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Home My WebLink About2012-279 Easement - Roberts Jackson County Official Records 2012-039250 R-EA Cnt=1 SHINGUS 11/1612012 10:50:21 AM r $40.00$10.00$5.00$11.00$15.00 TOtal:$84.00 $3.00 , After Recordine Return To: IIIiIIII III II IIIIIIIIIIIII I VIII II IIIIIIIIIIII III Joseph E. Kellerman 01555256201200382500080083 Homecker, Cowling, Hassen & Heysell, LLP I, Chtlrtine walker, county Clark for Jackson County, Oregon, certify that the instrument Identilled heraln waa recorded in the Clerk 717 Murphy Road records. Medford, OR 97504 Christine Walker -County Clerk Send Tax Statements To: - Jeff Roberts 402 North Laurel Street Ashland, OR 97520 EASEMENT AGREEMENT This Agreement is made and entered into this 9 day of OCL 2012, by and between Jeffrey K. Roberts (hereinafter "Roberts") and City of Ashland, a municipal subdivision of the State of Oregon (hereinafter "City"); WITNESSETH RECITALS: A. City has record title to real property legally described in Exhibit A hereto. Roberts owns property legally described in Exhibit B hereto. B. There is a portion of real property within the metes and bounds descriptions of City's title that Roberts claims has been adversely possessed by his predecessors in interest long before City acquired any interest in the same. C. This claim is based upon long existing fence that was situated, and according to Roberts, was utilized by himself and predecessors in interest as if it demarked the boundary line between the parties' respective parcels. D. There is a roadway that serves as access to Roberts' Exhibit B property. On the northerly border thereof is the area in question that Roberts claims to have acquired by adverse possession. Said area in dispute is attached hereto as Exhibit C and is depicted on the map attached hereto as Exhibit D. E. City has requested that Roberts allow City access over and across a portion of Roberts' property as and for access to the City's property. Roberts is willing to do so on the terms and conditions hereinafter set forth. In addition, City is willing to grant Roberts an easement to the Exhibit C property on the terms set forth herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: EASEMENTAGREEMENT -Page t ! I. City hereby grants to 1) Roberts and 2) all other property owners who currently have lawful access across portion of roadway on Robert's Exhibit B property a perpetual easement for access, utilities and any other purposes over and across that portion of City's property which is hereby legally described in Exhibit C hereto and depicted on the j map attached hereto as Exhibit D. This easement is exclusive in favor of Roberts and the other property owners who currently have lawful access across portion of roadway on Robert's Exhibit property, except that City may utilize easement area solely for access and fire protection purposes to City's remainder adjacent property to the north thereof . City may use the easement area only in emergency circumstances and only when City has no other reasonably convenient and viable access to City's remainder adjacent property. 2. Roberts hereby grants to City a non-exclusive easement over and across that portion of the roadway depicted on Exhibit D hereto that is due south of the Exhibit C easement that runs in a generally east/west direction. City's rights under this easement is solely for the purpose of allowing City access to its adjacent property located to the north and only for emergency purposes when there is no other reasonable access available to the City's adjacent property. 3. Roberts may install gates on the roadway that serves his property in such manner as he deems prudent and necessary. If such gates are locked, Roberts shall provide City with the means to gain access through the same for the purposes set forth in paragraph 2 above. 4. Should City, while exercising its rights herein, cause damage to Roberts' property, City shall restore the property to its pre-damaged condition all at City's sole expense. Otherwise, City shall have no obligation to maintain all or any portion of the area within easement granted to Roberts or the limited access rights granted to City herein. 