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Home My WebLink About2012-038 Easement - Ashland Creek Holdings Jackson County Official Records 2012-007383 R-E Cnt=1 HELMANCD 03/12/2012 11:19:22 AM ' $30.00$10.00$5.00$11.00$15.00 Total:$74.00 $3.00 1111111111 111111111111 1111 1111111 1111 01519642201200073830060065 I,Christine Walker,County Clark for Jackson County,Oregon,certify that the Instrument Identified herein was recorded In the Clark records. Christine Walker-County Clerk GRANT OF EASEMENT FOR RIPARIAN WAY IMPROVEMENTS Grantor: Ashland Creek Holdings, LLC 70 Water Street Ashland, OR 97520 Grantee: City of Ashland, Oregon Document to be Returned to: Barbara Christensen, City Recorder 20 East Main,Ashland, OR 97520 True and Actual Consideration: $1.00 Send Tax Statements to: Not applicable 1. Grantor owns property known as Tax Lot 39 1 E 09BB-16400, located in the City of Ashland; Jackson County, Oregon, a more particular description of which is attached hereto as Exhibit "A." 2. Grantor grants and conveys to Grantee, for the sum of$1.00, a perpetual, nonexclusive easement to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove riparian improvements including but not limited to irrigation diversion intake, rock vanes and bank protection 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 Attached Exhibits "B" and "C." 3. 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. Grantee shall repair to the extent practicable any damage to Grantor's premises, and any improvements thereon, resulting from Grantee's work on the premises. 4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area: For the purposes of this agreement, reasonable notice is defined as 24 hours. Work shall be performed between the hours of 8 a.m. and 5 p.m., unless mutually agreed to by both parties. Schedule of work is to be mutually agreeable to both parties with Grantee attempting to perform work on Mondays, Tuesdays, and Wednesdays whenever possible. In all cases, if an emergency exists, then no notice or work restrictions are required. EASEMENT Page 1 of 3 G:IpubwrkslengldaptadminlENGINEER\EASEMENT391E 0989 16400 Riparian Way.doc 5. 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 agreement. Grantor shall have the right to use the Easement Area for all purposes not inconsistent with uses and purposes of the property and the easement. 6. The easement granted herein is appurtenant to the real properties described herein. It is the intent of the parties that the easement granted herein shall run with the land. The easement granted herein shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 7. This easement is granted subject to all prior easements or encumbrances of record. 8. Grantee hereby agrees to hold and save Grantor harmless from any and all claims of third parties arising from Grantee's use of the rights granted herein. 9. In case of suit, action or proceeding to enforce any rights or conditions of this contract or appeal from said suit, action or proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court hearing such suit, action, proceeding or appeal. IN WITNES EREOF, the parties hereto have subscribed this instrument this day of 2012. GRA O GRANT E: By' Gra eldon ar Patterso Ashland Creek Holidays, LLC Interim City dministrator EASEMENT Page 2 of 3 G:1pub-wrkslengldeptadminlENGINEERIEASEMENT139 tE 098B 16400 Riparian Way.doc STATE OF OREGON ). ) SS. County of Jackson ) Personally appeared the above named Graham Sheldon and acknowledged the foregoing instrument to be his voluntary act and deed. Before me: Notary Pub c for regon / 2/ / OFFICIAL SEAL My commis ion pires: 4 JULIE A AUSTAD NOTARY PUBLIC-OREGON COMMISSION NO.457957 MY COMMISSION EXPIRES JUNE 21,2015 STATE OF OREGON ) ) SS. County of Jackson ) 7,aoia Personally appeared Larry Patterson, who, being duly sworh!did say he is the Interim City Administrator for the City of Ashland, Oregon, and that said instrument was signed in behalf of said city and acknowledged said instrument to be its voluntary act and deed. Before me: (&Xa OFFICIAL SEAL Notary Public for OregO DIANA R SHIPLET My commission expires: 1 NOTARY PUBLIC-OREGON p �,ru„ p1b lat7�7 COMMISSION NO. 454135 MY COMMISSION EXPIRES NOVEMBER 28,2014 d , to to f EASEMENT Page 3 of 3 G:1pub-wrkslengldep tatlminlENGINEERIEASEMENT1391E 0816400 Riparian Way.doc EXHIBIT A Beginning at the Northwesterly corner of Lot 5, Block 15, of the city of Ashland, Jackson