HomeMy WebLinkAbout1995-051 Warranty Deed - Brown95-13496
FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234
NAME OF TRANSACTION:
NAME OF PARTIES:
DOCUMENT TO BE RETURNED TO:
TRUE AND ACTUAL CONSIDERATION:
UNTIL A CHANGE IS REQUESTED, SEND
TAX STATEMENTS TO:
Warranty Deed
Slope and Utility Easements
Grantor: Margaret J. Brown
Grantee: City of Ashland, Oregon
Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.00
Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
WARRANTY DEED
Margaret J. Brown, Grantor, conveys and warrants to CITY OF ASHLAND, Grantee,
the following real property described on the attached Exhibit A, free of encumbrances
except as specifically set forth herein.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
SLOPE AND UTILITY EASEMENTS
Grantor grants to Grantee perpetual rights and easements for slopes and fills for utility
and road purposes upon the property described in the attached Exhibit A at page
three.
Within the easements, Grantee may construct, reconstruct, install, use, operate,
inspect, repair, maintain and remove utility lines, including but not limited to lines for
electricity, sewer, water, gas and telecommunications, and all necessary related
facilities.
Grantor shall not alter the ground grade of the easements in excess of six inches from
the grade established upon completion of the installation of utilities, slopes or fills,
except where permitted by the Grantee.
Grantor may use the surface of the easements for any purposes which will not
interfere with the purpose for the easements or interfere with or endanger any part of
the utilities or their construction, reconstruction, installation, use, operation, inspection,
repair, maintenance or removal. No permanent structure shall be constructed by
Grantor within the easements.
PAGE 1-WARRANTY DEED AND EASEMENTS {p:real\brown. Decl)
95-13496
The true and actual consideration for this conveyance is ONE DOt_LAIR ($1.00).
Dated this ¢ day of ~~--, 1995.
Grantor:
STATE OF OREGON
COUNTY OF JACKSON
This instrument was acknowledged before me on
~-/¢/'~ ~ by
/~Notaw~~u~lic for Oregon
k/My commission expires:
PAGE 2-WARRANTY DEED AND EASEMENTS (p:real\brown. Ded)
95-13496
EXHIBIT A
RIGHT OF WAY DESCRIPTION
Commencing at a found 8 inch by 9 inch sandstone with an X
scribe on top situated at the quarter section corner common to
Sections 8 and 9, Township 39 South, Range 1East~of the
Willamette Base and Meridian, Jackson County, Oregon;
THENCE South 89 degrees 52 minutes 42 seconds West along the
East-West centerline of Section 8 for a distance of 1629.79 feet;
THENCE North 00 degrees 07 minutes 18 seconds West and normal
from said East-West centerline for a distance of 362.13 feet to a
5/8 by 30 inch iron rod situated in the Westerly right of way line
of Ditch Road as set forth in that JUDGMENT, Case No. 83-157J-NJ-
3, dated the 12th day of March, 1983 and that STIPULATED JUDGMENT,
Case No. 83-1571-NJ-3, dated the 12th day of March, 1984, and
filed in the Circuit Court Records of Jackson County, Oregon for
the TRUE POINT OF BEGINNING;
THENCE leaving said Ditch Road right of way along a curve to
the right having a central angle of 166 degrees 33 minutes and 24
seconds with a radius of 20.00 feet and an arc length of 58.14
feet, being subtended by a chord of South 46 degrees 59 minutes 04
seconds West for a distance of 39.725 feet to a 5/8 by 30 inch
iron rod;
THENCE North 49 degrees 44 minutes 14 seconds West for a
distance of 26.94 feet to a 5/8 by 30 inch iron rod;
THENCE along a curve to the right having a central angle of