5. The easement in favor of Roberts and the other property owners who currently have lawful access across portion of roadway on Robert's Exhibit B property herein is binding and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. The easement inuring to the benefit of City is personal to the City and shall automatically terminate should City convey the adjacent real property to the north to any third party, person, or entity. 6. This Agreement shall be construed as if it was jointly drafted by the parties hereto. i 7. Each of the parties hereby agrees to save, protect, indemnify and hold the other party harmless of and from any and all actions, claims, suits, demands or liabilities arising from or attributable to the other party's, or the other parties' guests, licensees, invitees, employees and/or agent's, exercise of any rights under this Agreement. 8. In the event suit, action or other proceeding is instituted to enforce or interpret ! any term, covenant or condition contained herein, the prevailing party in such suit or action EASEMENT AGREEMENT -Page 2 shall be entitled to recover from the non-prevailing party such costs as may be allowed by law and such prevailing party's reasonable attorneys' fees incurred through trial and upon any appeal therefrom. 9. The parties agree that the consideration for the easement is the resolution of the issues recited above. The parties agree that the mutual promises and covenants contained herein is adequate and valuable consideration. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as the date and year first above written. d9lll~-- Jeffrey K. Roberts State of Oregon ) County of Jackson ) This instrument was acknowledged before me on & day of D~ 201 y Jeffrey K. Roberts, to be the person who executed the within instrument. c Notary for Ore A M. CHRISTENSEN KCOWISTON FFICIAL SEAL Y Oregon BARBARA Y PUBLIC-OREGON / No. 442684 My Commission expires:yE5 SEPT. 16.2013 J n Strom rg, Mayor City of hland State of Oregon ) County of Jackson ) This instrument was acknowledged before me on day of 2012, and personally appeared Jeffrey K. Roberts, to be the person who executed the within nstrument, pursuant to authority, and acknowledged to me the executive hereof. 'Notary Public for Oregon OFPICIAL SEAL BARBARA M. CHRISTENSEN NOTARY PUBLIC-OREGON COMMISSION NO. 442684 MY COMMISSION EXPIRES SEPT. 16.2013 My Commission expires: 31 Commencing at a 2" iron pipe situated at the quarter corner common to Sections 5 and 8, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence South 00013' 53" East, 1333.07 feet to a 5/8" iron rod for the true point of beginning; thence South 00°13'53" East along that boundary line by Agreement recorded as Instrument No. 78-09396, Official Records of Jackson County, Oregon, 532.67 feet to a 5/8" iron rod; thence South 39216134" West, 158.61 feet to a 5/8" iron rod situated in the southerly boundary line of the north half of the Southwest Quarter of the Northeast Quarter of said Section 8; thence leaving said Boundary Line, South 89058'10" West, along the last hereinabove referred to Southerly boundary line, 67.93 feet to a 5/B" iron rod situated at the Southwest corner of the north half of the South- west Quarter of the Northeast Quarter of said Section B; thence South 89655'41" West along the Southerly boundary line of the north half of the south half of the Northwest Quarter of said Section 8, a distance of 831.15 feet to a 5/8" iron rod situated at the southerly end of that boundary line by Agreement re corded as Instrument No. 78-09397, said Official Records; thence leaving the southerly boundary line as last hereinabove referred to, North 00°13'53" West along that boundary line by Agreement, as last hereinabove referred to, 658.94 feet to a 5/8" iron rod; thence leaving said Boundary Line, South 89051144" East, 1000.00 feet to the true point, of beginning. 