County, Oregon, according to the Official 1888 Map thereof; thence Southwesterly, along the Westerly line of said block, to the Southwesterly corner of Lot 3, said Block 35; thence Southeasterly, along the Southwesterly line of said Lot 3, a distance of 72.0 feet; 'thence North 23 degrees 43' East, along the Westerly line of tract described in Volume 53, Page 513, Jackson County, Oregon Deed Records, 38.0 feet, to the moat Northerly corner of said tract; thence Southeasterly, parallel with the division line between Lots 2 and 3, said Black 15, a distance of 15.0 feet, to the Southwesterly corner of tract described in Volume* 71, Page 123, said Deed Records; thence North 23 degrees 090 East, along the Westerly line of maid tract, 50.0 feet, to the Northeasterly line of Lot 3, said Block 15; thence Southeasterly, along the Northeasterly line of said Lot 3 to a point 120.D feet Southeasterly (measured along the Northeasterly line of said lot), from the Northwesterly corner of said Lot 3; thence Northeasterly, parallel with the Westerly line of said Block 15, to'a point on the Northeasterly line of Lot 5, said Block, 120,0 feet Southeasterly from the point of beginning; thence Northwesterly, 120.0 feet, along the Northeasterly line of .Lot 5, to the point of beginning. . 1 / EXHIBIT B DRAINAGE WAY EASEMENT A portion of that certain parcel described in Document No. 03-12473, Official Records,Jackson County,Oregon, being more particularly described as follows: Commencing at the most southwesterly coiner of said parcel described in Document No. 03- 12473, from which point the monument located at the intersection of the centerline of Water Street with the northerly line of Spring Street in the City of Ashland bears South 30° 12'32" West, 178.72 feet;thence along the easterly line of Water Street,North 23°47'07"East,23.17 feet to the Point of Beginning; thence leaving said easterly line, South 76° 14' 13"East,2.49 feet; thence North 59° 12'05" East, 14.02 feet;thence South 640 59'05"East, 19.67 feet; thence South 20° 59'28" East,4.40 feet; thence North 69° 00'32"East, 13.00 feet; thence North 20°'59' 28" West,4.89 feet;thence North 45°08'30" East, 51.41 feet; thence North 23°36'08"East, 6.65 feet;thence North 14° 54'09"East, 13.57 feet; thence North 420 13'33" East, 19.91 feet; thence North 10°06'27"East,21.26 feet; thence North 17°00'53"East,39.01 feet;thence North 3° 19'35"East,26.76 feet;thence North 21"45' 19"East 41.38 feet to the northerly line of said parcel described in Document No. 03-12473; thence along said northerly line, South 64°38'23" East, 78.40 feet; thence along the easterly and southerly lines of said parcel the following courses and distances;thence South 239 47' 07"East, 170.01 feet;thence North 64°36' 15" West, 31.13 feet; thence South 23" 11'39" West, 49.93 feet,thence North 64°35' 12"West, 17.39 feet; thence South 23°47'07" West, 38.09 feet; thence North 64°35' 12" West, 72.00 feet to said easterly line of Water Street,thence along said easterly line,North 23°47'07"East,23.17 feet to the Point of Beginning. December 14,2011 REGISTERED PROFESSIONAL OHEGpRI d41Y28,78R� �'I11ART M.OSMU5 Pao. 246a Arta z-7r- /z EXHIBIT G ®RAIMAGE WAY EA ENT LEGEND DATE.• DECEMBER 14, 2011 SCALE: 1"= 40' PROPERTY LINE °°®®®®-- EASEMENT LINE MONUMENT AT INTERSECTION OF OR 03-12473 OFFICIAL RECORDS, JACKSON COUNTY, OREGON WATER STREET CENTERLINE AND NORTHERLY LINE OF SPRING STREET. FOUND 112" IRON PIPE EASEMENT POINT OF BEGINNING WATER STREET S30'1232"W 17a,72, tL16 4' 39 IE 09BB ° s+l ' ASHLAND CREEK INN TL 16400 0 NI k ' OR 03-12473 t v ASHLAND CREEK HOLDINGS, LLC L14 e�l ZI ® WOOD DECK BRICK TERRACE L°'L9 ��®j11 m°O I IS2347007"W ASHLAND CREEK. 38.09' DRAINAGE WAY EASEMENT 11 9.w 3 ;71 tp 49.93' 1 h IRRIGA 710N P/PE S23 47'07�W I LINE TABLE 170.01' LINE LENGTH BEARING L1 2.49 S7674'13*E L2 14.02 N5972'05'E L THIS EXHIBIT IS FOR GRAPHIC PURPOSES 3 19.67 S6459'05"E ONLY. ANY ERRORS OR OMISSIONS ON L4 4.40 S205928 E THIS EXHIBIT SHALL NOT AFFECT THE L5 13.00 N69 00'32"E DEED DESCRIPTION. L6 4.89 N2O'59'28"W L7 51.41 N45'08'30"E a8 3.5 N2331'08"E 9 13.57 N1454'09"E 0 19.91 ND SuFiVEYC1R '�'E' R.&ZAS�URVEY, INC. N4273'33"E Lit 21.21 N10'0627"E 2 39.01 N1700'53 E PROFESSIONAL.LAND SURVEYORS L1 L13 26.76 N0379'35 E O t 0 p N 274 FOURTH STREET L14 41.36 N2145'19 E �udrz" ' ASHLAND,OREGON 97520 L15 I Z39 N6435'12"W $TU No.2 o4 MUS (541)482-6474 L71 23.17 N234T07"Etrm Tt _31 _IL / terralnebispnet `„ / JOB No.A224-19