HomeMy WebLinkAbout2004-225 Easement - Mt. Creek Jackson County Official Records 2004-061769
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I. Kathleen S. Becket't, County (::lerk for Jackson County, Oregon,
certify that the instrument identified herein was recorded in the Clerk
records.
Kathleen S, ,~eckett - County Clerk
DRAINAGE WAY EASEMENT
FOR CITY OF ASHLAND
Grantor(s): Mountain Creek Estates Inc.
Grantee:
City of Ashland, Oregon
Return Document to: Barbara Christensen, City Recorder, 20 E. Main, Ashland, OR 97520
True and Actual Consideration: $1.00 and other valuable consideration
Send Tax Statements To: Grantor(s)
1. Grant of easement. The above named Grantor(s) grant to the City of Ashland, Oregon,
"Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install,
use, operate, inspect, repair, maintain and remove a surface and stormwater drainage
system including all necessary related facilities on real property in Jackson County,
Oregon, described on the attached Exhibit B & C and further referred to in this easement
agreement as the "easement area." Activities conducted pursuant to this grant of
easement shall be done in such manner as not to interfere with or endanger any part of the
existing retaining walls and residential structure along the west side of said easement area.
There shall be no access to the easement area from the west.
2. Grant of Temporary Easement. The above named grantor(s) further grant to the City of
Ashland, Oregon "Grantee" a temporary construction easement to facilitate the construction
of the stormwater drainage way. The temporary easement described on the attached
Exhibits A & C shall terminate with the completion of the drainage work or on April 1,2006
which ever first occurs.
3. Use of surface. It is expressly understood that this easement does not convey any right,
title or interest to the surface of the soil, nor any other rights except those expressly stated
in this easement, nor does it prevent Grantor from full use and dominion over the easement
area so long as such use and dominion do not interfere with or endanger any part of the
system or its construction, reconstruction, installation, use, operation, inspection, repair,
maintenance or removal.
1 - Drainage Way Easement
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT~Mountain Creek Estates Drainage Way Easement 3 04.doc
4. Prior Encumbrances. This easement is granted subject to all prior easement,,; or
encumbrances of record.
Signature
State of Oregon, County of Jackson
This instrument was acknowledged before me on August 30, 2004
OFFICIAL SEAL
JAMES H OLSON
NOTARY PUBLIC - OREGON
COMMISSION NO. 362969
MY COMMISSION EXPIRES DEC. 8, 2606
,/~_ ~'~ a ~"/ .~ ,2004,
,~otary Pubh fo~rO~regon _
lycommission expires:~'T'~c-,-~ ~;
Stifle,
This ins~ before me on
by~ .
., 2004,
Notary Public for Oregon
My commission expires:
2 - Drainage Way EasementG:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT~Mountain
Drainage Way Easement 3 04.doc
Creek
Estates
EXHIBIT A
TELEPHONE ~~ L.J. FRIAR AND ASSOCIATES, P.C. FAX
541-772-2782 ~~ CONSULTING LAND SURVEYORS 541,-772-8465
816 WEST 8TH STREET
MEDFORD, OREGON 97501
JAMES E HIBBS, PLS
Ijfriar(~(:harter.net
LEGAL DESCRIPTION
Beginning at the Southeast corner of Lot 11 of PARK RIDGE SUBDIVISION, PHASE
1, according to the official plat thereof, now of record, in Jackson County,
Oregon; thence along the South line thereof, North 89057'42'' West, 8.24 feet;
thence leaving said South line, North 01°57'29" East, 50.03 feet; thence
North 11041'08'' West, 22.82 feet; thence North 05040'56'' East, 14.73 feet to
the Southerly line of Williamson Way; thence along said Southerly line the
following four courses: along the arc of a 123.00 foot radius curve to the
left having a central angle of 04057'34", a distance of 10.65 feet (the long
chord of which bears North 68008'32'' East, 10.64 feet); thence South
00°07'01'' West, 5.08 feet; thence along the arc of a 620.50 foot radius curve
to the left having a central angle of 02033'08'', a distanoe of 27.64 feet
(the long chord of which bears North 48037'25'' East, 27.64 feet); thence
along the arc of a 20.00 foot radius curve to the right having a central
angle of 24046'49'., a distance of 8.65 feet (the long chord of which bears
North 59°44'15'' East, 8.58 feet); thence leaving said Southerly line, South
32012'25'' East, 17.00 feet; thence South 57°48'31'' West, 6.78 feet; thence
South 00000'58'' West, 15.08 feet; thence South 89039'03'' West, 6.37 feet;
thence South 05021'49'' West, 14.99 feet; thence South 17027'42'' West, 63.38
feet; thence South 04012'34'' West, 26.07 feet to the South line of Lot 15 of
MOUNTAIN CREEK ESTATES SUBDIVISION, PHASE 1, according to the official plat
thereof, now of record, in Jackson County, Oregon; thence along said South
line, North 89044'03'' West, 3.00 feet to the Southwest corner thereof; thence
along the West line of said Lot 15, North 00°07'01" East, 25.98 feet to the
point of beginning.
