HomeMy WebLinkAbout1993-125 Easement - NixSTUART E FOSTER
WILLIAM G. PURDY
KAREN (. ALLAN
GARY ( PETERSON
LEW1S W DAtILIN
CARl. R J. SNiFFEN
FOSTER, PURDY, ALLAN, PETERSON & DAHLIN
Attorneys at Law
TELEPHONE
(503) 770-5406
TELECOPIER
(50t) 770-6502
JUDY A LININGER
January 21, 1993
VIA HAND DELIVERY
Paul Nolte, City Attorney
City of Ashland
City Hall
Ashland, Oregon 97520
Re: Lithia Park Village Sewer and
Storm Drain Easement/Nix
Dear Paul:
Enclosed is the original Correction Sewer and Stor~Drain Easement
between Lithia, Nix and the City, which you have previously
reviewed. It has now been executed by Zan Nix as Grantor, and
Lithia Homes of Ashland, Inc. as one of the Grantees. As you know,
the City of Ashland is also a Grantee and we need to get the City's
signature before this document can be recorded.
You have already reviewed this document and issued your letter
approval under cover of letter dated December 16, 1992, although
the matter must still be presented to the City Council for official
approval and acceptance. I enclose a copy of your December 16,
1992 letter to Lloyd Haines for your convenience.
Obviously, we've missed the January 5, 1993 City Council meeting.
Would you please set this matter for the next available council
meeting. Please let Lloyd Haines and myself know when this matter
has been set for hearing. Lloyd and Zan Nix will there to answer
any questions the council may have. Our only concern is that
because of past controversies involving Lithia Park Village, the
council may be skeptical. In reality this easement merely affirms
the sewer and storm drain easement shown on the official plat, but
includes certain protections for the property owner and the City.
If approved by the City Council, please have the document signed
where indicated on page 4 by the appropriate official and give the
document to Lloyd, who will be attending the meeting.
JAN 2 2
Paul Nolte,
January 21,
Page 2
City Attorney
1993
Please give me a call if you have any questions.
your cooperation in this matter.
GCP:mas
Enclosure
Gary~eterson
cc:
Zan Nix
Lloyd Haines
Mark Cooper
Lithia Homes of Ashland,
Inc.
Thank you for
CITY OF ASHLAND
CiTY HALL
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
December 16, 1992
Lloyd M. Haines
Attorney at Law
1257 Siskiyou Boulevard, Suite 232
Ashland, OR 97520
I have reviewed the easement entitled "Correction Sewer and Storm Drain Easement"
from Zan E. Nix to the City of Ashland and Lithia Homes of Ashland, Inc. The
easement is acceptable to the city in its present form and comports with the
understanding we reached through an exchange of correspondence in July, 1992 and
subsequent telephone calls. Without waiving any other objections the City of Ashland
may have to the Lithia Park Village P.U.D., whether contained in the pending litigation
between the City of Ashland and Lithia Homes of Ashland, Inc., and Mark Cooper, or
any other problems or deficiencies relating to this P.U.D., the easement will be
presented to the city council at its next meeting, January 5, 1993 for official approval
and acceptance.
Execution of the easement by the city can only be accomplished by the Mayor and
City Recorder after approval of the city council.
Paul Nolte
City Attorney
PN:sps
cc: Jim Olson, City Engineer (with easement)
(p:daily\hainee2 .Ltrl
. 93-06035
CORREL-~FION SEWER AND STORM DRAIN EASEMENT
Zan E. Nix hereby grants to the City of Ashland, a Municipal corporation of the State of Oregon, and
Lithia Homes of Ashland, Inc., an Oregon corporation (Lithia), its successor and assigns an eaclusive
Easement for the installation and perpetual maintenance, replacement or repair of a sanitary sawer pipeline
and a storm drain pipeline, which Easement is more particularly described on Exhibit 'A' attached hereto.
Said Easement for the benefit of the Lithia Park Village PUD, as depicted on the official plat thereof
now on record with the City of Ashland, Oregon, and the property to be burdened by the Easement (Burdened
Property) is described aa set forth on Exlxibit "B" attached hereto and made a part hereo£
This Easement supercedes and modifies a prior Easement from Lithia Homes of Ashland, Inc. to the
City of Ashland, recorded as Document No. 92-13188 ia the Official Records of Jackson Cou, nty, Oregon, on
May 7, 1992, which Easement was recorded after the transfer of the burdened property from Lithia to Zan
E. Nix.
Grantor warrants that she is the legal owner of record of said real property free and clear of all Hens
and encumbrance~ except those of record as of the below date.
This Easement is subject to the following conditions:
1. Lithia, the suceessor developer, or the City of Ashland, as the case may be, ia aceordance with
any agreement between Lithia and the City, shall be solely respons~le for construction,
maintenance, repair or replacement of said sanitary sewer and storm dmia lines, including
clean outs, at their sole cost and expense.
