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Home My WebLink About1995-139 Deed - ODOT '/~!~ ! ~i/l~, ODOT ,'. File 6129-008 ~ ~,~ 10B-3-21 DEED CITY OF AS}~ND, Oregon, a municipal corporation, Grantor, for the tr~e and actual throuEh its DEP~ OF ~SPORTATION, G'rantee, fee title to the followin~ described property: PARCEL 1 - Fee A parcel of land lying in the Giles Wells D.L.C. No. 53, Township 39 South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded in Book 227, Page 487 of Jackson County Record of Deeds; the said parcel being that portion of said property lying Southeasterly of a line at right angles to the center line of the relocated Green Springs Highway at Engineer's Station 275+00 and included in a strip of land variable in width, lying on the Southwesterly side of said center line which center line is described as follows: Beginning at Engineer's center line Station 245+00, said station being 3986.67 feet South and 3627.59 feet East of the Northwest corner of Section 13, Township 39 South, Range 1 East, W.M.; thence North 60° 18' 21" West 975.81 feet; thence on a spiral curve right (the long chord of which bears North 54° 48' 35" West 547.98 feet) 550 feet; thence on a 954.93 foot radius curve right (the long chord of which bears North 42° 18' 21" West 50 feet) 50 feet; thence on a spiral curve right (the long chord of which bears North 29° 48' 07" West 547.98 feet) 550 feet; thence North 24° 18' 21" West 167.61 feet; thence on a spiral curve left (the long chord of which bears North 25° 38' 21" West 399.91 feet) 400 feet; thence on a 2864.79 foot radius curve left (the long chord of which bears North 29° 17' 49" East 99.11 feet) 99.11 feet; thence on a spiral curve left (the long chord of which bears North 32° 57' 17" West 399.91 feet) 400 feet; thence North 34° 17' 17" West 105.34 feet to Engineer's center line Station 277+97.87. The widths in feet of the strip of land above referred to are as follows: Station to Station Width on Southwesterly Side of Center Line 260+00 262+00 262+00 262+25 262+25 262+60 262+60 275+00 160 160 in a straight line to 60 60 in a straight line to 30 3O ALSO that portion of said property lying Northeasterly of said strip of land. Bearings are based on County Survey No. 11212, dated June 30, 1988, Jackson County, Oregon. The parcel of land to which this description applies contains 1.49 acre, more or less, outside of the existing right of way. 12-19-94 RETURN TO OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION 417 TRANSPORTATION BLDG. SALEM, 0REGON 97310 Account No.: 1-11630-4 Property Address: 3070 Highway 66 0DOT File 6129-008 10B-S-21 Grantor also grants to Grantee, its successors and assigns, a permanent easement to construct and maintain slopes, and to relocate, construct and maintain electric communication service lines, fixtures and facilities, and appurtenances therefor, upon, over, through, and across the hereinafter described Parcel 2 and a permanent easement to construct, operate and maintain drainage facilities, upon, over, through, and across the hereinafter described Parcel 3, said property described as follows: PARCEL 2 - Permanent Easement for Slopes, Electric and Communication Service Lines, Fixtures and Facilities A parcel of land lying in the Giles Wells D.L.C. No. 53, Township 39 South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded in Book 227, Page 487 of Jackson County Record of Deeds; the said parcel being that portion of said property lying Southeasterly of a line at right angles to the center line of the relocated Green Springs Highway at Engineer's Station 275+00 and included in a strip of land variable in width, lying on the Southwesterly side of said center line which center line is described in Parcel 1. The widths in feet of the strip of land above referred to are as follows: Station to Station Width on Southwesterly Side of Center Line 260+00 270+00 270+00 275+00 EXCEPT therefrom Parcel 1. 35 35 in a straight line to 30 The parcel of land to which this description applies contains 0.18 acre, more or less. PARCEL 3 - Permanent Easement for Drainage Facilities A parcel of land lying in the Giles Wells D.L.C. No. 53, Township 39 South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded in Book 227, Page 487 of 3ackson County Record of Deeds; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Green Springs Highway at Engineer's Stations 273+10 and 273+20 and included in a strip of land variable in width, lying on the Southwesterly side of said center line which center line is described in Parcel 1. The widths in feet of the strip of land above referred to are as follows: Station to Station Width on Southwesterly Side of Center Line 270+00 275+00 35 in a straight line to 30 EXCEPT therefrom Parcel 1. 12-19-94 Page 2 - Deed ODOT File 6129-008 10B-3-21 The parcel of land to which this description applies contains 110 square feet, more or less. Grantor also grants to Grantee, its successors and assigns, a temporary easement for a work area for construction purposes and berm construction over and across the following described property: PARCEL 4 - Temporary Easement for Work Area and Berm Construction (3 years or duration of project) A parcel of land lying in the Giles Wells D.L.C. No. 53, Township 39 South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded in Book 227, Page 487 of Jackson County Record of Deeds; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Green Springs Highway at Engineer's Stations 263+80 and 270+10 and included in a strip of land variable in width, lying on the Southwesterly side of said center line which center line is described in Parcel 1. The widths in feet of the strip of land above referred to are as follows: Station to Station 263+80 265+20 265+20 270+10 EXCEPT therefrom Parcel 1. Width on Southwesterly Side of Center Line 65 in a straight line to 95 95 in a straight line to 65 The parcel of land to which this description applies contains 0.73 acres, more or less. IT IS UNDERSTOOD that the temporary easement rights herein granted shall terminate three (3) years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the permanent and temporary easements herein granted do not convey any right or interest in the above-described Parcels 2, 3, and 4, except as stated herein, nor prevent Grantor from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted or endanger the lateral support of the highway, or to interfere in any way with the relocation, construction, and maintenance of said utilities, and their appurtenances, as granted hereinabove. Also the rights of the owner of any relocated utilities shall be the same as previously existed in that portion of the utilities being relocated. 12-19-94 Page 3 - Deed 0DOT File 6129-008 10B-3-21 IT IS ALSO UNDERSTOOD that these easements shall be subject to the same conditions, terms and restrictions contained in the easements, licenses and/or permits granted to the owner of any facilities being relocated. IT IS ALSO UNDERSTOOD that Grantor shall not place or erect any buildings or structures upon the easement areas without the written consent of Grantee, IT IS FURTHER UNDERSTOOD that nothing herein contained is intended to create any obligation on the part of Grantee for the maintenance of said utilities. Grantor agrees, the consideration recited herein is just compensation for the property, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or use of said property and the construction or improvement of the highway. 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. It is understood and agreed that the delivery of this deed is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. APPROVED AS TO FORM: ~/.~ By Mayg , '/}/ STATE OF OREGON, County of J~So~?_ ~&L~ f , 19~C Personally appeared ~/(~t~lt~ /il, ~f/~M~c and ~'~ L~/(5~F~ , who, being swo~, stated that they are the Mayor and ~ of the City of Ashland, Oregon, a ~nicipal corporation, and that this instr~ent was voluntarily signed in behalf of said ~nicipal corporation by authority of its Ordinance No. /~ , passed by the Council of said City on this .l~ day of 71. Not for Oregon ./ a ~- My Co~is'~ion expires ~-~- z ~ 12-19-94 Page 4 - Deed ael/ -,% d O~ ,091 0£. OI+ '-5',9'o' ,09I ~ gE+ 09* //