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HomeMy WebLinkAbout2008-092 Easement - Brodeur / Cudd Trust ~~~kson County Official Recor9s 2008-020511 Cnt=1 Stn=3 MORGAN~/30/2008 03:04:56 PM $25.00 $500 $500 $1100 Total:$46.00 """ 1111I111 "" /III , "" I " 1111 - 01325450200800205110050056 I, Christine Walker, Coun.ty Clerk for Jackson County, Oregon, certify ~:~~~~:.Instrument Identified herein was recorded in the Clerk Christine Walker - County Clerk Grantors: Brodeur and Brodeur, Inc. and Thomas J. Cudd JR. and Cathleen M. Cudd Trustees of the Cudd Jr. Trust dated June 16, 1987 City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1.00 Not applicable Grantee: Document to be Returned to: True and Actual Consideration: Send Tax Statements to: PERMANENT SANITARY SEWER EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantees", for the sum of $1.00, a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace sanitary sewer lines on real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon, and is described as follows: See the attached Exhibits A and B. 2. Use of Area. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or place any structure or plant trees upon the easement area without the prior written consent of Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the easement area for the purposes connected with this easement. 4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public sanitary sewer facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors reasonable notice and restore the premises of the Grantors, disturbed by Grantee, as near as practicable to its original condition. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. PAGE 1-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Brodeur & Brodeur Easement 4 OB.doc GRADlL~~. Robert L. Brodeur, President Brodeur & Brodeur, Inc. An Oregon Corporation 1L~. ... T c. .QQ h- Thomas J. Cudd, JR., Trustee :2 ~ .,..-, '~ .' / .~. . ~. j . ~' // . ..~.7/-J ~/~~f ~thleen M. CUd(C~S ee . State of Oregon County of Jackson Personally appeared before me on tt(~ 10 , 2008. Robert L. Brodeur, President of Brodeur & Brod ur Inc., on Oregon Corporation and acknowledged said instrument to be its voluntary act and deed. 3e e ~ Pi (JA ~n~JI ~p(q tnlJrl.j Notary Public for Oregon . My Co~~sione.xx.p Plirr,e~ :;: . 9. - l g - U /tJ ~ ~/W1f~ .. State of Oregon County of Jackson Personally appeared before me on 2008. Thomas J. Cudd and Cathleen M. Cudd, Trustees of the Cudd Jr. Trust dated June 16, 1987 and acknowledged said instrument to be their voluntary act and deed. Notary Public for Oregon My commission expires: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, Grantee " ------- State of Oregon County of Jackson Personally appeared before me on --rvr aO ()" I of the City of Ashland. 2008, John Morrison as Mayor . OFFICIAL SEAL DIANA R. SHIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 405584 MY COMMISSION EXPIRES MAY 2,2010 N~i. My commission expires: ~;.) It. 0 ( 0 PAGE 2-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Brodeur & Brodeur Easement 4 OB.doc ~ State of CL1 f:,.furYti Ie County of C'--RJh fv-tt-. Lns;.k On #~ 'J /d J" before me, Date ? au! It Co" /r-erA S... r 'au. eo. ib$wtll, Notat Y p~ Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared 7A Dffl4 S J &Ad d J K ,-. ~~ J ~A~ I<,-en 1Y1~ t1AdA '. ~ ...J ---- - proved to me onthe basis of satisfactory evidence to be the person(s) whose name(sf1:'s'/@@)subscribed to the within instrument and acknowledged to me that ::/:Sexecuted the same in ftis/hcr/tIieJi'authorized capacity(ies), and that by m~!h€r~--- e signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acte~, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cali fomi a that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ()~~ ---v Signature of Notary Public P. CONTRERAS .o. Commission /I 1694090 ... ...,,; Notary Public . California I I · Solano County \ J'r ~.~ ~ .. _~~.~~l~.:o~ ~ } EXHIBIT 'A' An easement, being ten (10) feet in width, for ingress and egress to construct and maintain a sanitary sewer LINE over and through the following described tract: BEGINNING AT a 5/8 inch iron pin monumenting the northeast comer of that Tract B as described in Instrument Number 93-34755 of the Official Records of Jackson County, Oregon, located in the Southwest Quarter and the Southeast Quarter of Section 11, Township 39 South, Range 1 East of the Willamette Meridian, in the City of Ashland, Jackson County, Oregon; thence North 89049'30" West, along the north line of said Tract B and the north line of Tract A of said Instrument Number 93-34755, a distance of250.44 feet, to the northwest comer of said Tract ~ from which a 5/8" iron pin monument bears, North 3032'29" West, a distance of 0.18 feet; thence South 0011 "07" West (deed record South 0010'30" West), along the west line of said Tract A, a distance of 10.00 feet; thence South 89049'30" East; leaving said west line, a distance of 250.44 feet to a point on the east line of said Tract B; thence North 0011 '07" East (deed record South 0010'30" West), along the east line of said Tract B, a distance of 10.00 feet, to the POINT OF BEGINNING. The basis of bearing for this description are found monuments per survey number 2499 on file at the Jackson County Surveyor's Office, Oregon f' _ ....."...,..,..HIJIilIJI,;. ..... REGISTERED PROFESSIONAL LAND SURVEYOR ?- -'L--._~~ ~) ?- ,/~-> OREGON JULY 12, 200e FRED A. FRANTZ ~ No. 60071 Renewal I '2 '.$ I - a--l _IT \i\ EASEl'vIENT SKETCH FOR CITY OF ASHLAND 20 EAST MAIN STREET ASHLAND, OREGON 97520 LOCATED IN SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLLAMETTE MERIDIAN, JACKSON COUNTY. OREGON, EXHIBIT B BASIS OF BEARING N89-49'30.W 329,56' (379.58') FND. 5/8" IRON PIN PER S/N 12451 (DISTURBED) BEARS: N3'J2'29"W 0.18' 50.05 ' 200.39' 1250.44/ ~ '" ~ 10' WIDE SANITARY SEWER EASEMENT - z- g ~ INST.No.93-34755 LEGEND: SIN SURVEY NUMBER ON FILE AT THE JACKSON COUNTY SURVEYOR'S OFFICE, OREGON FOUND 5/8" IRON PIN MONUMENT PER SjN 2499 FOUND 5/8" IRON PIN MONUMENT PER SjN 12451 FOUND 5/8" IRON PIN MONUMENT PER SjN 13366 FOUND 5/8" IRON PIN MONUMENT PER S/N 9811 RECORD DATA PER S/N 2499 RECORD DATA PER S/N 13366 DEED RECORD PER INSTR. No. 12451 o ~ ~ @ ( ) [ ] 1 J z ~ ~ -\ ~ r;\ ':J:. ~ ~ '> ~ 'Z o U\ INST.No. 98- 26384 RI!GISTEREO PROFESSIONAL LAND SURVEYOR ';2.~-- ( /j ~~ ~- ~ OREGON JULY 12. 2006 FRED A. FRANTZ No. 60077 Renewal I"" - ;.. I ~:~~) FND. EASEMENT LINE FOUND SCALE: 1"= 50' DA TE OF SURVEY: MARCH 10, 2008 BASIS OF BEARING IS BETWEEN FOUND 5/8" IRON PIN MONUMENTS PER FILED SURVE:Y No. 2499 AS SHOWN. TERRASURVEY, INC- PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 terram.bisp.net JOB No. A214-oB