20 degrees 56 minutes 14 seconds with a radius of 126.50
feet and an arc length of 46.23 feet, being subtended by a chord
of North 39 degrees 16 minutes 06.5 seconds West for a distance of
45.97 feet to a point of tangency from which a 5/6 by 30 inch iron
rod WITNESS CORNER bears South 61 degrees 12 minutes 00 seconds
West for a distance of 2.00 feet;
THENCE North 28 degrees 48 minutes 00 seconds West for a
distance of 102.53 feet to a 5/8 by 30 inch iron rod;
THENCE along a curve to the right having a central angle of
17 degrees 52 minutes and 00 seconds with a radius of 336.50
feet and an arc length of 104.93 feet, being subtended by a chord
of North 19 degrees 52 minutes 00 seconds West for a distance of
104.505 feet to a 5/8 by 30 inch iron rod;
THENCE North 10 degrees 56 minutes 00 seconds West for a
distance of 86.15 feet to a 5/8 by 30 inch iron rod situated in
the Southerly boundary line of the North half of the Southwest
Quarter of the Northeast Quarter of Section 8, said Township and
Range, said boundary line was established and set forth on that
"Minor Land Partition" filed for record the 25th day of October,
1978 at 4:12 o'clock P.M. and recorded in Volume 2, Page 55 of
"Minor Land Partitions" in Jackson County, Oregon;
THrENCE South 89 degrees 58 minutes 1~ seconds West along the
Southerly boundary line of the North half of the Southwest Quarter
of the Northeast Quarter of Section 8 for a distance of 47.86 feet
to a found 5/8 inch iron rod with red plastic cap marked: KAISER
RLS 803;
THENCE leaving said Southerly boundary line South 10 degree
56 minutes 00 seconds East for a distance of 95_20 feet to a 5/8
by 3e inch iron rod;
95-13496
RIGHT OF WAY DESCRIPTION
Strawberry Lane
Page 2
THENCE along a curve to the left having a central angle of 17
degrees 52 minutes and 00 seconds with a radius of 383.50
feet and an arc length of 119.59 feet, being subtended by a chord
of South 19 degrees 52 minutes 00 seconds East for a distance of
119.105 feet to a 5/8 by 30 inch iron rod;
THENCE South 28 degrees 48 minutes 00 seconds East for a
distance of 102.53 feet to a 5/8 by 30 inch iron rod;
THENCE along a curve to the left having a central angle of 20
degrees 56 minutes and 14 seconds with a radius of 173.50 feet and
an arc length of 63.40 feet, being subtended by a chord
of South 39 degrees 16 minutes 06.5 seconds East for a distance of
63.05 feet to a 5/8 by 30 inch iron rod;
THENCE South 49 degrees 44 minutes 14 seconds East for a
distance of 146.78 feet to a 5/8 by 30 inch iron rod;
THENCE South 51 degrees 28 minutes 20 seconds East for a
distance of 44.97 feet;
THENCE continuing South 51 degrees 28 minutes 20 seconds East
for a distance of 51.615 feet to a point which bears North 16
degrees 28 minutes 11 seconds West for a distance of 0.08 of a
foot from a found 5/8 inch iron rod situated at the most
Northwesterly corner of Parcel No. 1 of Partition Plat P-89-1991
and recorded in Volume 2, Page 89 of Partition Plat Records of
Jackson County, Oregon, said point being common to the
Southwesterly right of way line of Strawberry Lane as set forth in
that Judgment and Quiet Title Decree, Case No. 91-167-E-1, filed
the 13th day of June, 1991 in the Circuit Court records of Jackson
County, Oregon;
THENCE South 16 degrees 28 minutes 11 seconds East for a
distance of 0.08 of a foot to a found 5/8 inch iron rod situated
at the most Northwesterly corner of Parcel No. 1 of Partition Plat
P-89-1991 and recorded in Volume 2, Page 89 of Partition Plat
Records of Jackson County, Oregon, said point being common to the