Page 1 of 4 - CORRECTION SEWER AND STORM DR. MN
JAC;ISLr.} COU,*tP( TITL£ DIVISla~ has recorded this
inswum:: t b7 ;::q:~:zt ,~s t.n ~ccemm,';dation only,
or ~3 to ~; c¢~,zct ~;c,~ th2 tir~ to any real propertz
t~at ~my be described therein.
Grantor shall receive at least two weeks written notice with respect to the construction and/or
replacement of said lines. All work with respect to construction and/or replacement shall be
promptly completed (in no event beyond 30 days from the beginning of work), shall be
restricted to normal business hours and shall not unreasonably interfere with the peaceful use
and enjoyment of the property by Grantor, her successors or assigns, or their access to and
from said property.
All maintenance and repair of the storm drain and sewer lines shall be performed after
reasonable notice and during normal business hours, except that in the case of emergency the
City shall be granted unrestricted access to the clean outs and lines to perform any needed
repair and/or maintenance. No notice shall be required in case of emergency.
Lithla, the successor developer, or the City of Ashland, as the case may be, shall promptly
(but in no event longer than 30 days from the beginning of work) restore the surface of the
burdened property to the same condition as prior to any construction, repair, maintenance
or replacement of said sewer or storm drain lines at their sole cost and expense.
Grantor, her heirs, successors or assigns may make use of the surface area of this Easement
for any purposes which do not prevent access to the sewer and/or storm drain lines, including
without limitation, construction of driveways, walkways, garclens, landscaping, parldng areas
and the like. in no event will any access be blocked, impeded or restricted to the clean outs
for said utility lines. Lithla or the successor developer will have 90 clays from the dam of this
Easement to install the sewer and/or the storm drain lines within the described easements
without any paving or other improvements having been placed upon the property ~ Grantor.
After 90 days, the property may be improved as det~zribed in this section, and it will be the
obligation of Lithia or its successor developer to restore the surface of the burdened property
to its original condition, including restoring any paving which may be placed upon the
Easement. Grantor agrees to delay paving the driveway to be built in connection with a
Page 2 of 4 - CORRECTION SEWER AND STORM DRAIN EASEMENT
93-060, ,
residence on the burdened property to as late in the construction proce~ as is reasonably
practical in accordance with good and sound construction practices.
6. Grantor acknowledges that the City of Ashland or other appropriate municipal agency may,
in the future, dffect that additional storm water or sewage from property lying outside of
Lithia Park Village PUD now of record, be serviced by the sewer pipeline and storm drain
pipeline constructed in accordance with this Easement. Grantor consents to such additional
servic~ being connected to said constructed pipelines, provided that no additional sewage or
storm drain pipelines may be placed across Grantor's property. Except as expre~ly set forth
above, the scope of this Easement may not be expanded to serve any properties not presently
depicted as being served by said sewer and storm drain lines on the official plat map of the
Lithia Park Village PUD, now of record with the City of Ashland.
Zan E. Nix/ ~ "-~ "Grantor"
STATE OF OREGON )
)ss.
County of Jackson )
On this }.~' day of~9--£t,,w [}~(~1992, personally appeared the above-named 7~n E. Nix and
acknowledged the foregoing instrument to be her voluntary act and deed.
Before me:
LLOYD M. HAINES
NOTARY PUBLIC - OREGON
My Commission Expires July 11, 1993
)tar/Public for Oregon
commission expires:
Page 3 of 4 - CORREL-riON SEWER AND STORM DRAIN EASEMENT
· 93-06035
BY THEIR SIGNATURES HEREUNDER, GRANTEES HEREBY ACCEPT TtIE CONDITIONS SET
FORTH iN THIS EASEMENT:
City of Ashland, a Municipal
corporation of the State of Oregon
STATE OF OREGON
County of (J~,~S4~.~
NOTA?.'~ PU.,3LIC - Cf,~f. GON [
On this /7-C~C day of Z~'t,~c~ , 19~ personally appeared the above-named
, who~eing~stated that he is the /~ ,q~,~of City of
Ashland, a Municipal corporation of the State of Oregon, and that the foregoing instr~em ~ voluntarily
signed on behalf of said corporation and by authority of its board of directors; and aclmowtedged said
instrument to be its voluntary act and deed.
Before me:
N tary Pu~ic for Oregon , / . ~__
My commission expries: ~-~-~, ~ 5~z~
STATE OF £alifnrnia
County of Rnnnmn
IAthia Homes of Ashland, Inc.
BY:'pr~SM~~~. '
)
)
On this 31st day of December , 1992, personally appeared the above-~ed
Gqrdon M. Cooper , who being duly sworn, stated that he is the President of Lithia Homes of
Ashland, Inc., an Oregon corporation, and that the foregoing instrument was voluntarily signed on behalf of
said corporation and by authority of its board of directors; and aclmowledged said instrument to be its
voluntary act and deed.
