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Home My WebLink About1995-143 Easement - Ward95-14398 FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: Easement NAME OF PARTIES: Grantor: City of Ashland Grantee: Ward Family Trust, George F. Ward, Eleanor O. Ward and Glen M. Ward DOCUMENT TO BE RETURNED TO: -~ Barbara M. Christensen, City Recorder, 1' 20 East Main, Ashland, OR 97520 TRUE AND ACTUAL CONSIDERATION: Other consideration. UNTIL A CHANGE IS REQUESTED, Not applicable. SEND TAX STATEMENTS TO: EASEMENT AGREEMENT FOR ACCESS DATE: May 9, 1995 PARTIES: City of Ashland ("City") and Ward Family Trust (Grantee) RECITALS: A. Grantee is the owner of property described on the attached Exhibit "A" (the Grantee's property"). B. The City of Ashland has acquired by quitclaim deed an easement to the Grantee's property in exchange for the following easement for access at a different location across the City's property. i. Grant of easement by City: City grants to Grantee, its successor and assigns a non-exclusive easement over and across the property described on the attached Exhibit "B." This easement shall be for road purposes to provide ingress and egress to the Grantee's property for Grantee, its agents and invitees. 2. Road construction and maintenance by City: City shall construct and maintain a paved road along and upon the length of the easement from its intersection with Highway 66 to its intersection with the easterly boundary of the adjoining property owned by Monte C. George and Judy A. George. If, after construction of the road, it is determined that the road is not sufficiently wide enough to permit a truck tractor and semitrailer, provided the combination does not exceed the length permitted by the Oregon Vehicle Code, make the curves without leaving the road or its shoulders, City shall widen the shoulders where necessary to accommodate for such. City shall hold Grantee harmless from any damage done to the road resulting from the ingress and egress of a semitrailer with a spread axle, provided that the semitrailer meets all 95-14398 requirements of the Oregon Yehicle Code, meets all the requirements to operate on Oregon public highways and is operated in a manner complying with all laws. CITY OF ASHLAND ~d~en, Mayor Barbara M. Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on '?/¢~4.~L /~.~ , 1995, by Catherine M. Golden and Barbara M. Christensen as May~3f and City Recorder, respectively, of the City of Ashland, Oregon. Nolary P ,u~. ic for Oregon My Commission Expires: ~,/~ ~*- 5: '~' 95-14396 LT-59160 EY3~I B I T A TRACT A: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0°14'15" East 271.10 feet, thence North 39°32` West 46.90 feet to a 5/8" iron pin on the west boundary of the Dead Indian County Road, thence North 0°14'15" East, along said boundary, 781.59 feet, thence North 39°32' West 1770.59 feet to a point on the northeasterly line of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence continue North 39°32` West, along said line, 1539.00 feet to a point on the east boundary of Donation Land Claim No. 48, said Township and Range, said point bears South 0°00'50" East 2085.49 feet from the northeast corner of said Claim No. 48; thence along the center of Bear Creek as follows: South 88°07' East 380.75 feet, South 61°51' East 219.28 feet, South 56°13' East 422,64 feet, and South 40°50' East 326.58 feet; thence leaving said Creek, South 15°07' West 610.00 feet to the true point of beginning. EXCEPTING THEREFROM the following: Commencing at the northeast corner of Donation Land Claim No. 48 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence South 0°00'50" East, along the east boundary of said Claim, 1551.18 feet to the true point of beginning; thence continue South 0°00'50" East, along said boundary, 534.31 feet; thence South 39°32' East 282.40 feet; thence North 80°08'40`` East 346.16 feet; thence North 18°37' East 140.47 feet; thence North 59°45` West 298.20 feet; thence North 16°56'50" West 313.41 feet; thence North 40°23'30'` West 144.04 feet to a 5/8" iron pin; thence West 123.48 feet to the true point of beginning. ALSO EXCEPTING THEREFROM the