Southwesterly right of way line of Strawberry Lane as set forth in
that Judgment and Quiet Title Decree, Case No. 9!-167-E-1, filed
the 13th day of June, 1991 in the Circuit Court records of Jackson
County, Oregon;
THENCE North 16 degrees 28 minutes 11 seconds West for a
distance of 0.08 of a foot to a point;
THENCE North 08 degrees 59 minutes 29 seconds West for a
distance of 65.95 feet to a 5/8 by 30 inch iron rod situated in
the Northeasterly right of way line of Strawberry Lane;
THENCE North 51 degrees 28 minutes 20 seconds West along said
Northeasterly right of way line for a distance of 45.645 feet to a
5/8 by 30 inch iron rod situated at the intersection with the
Northeasterly right of way line of Ditch Road as set forth in that
JUDGMENT, Case No. 83-157I-NJ-3, dated the 12th day of March, 1983
and that STIPULATED JUDGEMENT, Case No. 83-1571-NJ-3, dated the
12th day of March 1984, and filed in the Circuit Court Records of
Jackson County, Oregon;
95-13496
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
¥ fi¥ 2 2 1995
RIGHT OF WAY DESCRIPTION KAT~LE[N S. BECK[iT
Strawberry Lane ~ CL[RK and RECORDER
Page 3 z~'q'~'~-'~ ~[[r~ Deputy
THENCE along the ~&gh~ of ~ay 2&ne o~ D~ah Road as decreed
by Zhe Cou~ ¢he ~oiio~ng courses: Sou~h
seconds East fo~ a disZance
~N~ SouZh 38 degrees 3~ ~inu~es 4~ seconds HesZ ~o~ a
distance o¢ 22.495
~~ No~Zh Z4 degrees 36 m&nuZes 47 seconds ~es~ ~o~ a
dLsZance o~ 67.73 ~ee~;
~C~ No~h 75 decrees 23 m2nuCes ~3 seconds Eas~ ~o~ a
dis~ance o~ 2.00 feet;
~NC~ aiong a non-ZangenZ curve Zo ¢he le~ having a cen~ai
angie o~ 20 degrees 33 m&nuZes and
~48.00 ~ee~ and an a~c ien¢~h o~ 53.09 ~ee~, being sub~ended by
a chord of No~h 24 degrees 53 m~nuCes 22 seconds Wes¢ ~o~ a
distance o~ 52.805
~N~ No~h 36 de~ees 27 m~nu~es 38 seconds ~es¢ ~o~ a
distance o$ Z9.38 ~ee~ ~o Zhe ~o~n~ o$ bea~nn~ng.
ALSO INCLUDING, a road slope and public utility easement over,
across and through a strip of land 20 feet in width, situated
Westerly and Southwesterly of, when measured normal therefrom, the
Westerly and Southwesterly right of way line as set forth
hereinabove. Extend and/or shorten the easement line to close
upon the Southerly boundary line of the North half of the
Southwest Quarter of the Northeast Quarter of Section 8 and upon
the Westerly boundary line of Parcel No. 1 as set forth on
Partition Plat No. P-89-1991 and recorded in Volume 2, Page 89 of
Partition Plat Records of Jackson County, Oregon, as required.
ALSO INCLUDING, a road slope and public utility easement over,
across and through a strip of ]and 20 feet in width, situated
Easterly and Northeasterly of, when measured normal therefrom, the
Easterly and Northeasterly right of way line as set forth
hereinabove. Extend and/or shorten the easement line to close
upon the Southerly boundary line of the North half of the
Southwest Quarter of the Northeast Quarter of Section 8, as
required. This easement line shall pass through the radius point
of the first curve in the above right of way description and
thence proceed Northeasterly along the radial line to the 5/8 inch
iron rod situated at the TRUE POINT OF BEGINNING of the Right of
Way description as set forth hereinabove and there terminating.
EXCEPTING THEREFROM, any and/or all of those street and/or
road rights of way. now of record, which may be within the right
of way as set forth hereinabove.
margare~ d ~rown, Grantor ~,~,~..-. ...... ~.~(-~^~February ~8, 1~95
City of Ashland, GPan%ee ~..~.,. .......... .......~ .......~_~. C94-12RW. 1 g
~. . .~/' . ·
Renewal Date: June 30, 1996