~2~dl~d~h~~N~*~'43"W~ra d~'~6.~ ~ ~ ~~ ~ ~ ~ ~ ofJ~y, 1~, ~ f~ ~ ~ ~ a ~ of ~& 35' 57' ~' W~ ~r a d~ of 33.17 ~ w a 'l~ 5oi ~* 45' ~' W~ ~r a d~ of ?O.~ ~ ~ a M~ of ~ff~e ~om whi~ a 1~ b~ ~ ~ gd~ni~ ~n pi~ ~ I~ ~ Ho~ 85° 15' ~" Wut for a alia of 10.~ ~ l'.~ ~o~ a ~e ~ ie fighi :ha~ a r~ia of 1~.% ~ ~ ~ ~ 1~ of ~. 11 ~ ~ ~ub~ by a' ~ord of 8~t ~* 4~' ~' Wit ~r a alia of 87.50 f~ ~ a ~ d ~ ~mwh~ a 1~ by ~ ~ g~V,ni,~ ~ pi~ r~ mnu~nt ~ No~ 37° 15' ~" W~ ~r a d~ of 10.~ ~ ~CE Sou~ 5? 45' ~' W~ ~r a dha of 193.~ ~ ~ a ~ht of ~e ~m whi~ a 1~ by ~ ~ ~vsni~ ~on pi~ ~ mnum~t ~ No~ 37° 1~' ~' W~t ~r a dha of ~.~ ~ NOW ~hg ~.~ f~ W~ly of ~ wnd~oa ~, wh~ m~ur~ ~ ~e~om, ~e ~ong a ~e ~ ~e 1~ h~g a r~i~ of 32.~ ~ ~ ~ ~c 1~ of 41 .~ ~, .~ing sub~d~ by a ~o~ of Sou~ 15° 48' 45" W~ ~r a dha of 38.~ ~ m a ~ht of ~g~ ~m whi~ a ~ ~ ~ ~ g~vSnl~ ~n pi~ ~ ~at h ~e rest W~ly ~t !~ ~ ~u~ ~o 52' ~" W~ ~r a dha 0f ~.~ f~; Page-1 of 2 94-40318 THENCE continuing along said Easterly line with the Southwesterly, W,fst~,ly and No.h.,es, yNOW ,0.00 W, .dy or and measured normal therefrom, the following!courses: South 21 ° 07' 30" East for. a allstance ;$f 79.71 feet to a point of curvature from which a 1/'2 by 24 ln~ galvanized iron pipe reference monument bears South 68° 52' 30" West for a distance of 10.00 'rHm,~C~ along a ~u've to to left having a rmdiu$ of 147.00 fe~ and an arc longt of 128.28 feet, being mubtended by a ~totd of South ,$6' 07' 30' East for a distance of 124.2.5 f~ to a point of ~ugeu~t from whk!~ a 1/2 by 24 inch galvanized iron pipe reference monument bears South 18° 52' 30* W~ for a dimmm:e of 0.00 feet; Tnm~NC'B South 71° 07' 30' F~mt for m dimmm:e of 19.23 feet tn a point of curvature from which a 1/2 by 24 imt galv, n{,-d iron pipe reference mouumeat be~s South 18° 52' 30' West for a di~mx:e of 10.00 fo~ . ' 'TligNCi~ainnga~xxrvotothefighthavingaradiumof58.00feetandanarc!engtof94.78 feet, b~iugmublm~dedbyadumiofsoutZ~to 18' 45' E,uffotadisiauceof84.58 re, to apoint of Umgmcy from which a It2 by 24 imt g~lvaniz~d iron pipe reference monum~t b~ North 67° 30'-~' We~tfotadi~m~..ofl0.00fM~; 'lm:nm[CE Sou~ 22° 30' 00' We~t fix a di~,,,,~_- of 77.72 f-ee$ to a point in the Noticily ~mxy linm of fl~t ffm~: of hind a~ ~ f~,in Volum,. 80 Page 414 of the Deed Reoordm of Jadao,, County, Ore~o,, from which a 1/'2 by 24 imt galv,,,h.j iron pipe WrrNESS CORNER mo~,,,~ iwm'm Nott 89° 42' 45' Wemt fix a dimtame of 10.80 feet, maid WrrNESS CORNER being in Mid Wesimiy ememmt !imm; Tt~reiCEleavingsaklNottedybou: line, South 65' 46' 36" We~t along the boundery Page 2 of 2 94-40318 EXmR EASEMENT DF~SCRIPTION A 12 foot wide pedestrian walkway easeTent over and across a strip of land more fully described as follows: County, Oregon; Thence South 89 degrees 42 minutes 45 econds, F~t, 664.13 feet along said South one-sixtennth line, to a found ~ inch by 24 inc!~ galvanized iron pipe with yellow plug, per filed survey no. 13,714; Thence South O0 degrees 02 minutes 27 ,Seconds l:~t, 258.31 feet to a found zA inch by 24 inch galvanized iron pipe with a yellow plug, per the above said filed survey, for the True Point of Beginning; Thence North 65 degrees 46 minutes 36 seconds East, 622.62 feet along the adjusted property line, per said filed survey, to a point on the South one-sixteenth line; Thence leaving the above said adjusted lXopC'Tty line, North 89 degrees 42 minutes 45 seconds West, 10.80 feet along the South one-si)cteenth line, to a found zA inch x 24 inch galvanized iron pipe witness corner; Thence North 89 degrees 42 minutes 45 seconds West, 18.13 feet along the South one-sixteenth line; Thence leaving the South one-sixteenth line, South 65 degrees 46 minutes 36 seconds West, 590.91 feet; Thence South 00 degrees 02 minutes 27 seconds, East 13.15 feet to the Point of Beginning. 94-40318 e Nov 0 9 sw fl