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Home My WebLink About1998-126 Easement - Mountain Park Development~8 4795i WARRANTY DEED & PUBLIC UTILITY EASEMENT Grantor: Grantee: Return Document To: Consideration: Send Tax Statements To: Mountain Park Development L.L.~., and Michael T. Mahar City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland OR 97520 $1.00 and other value City of Ashland, 20 East Main Street Ashland OR 97520 MOUNTAIN PARK DEVELOPMENT L.L.C., AN OREGON LIMITED LIABILITY CO. AND MICHAEL T. MAHAR, Grantor, coveys and warrants to CITY OF ASHLAND, Grantee, the following real property described on the attached Exhibit A free of encumbrances except as specifically set forth below: 1. Right of way for the transmission and distribution of electricity, and for other purposes, granted to The California Oregon Power Company, a California Corporation, by instrument recorded January 5, 1948, in Volume 289, page 107, of the Deed Records of Jackson County, Oregon. 2. Easement 5.0 feet in width, for sewer line, and rights, terms and agreements in connection therewith, granted to the City of Ashland, Oregon, by instrument recorded July 8, 1936, in Volume 208, page 354, of the Deed of Records of Jackson County, Oregon. 3. Easements for slopes, drainage facilities, power and telephone facilities imposed by Final Judgement rendered May 1, 1985, in the State Circuit Court of Oregon for Jackson County, under Case No. 80-4372-J-2. PUBLIC UTILITY EASEMENT Grantor grants to Grantee a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace public utility and irrigation facilities including but not limited to, lines for electricity, sewer, water, gas and telecommunications on real property described on the attached Exhibit B. THE 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. 98 4795~ The true and actual consideration for this conveyance and easement is ONE DOLLAR ($1.00) and good and valuable consideration. Dated this /¢ day of ~) C. 7'~/7~ ~ , 1998, MOUNTAIN PARK DEVELOPMENT, L.L.C., an OREGON LIMITED LIABILITY CO. and MICHAEL T. MAHAR By: ~'--~--~ ~'~ ~- _-/-J - IV~chael T. Mahar STATE OF OREGON COUNTY OF JACKSON This instrument was acknowledged before mean /~1 /'~ /~ by Dou~ieuman, principal in Mountain Park Develo.pment,_L.L.C. and Michael T. Mahar. ~:-~"~"-~'~'-'-'-'-'-'~'-"~-"-----~'-~'~---~'~ic for Oregon , ~:~.t , ....- - -" " ~ Commission Expires: ~A/-e¢ ,4~ ',~:~ OFFICIAL SEAL ' ~.~J~ GAlL M. LAWLESS ~ NOTAI~Y PUBLIC-OREGON '~ COMMISSION NO. 30165! '~' COMMISSION EXPIRES MAY 29 2001' STy4 ~E OF Oz~FGO.,~r, '~ F01~t N.. ~NOWLEDOMENr. ~event-N~t Law ~bllshlng ~. NL Court ¢y ot ........................................... ~ ,~ ~~,, ~,,,o, ,,,, .........../...~ .......~,~o, .........~..~..~..~.(.~ ..........................,,.~' .~ ~ ~ ....~.i C ~ ~.~.~....~ .~.& ~&~ ............................................................................................................................... known to me to be ~e identi~l individual ...... described in and who executed the within in~t~ent and acknowledged to me that ......... ~.:. ..........................executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and attixed my oftJcial ~cal the day and year last above written. ...... .................................... Natty Public tar Ore~n ~ com~sio~ .~i~ .~_.~. ..~~.~..