following: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0°14'15" East 271.10 feet, thence North 39°32' West 46.90 feet to a 5/8" iron pin on the west boundary of the Dead Indian County Road, thence North 0°14'15`' East, along said boundary, 781.59 feet, thence North 39°32' West 1770.59 feet to a point on the northeasterly line of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence North 15°07` East 563.87 feet to a 1/2" iron pin on the south bank of Emigrant Creek; thence continue North 15'07' East 46.13 feet to a point on the centerline of said Creek; thence along said centerline, North 40°50' West 326.58 feet and North 56°13' West 97.57 feet; thence leaving said centerline, South 15°07' West 86,43 feet to a 5/8" iron pin on the south bank of said Creek; thence continue South 15°07' West 480.13 feet to a 5/8" iron pin on the northeasterly line of said tract described in Volume 576 Deeds page 172; thence South 39°32' East, along said line, 445.09 feet to the true point of begirming. ALSO EXCEPTING THEREFROM the following: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0°14'15" East 271.10 feet, thence North 39°32' West 46.90 feet to a 5/8" iron pin located on the west boundary of the Dead Indian County Road, thence along said west boundary, North 0°14'15'' East 781.59 feet, thence North 39°32` West 2215.68 feet to a 5/8" iron pin located on the northeasterly of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence North 15°07' East 480.13 feet to a 5/8" iron pin on the south bank 95 1439S LT-59160 (continued) approximate centerline of said Creek; thence along the approximate centerline of said Creek, North 56°13' West 148.92 feet to a point; thence South 15°07' West 85.67 feet to a 5/8" iron pin on the south bank of said Creek; thence South 15°07' West 428.47 feet to a 5/8" iron pin; thence South 39°32' East 172.98 feet to the true point of beginning. (Code 5-8, Account #1-11539-0, Map ~391E12, Tax Lot ~304) City Public Works Department -- Engineering Division EXHIBIT B A strip of land 30 feet in width over and across that tract -of land as depicted on the Map of Survey filed as Survey Number 12088, with the lackson County Surveyor's Office, located in the Southeast Qu~rter of Section 11, Township 39 South, Range 1 East, of the Willamette Base and Meridian, Jackson County Oregon, lying 15.00 feet on each side of the following described centerline. Beginning at a point on the centerline of Dead Indian Memorial Road which bears North 000 15' 24" East, 2,426.53 feet along the centeriine of said road from the East, South F:.aq corner of Donation Land Claim No. 52; Thence NorLh 89* 44' 36" West, a distance of 30.00 feet to a point on the westerly right-of-way line of Dead Indian Memorial Road for the True Point of Beginning; Thence South 890 44' 36" West, 122.27 feet; Thence along the arc of a I00.00 foot radius curve to the right, which has a long chord that bears North 64° 13' 51" West, 86.14 feet, a distance of 89.06 feet; Thence North 38° 43' 06" West, 399.82 feet; Thence along the arc of a 200.00 foot radius curve to the left, which has a long chord that bears North 61° 56' 41' West, 157.75 feet, a distance of 162.15 feet; Thence North 85° 10' 16" West, 415.89 feet; Thence along the arc ora 150.00 foot radius curve to the left, which has a long chord that bears South 65° 01' 25" West, 149.12 feet, a distance of 156.06 feet; Thence South 350 13' 07~ West, 13.42 feet; Thence along the arc of a 150.00 foot radius curve to the right, which has a long chord that bears South 88° 39' 48" West, 240.98 feet, a distance of 279.84 feet; Thence North 37* 53' 31" West, 31.61 feet to an intersection with the most westerly property line of the above said filed Survey No. 12088, which point bears North 15° 07' 44~ East, 34.27 feet, from the most westerly property comer, for the point of terminus of this easement. The sidelines of said 30 foot wide strip of land shall be extended or shortened as required to close upon the said westerly property line. JaCkson County, Oreg~ Recorded OFFICIAL RECORDs CLE~K and ~ ' ~ rr ~ Oop~tV - .'5 11398 Jackson County, Oregon Recorded OFFICIAL RECORDS KATHLEEN S. BECKETT