1u VI , Commencing at the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 8 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence West, along the North line of said Southwest Quarter, 132.00 feet; thence North, parallel with the West line of said Section 8, a distance of 660.00 feet to the North line of tract described in Volume 574, Page 334, of the Deed Records of Jackson County, Oregon; thence East, along the North line of said tract and the Easterly projection thereof, 792.00 feet to the true point of beginning; thence South, parallel with the West line of said Section 8, a distance of 660.00 feet to the.North line of said Southwest Quarter; thence East, along said North line 660.00 feet to the Northeast corner of said Southwest Quarter; thence North, along the East line of the Northwest Quarter of said Section 8, a distance of 660.00 feet to intersect the North line of tract described in Volume 42, Page 570, of the Deed Records of Jackson County, Oregon; thence %est, along the North line of said tract 660.00 feet to the true point of beginning. For informational purposes only, the following is included: (Map No. 391E08ED, Tax Lot 200, Account No. 1-010125-2, Code 5-11) A strip of land, over and across a portion of that certain property described in Document No. 86-26704, Official Records, Jackson County, Oregon, and located in the Northwest Quarter of Section 8 in Township 39 South, Range I East, Willamette Meridian, City of Ashland, Jackson County, Oregon and being more particularly described as follows: Commencing at the Center Quarter Comer of Section 8 in Township 39 South, Ranee 1 East, Willamette Meridian, thence North 04° 37'23" East, 664.96 feet to a 5/8" iron pin marking the Northeast Corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 8; thence along the north line of said Southeast Quarter of the Southeast Quarter of the Northwest Quarter, South 89° 55' 57" West, 197.18 feet to the point of intersection with the west line of Westwood Street in the City of Ashland, Jackson County, Oregon, said point being also the Point of Beginning; thence continuing along said north line, South 89° 55' 57" West, 291.11 feet; thence leaving said north line, North 0° 04'03" West, 4.00 feet; thence parallel with and distant 4.00 feet from said north line, North 89° 55' 57" East 280.70 feet; thence North 44° 55'57" East 14.68 feet to said west line of Westwood Street; thence along said west line, South, 0° 13'07" East, 14.39 feet to the Point of Beginning. i REGISTERED PROFESSIONAL LA SUR EYOR OREGON JULY 1 B. 1894 RICHARD P. ALSPACH No. 2663 Euplres 'K' ' to EXHIBIT V 39 1E 08BD TL 100 F CITY OF ASHLAND W OR 86-26704 N O O DATE: AUGUST 7, 2012 SCALE: 1"= 100' 3 PROPOSED EASEMENT - - N8935'57"E ~0 STRAWBERRY LANE 280.70' ~v L1 =-r - - - _ i 58935'57W 589'55'57"LY 197.18' 291.11' 1 EXISTING GRAVEL DRIVE ( 518" IRON PIN W/ ALUMINUM CAP MARKED ( 'CSN 1/64' LINE TABLE I LINE LENGTH BEARING L7 4.00 NOO"04'03"W L2 14.68 N44'5557"E L3 14.39 SOO'13'07"E ( 39 1E 05BD ( TL 200 LEGEND ROBERTS PROPERTY LINE OR 2011-13153 I W ( EASEMENT LINE ^ m III,✓✓✓/ ( OR 03-12473 OFFICIAL RECORDS, JACKSON COUNTY, OREGON o to 0 2 THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS ON THIS EXHIBIT SHALL NOT AFFECT THE ( DEED DESCRIPTION. REGISTERED PROFESSIONAL LA,bq SURVEYOR TERRASURVEY, INC" OR GREG N ( PROFESSIONAL LAND SURVEYORS ig N RICHARD F. ALSPACH ( 274 FOURTH STREET Nm 2653 ASHLAND. OREGON 97579 Explre~12-31-2013 (541) 482-6474 terrainebisp.net CENTER }/4 CORNER, SECTION 8 (POINT OF I COMMENCEMENT) EXHIBIT `A' A strip of land, over and across a portion of that certain property described in Document No. 86-26704, Official Records, Jackson County, Oregon, and located in the Northwest Quarter of Section 8 in Township 39 South, Range 1 East, Willamette Meridian, City of Ashland, Jackson County, Oregon and being more particularly described as follows: Commencing at the Center Quarter Corner of Section 8 in Township 39 South, Range 1 East, Willamette Meridian, thence North 04° 37' 23" East, 664.96 feet to a 5/8" iron pin marking the Northeast Comer of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 8; thence along the north line of said Southeast Quarter of the Southeast Quarter of the Northwest Quarter, South 89° 55' 57" West, 197.18 feet to the point of intersection with the west line of Westwood Street in the City of Ashland, Jackson County, Oregon, said point being also the Point of Beginning; thence continuing along said north line, South 89° 55'57" West, 291.11 feet; thence leaving said north line, North 0° 04' 03" West, 4.00 feet; thence parallel with and distant 4.00 feet from said north line, North 89° 55' 57" East, 280.70 feet; thence North 44° 55' 57" East, 14.68 feet to said west line of Westwood Street; thence along said west line, South, 0° 13'07" East, 14.39 feet to the Point of Beginning. REGISTERED r ROFESSIONAL LA SUR EYOR L OREGON JULY 19, 1994 RICHARD F. ALSPACH No. 2663 Expires V/