TEMPORARY CONSTRUCTION EASEMENT
Russ Dale
April 7, 2004
02-203
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 17, 1986
JAMES E. HIBBS
2234
RENEWAL DATE 6-30-05
EXHIBIT B
TELEPHONE ~~. L.J. FRIAR AND ASSOCIATES, P.C. FAX
541-772-2782 ~~ CONSULTING LAND SURVEYORS 541-772-8465
816 WEST 8TH STREET
MEDFORD, OREGON 97501
JAMES E HIBBS, PLS
Ijfriar{~charter. net
LEGAL DESCRIPTION
Beginning at the Southeast corner of Lot 11 of PARK RIDGE SUBDIVISION, PHASE
1, according to the official plat thereof, now of record, in Jackson County,
Oregon; thence along the South line thereof, North 89057'42.. West, 8.24 feet;
thence leaving said South line, North 01057'29.. East, 50.03 feet; thence
North 11041'08.. West, 22.82 feet; thence North 05040'56.. East, 14.73 feet to
the Southerly line of Williamson Way; thence along said Southerly line the
following four courses: along the arc of a 123.00 foot radius curve to the
left having a central angle of 04057'34.., a distance of 10.65 feet (the long
chord of which bears North 68008'32.. East, 10.64 feet); thence South
00°07'01.. West, 5.08 feet; thence along the arc of a 620.50 foot radius curve
to the left having a central angle of 02033'08.', a distance of 27.64 feet
(the long chord of which bears North 48037'25.. East, 27.64 feet); thence
along the arc of a 20.00 foot radius curve to the right having a central
angle of 13035'45.., a distance of 4.75 feet (the long chord of which bears
North 54°08'51.. East, 4.735 feet); thence leaving said Southerly line, South
03014'57" East, 23.20 feet; thence South 05021'49.. West, 23.42 feet; thence
South 17027'42.. West, 63.38 feet; thence South 04012'34'. West, 26.07 feet to
the South line of Lot 15 of MOUNTAIN CREEK ESTATES SUBDIVISION, PHASE 1,
according to the official plat thereof, now of record, in Jackson County,
Oregon; thence along said South line, North 89044'03.. West, 3.00 feet to the
Southwest corner thereof; thence along the West line of said Lot 15, North
00°07'01.. East, 25.98 feet to the point of beginning.
PERMANENT MAINTENANCE EASEMENT
City of Ashland
April 7, 2004
02-203
REGIS~?ERED
! PROFESSIONAL
LAND SURVEYOR_
Ii,
' JULY 17, 1986
RENEWAL DATE 6-30-05
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TI TLE: DA TE:
REOI~TERED ~ EASEMENT LOCAT/ONS ~2 ~p~ 200~
PROFESSIONAL~ ~ p~o.~c~
LA~ ~URVEYO FALCOM H~/GHTS SUBD/VIS/OM ~ i~:
~o~: RUSS DALE ~R~ as:
(~ ~~ 585 ALLISON STREET C~ B~.
ASHLAND, QR. 97520
~ '/ ORECON / PH: 482-2665 o~:
~ JAME%~ ~ ~.U. ~RJ~R ~ ASSOCIATES P.C.
4HIBBS ROTATION:
CONSUL ~NG LAND SUR~YORS JOB~: 0220~F~
RENEWAL DATE 6-30-05 B~6 W. 8TH ST. ~EDFORD. OR.
Ijfrior~h~r~er. net Sheet 1 of 1.