Before me:
J,~ ~'~.~ NOTARY PUBLIC - CALIFORNIA
:~ \ ~%":?~77 COUNTy or SONOMA
Notary Public for ~ O~ Czxtk~:c~cxAxh
My commission expires: ~,-~-c:C~
Page 4 of 4 - CORRECTION SEWER AND STORM DRAIN EASEMENT
Exhibit "A"
A - ~ ~ -- ~ ' lyin9 S feet on each side of
the~fo~lo~ing de~-c~d'-~--~lne~--~ .~ ~-- ~z - ~
Commencing at the section corner 'common to Sections 8, 9, 16 and 17,
T 59 S, R1E of the ~illamstte ~e=idian: thence S 4T~ 25" 25"~,
847.81 feet to a 5/8 inch x 50 inch iron rainforcin9 rod ~ith a yello~
ulactic cap ~arked "PIERSON OPLS 1850", said point being described ~er
record of survey NO. 87~6 by John Pierson as recorded in the Burvey Records
of Jackson County, Oregon; thence North 5.85 feat to the True Point
of Beginning; thence B S8° 00' 5B"~, 101.~? feat to the. center of a
sanitary sewer manhole; thence $ 2g~ ~8' 24" ~, 50.00 feet to the point
of terminus.
A
follo~in9 described centarline:
~ying B feet on each side of the
Commencing at the section corner common to Sections 8,9, 18 and 17,
T 39 S, R1E of the ~ltametts ~e~idian~ thence S ~?e 25' 23" ~,
847.61 feet to a S/B inch by ~0 inch i~on reinforcin9 rod mith a
yellom plastic cap m~rked '~I£~SON OPLS 1650" , said point bain9
described per record of survey NO. B?S6 by John Pierson es ~ecorded
in the Survey Records of Jackson County, Oregon; thence North 5.85
feet, thence S SB~ OD' 58" ~, ~01.97 feet to the canter of a sanitary
se~er manhole, said point also being the True Point of Beginning;
thence N ?~ 55' 28" ~, 200.00 feet along tho centerltne of a~ani~ary
se~er line to the point of terminus.
Also:
A 10 foot wide storm se~er easement lyin9 5 feat on each side of the
following described centerline~ ~ ~ ~- ~$7
Commencing at the section corner common to Sections B, 9, 15 and
T 3g S, R1E of the ~illametts ~eridtan; thence S ~?~ 25' 23" ~,
847.61 feet to a 5/B inch by 30 inch iron reinforcing rod.mith a yellow
plastic cap ~rked "PIERSON OPLS 1650", said point bwin9 described
per record of survey NO. 8?56 by John Ptsrson as recorded in the Survey
Records of Jackson County, Oregon; thence N 62e 43' 31" a, 22.04 feet
to the 'True Point of. Beginning; thence S 43e 05' 17" ~, 82.?0 feet to the
center of · storm comer manhole; thence S 2g~ ~6' 24" E, 45.00 feet
to the point of terminus,
Cour, ,, Oreaon
Recorded
~ffiCl~ R~O~S
1:¢5 0 7 1992
~THLEEN $. BECK~
~epu~
// ,
.//
//®. \~ ,; ....
.-'/./
33-0603~
Beginning at a point from which the Northeast corner of Section 17,
Township 39 South, Range 1 East of the Willamette Meridian, Jackson
County, Oregon, bears North, 574.68 feet and East, 632.55 feet;
thence North 89" 50' West, 237.24 feet;
thence South 56~ 31' East, 91.01 feet;
thence South 89° 50' East, 191.53 feet;
thence North 31° 05' West, 58.49 feet to the point of beginning.
PARCEL II:
Commencing at a.point on the South line of the North half of the
Northeast Quarter of the Northeast Quarter of Section 17, Township 39
South, Range 1 East of the Willamette Meridian, Jackson County,
Oregon, which pOint bears 667.0 feet South and 515.56 feet West of the
Northeast corner of said Section;
thence North 60~ 14' West, 43.04 feet to an X chiseled in a large
granite boulder marking the Northeast corner of tract described in
Volume 342, Page 253, of Deed Records of Jackson County, Oregon, the
true point of beginning;
thence North 70" 40' West, 62.98 feet to the SoUtheast corner of tract
described in Volume 297, Page 434, said Deed Records;
thence North 89" 50' West along the South line of sai~ tract, a
distance of 191.53 feet;
thence South'73~ 10' East, l15.25.feet to the Northwest corner of said
tract described in Volume 342, Page 253, Deed Records;
thence North 85~ 09' East along the North line of said tract a
distance of 141.18 feet to the true-point of beginning.
Jackson County, Oregon
OFflCb~ P, ECORD$
I~THLEEN S. BECKETT
. ILK 0
pury