~: .................. . L~RR'Y J, FR~4.R -~laE$ E, EXHIBIT B L.J. FRIAR AND ASSOCIATES CONSULTING LAND SUIRVEYOR~ ~I$ WE61' 11'14 STREE? k~EOFORO. QREGQN ~ LEGAL DESCRIPTION A STRIP OF LAND BEING 10 FEET IN ~IDTH LYING 10 WESTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCKIBED LINE: BEGINNING AT THE NORTHEAST COP~NER OF PARCEL i PER PARTITION PLAT NO. P-1-1997, ACCORDING TO THE OFFICIAL PLAT THEREOF, NOW OF RECORD IN VOLUME 8, PAGE 1, OF "RECORD OF P~LRTITION PLATS" OF JACKSON COUNTY, OREGON AND FILED AS SURVEY NO. 15245 IN THE OFFICE OF THE JACKSON COUNTY SURVEYOR; THENCE ALONG THE EAST LINE THEREOF, SOUTH 00°06'57" WEST, 442.84 FEET TO A 5/8 INCH I~ON PIN; THENCE LFJ~VING SAID EAST LINE ALONG THE ARC OF A 120.50 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT HAVING A CENTPJLL ANGLE OF 41°21'22", A DISTANCE OF 86.98 FEET (THE LONG CHORD OF WHICH BEARS NORTH 20~33'44" WEST, 85.10 FEET) TO A 5/8 INCM IAON PIN; THENCE NORTH 00~06'57" EAST, 343.15 FEET TO A 5/8 INCH IRON PIN; /'HENCE hLONG THE ARC OF A 20.00 FOOT RADIUS TANGENT CURVE TO THE LEFT HAVING A CENTP~L ANGLE OF 90°04'45", A DISTANCE OF 31.44 FEET (THE LONG CHORD OF WHICH BEARS NORTH 44°55'25" WEST, 28.30 FEET) TO A 5/8 INCH IRON PIN ON THE NORTH LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTH LINE, SOUTH 89057'48" EAST, 50.08 FEET TO THE POINT OF BEGINNING. THE SIDELINES OF THIS EASEMENT kRE TO BE LENGTHENED OR SHORTENED TO INTERSECT THE EAST AND NORTH LINES OF SkID PARCEL 1. PUE TO BE DEDICATED TO CITY Mountai~ C-~eekKsta~es 97-161 July 29, 1998 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 11', 1986 2Z34 JUL-29-19°J8 17: 1,4 93Z 47~5i EXHIBIT 'A' L.J. FRIAR AND A$$OCIATE~ CONSULTING LAND 3URVEYORS LEGAL DESCRIPTION BEGINNING AT THE NORTHF_~tST CORNER OF PkRCEL ! PER PARTITION PLAT NO. P-i-1997, ~CCORDING TO THE OFFICIAL PL~T THEREOF, NO~ OF RECORD IN VOLUME 8, PAGE 1, OF "RECORD OF PARTITION PLATS" OF JACKSON COUNTY, OREGON AND FILED AS SURVEY NO. 15245 IN THE OFFICE OF THE JACKSON COUNTY SURVEYOR; THENCE ALONG THE EAST LINE THEREOF, SOUTH 00° 06' 57" WEST. 442.84 FEET TO A 5/8 INCH IRON PIN; THENCE LEAVING SAID EAST LINE ALONG THE ARC OF A 120.50 FOOT RADIUS NON-TANGENT CI~%fE ~ID THE ..P.T~HT tDAVT~G A CY~NTRAL ~tNGLE OF 41°21'22", A DISTANCE OF 86.98 FEET (THE LONG CHORD OF WHICH BEARS NORTH 20°33'44" WEST~ 85.10 FEET) TO A 5/8 INCH IRON PIN; THENCE NORTH 00°06'57" EAST, 343.15 FEET TO A 5/8 INCH IRON PIN; THENCE ~kLflNG ~H~. ~ D.F 3~ 2Do0D _FOOT ..RAr~TU.E, ~ANGENT .CURVE /FD THE LEFT ~IAVING A CENTBJkL ANGLE OF 90°04'45", A DISTANCE OF 31.44 FEET (THE LONG CHORD OF WHICH BEARS NORTH 44055'25" WEST, 28.30 FEET) TO A 5/8 INCH IRON PIN ON THE NORTH LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTH LINE, SOUTH 89°57'48" EAST, 50.08 FEET TO THE POINT OF BEGINNING. CONTAINING 12640 SQUARE FEET, MORE OR LESS. PORTION TO BE DEDICATED TO CITY ~flRSTREE~ ~ilRPflSES Mountain Creek Estates 97-161 July 29, 1998 R~GISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 17. 1986 RENEWAL DATE 6-30-99 ~J772r27~2 95X 98 4795i BINDING AGREEMENT Michael T. Mahar, Lotds F. Mahar & David Sumner, also known as M,M & S Properties, hereinafter referred to as M, M & S Properties, and Donovan Gilliland, hereinafter referred to as "Gilliland", do enter into an agreement as to the development of a road within the Mountain Creek Subdivision, hereinafter "Subdivision", to wit: See Exhibit "A" attached. The following terms and duties of the agreement are hereinafter stated: Upon Donovan Gilliland bonding with the City of Ashland for the improvements and recording the final plat of the Subdivision, Michael T. Mahar, Lotds F. Mahar & David Sumner shall deed to the city the needed right of way for the development of the road. 2. Gilliland shall construct half street improvements on the road plus 10 additional feet of pavement and, ffrequired by city engineering, curb and gutter on the unimproved (M, M & S side) half of the street. 3. There will be no compensation to _M, M & S Properties for the land, however Gilliland shall pay all costs of the road improvememse~as compensation for the land. M,M & S Properties Lotds F. Mahar David Sumner Donoran Gilliland g661 9 I JO0