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HomeMy WebLinkAbout2004-225 Easement - Mt. Creek Jackson County Official Records 2004-061769 R-E Cnt=l Stn=3 MORGAN.%10/21/2004 01:51:51 PM $25.o0 $5oo $~ ~ .oo Totah$41.00 0106657620040061 ?690050053 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 I-ArlIDI I L~ MAIN T.~ ¥,,'"~ ~ EASE ' x EASE. j~ 391E0~C TL3620~%k~ '42"E % %171.62 ' ~ I /~ ~ 391EO~D TL633 , ~'/ 12460 SO FF Nm x , / / 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.