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HomeMy WebLinkAbout2015-003 Easement - SB Development Jackson County Official Records 2015-002292 R-EA Cnt=1 HELMANCD 01/27/2015 02:31:34 PM Cnt $30.00 $5.00 $10.00 $5.00 $8.00 TOtal:$92.00 $11.00 $20.00 $3.00 01653445201500022920060066 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk RETURN DOCUMENT TO: City of Ashland Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 GRANTOR: SB Development, LLC. GRANTEE: CITY OF ASHLAND, JACKSON COUNTY, OREGON TRUE AND ACTUAL CONSIDERATION: $[$0.001, the sufficiency of which the Grantor deems sufficient. PUBLIC UTILITY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record., SB Development,. LLC, an Oregon Limited Liability Company, (the "Grantor"), owner of property legally described in exhibit A herein Incorporated (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee"), a permanent, appurtenant and nonexclusive easement for a right of way 10 feet in width together with the right of access to the right of way from adjacent land of Grantor for all activities in connection with the purposes for which this easement has been granted. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described as an area Five (5) feet on either side of a line legally described as follows: Exhibit B & C herein incorporated (the "Easement Area"). 3. Purpose. This easement Is with all purposes for of the construction, reconstruction, operation, maintenance, repair, replacement, enlargement and removal of any utility of the City including but not limited to water, sewer, electricity, and communications, and whether they are above or underground, and all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities"). Further purposes of this easement Is the present and (without payment therefore) the future right to keep the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain Its utilities. Public Utility Eascment And Agreement Page 1 of 6 4. Terms and Conditions. 4.1 Grantor shall have the right to use the area within the easement in any manner that does not reasonably interfere with facilities within the easement area. 4.2 Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. Pursuant to such work, Grantee shall: A. Fill any and all excavations as soon as practicable after opening; I B. Dispose of all brush and debris; i C. Replace in their former condition all improvements, trees, ornamental shrubs and crops, if practicable, as soon as possible after damage or destruction, but if not i practicable then pay to Grantor the reasonable value thereof. D. Accepts all responsibility for maintenance of any facilities placed on the easement. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the facilities, i F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of i the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, losses and expenses that may in any i manner result from or arise out of the purpose and activities permitted under this easement. I 5. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the right of way and no longer has any future need therefor. 6. Litigation costs, In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, 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 WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of Jaunuary, 2015. R R; GRANTEE: SB Devel ent, LL.C CITY ACCEPTANCE (ORS 81808); CITY OF ASHLAN4, GRANTEE l Robert Mayers, Partner By t3ave Kanner, C y Administrator Public Utility Easement Arid Agr•eerrient AP ° ?OVE R[1 i Page 2 of 6 r-~Y Ashlan City Attorney Dat ) -9 ! - 1 • OFFICIAL STAMP DEBORAH ANN MARTIN NOTARY PUBLIC-OREGON • COMMISSION NO. 931934 MY COMMISSION EXPIRES SEPTEMBER 04, 2018 STATE OF OREGON ) - ) ss. County of Jackson } Personally appeared before me this 2-J day of January, 2016, Robert Mayers, and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Commission Expires:.-.19 STATE OF OREGON ) } ss. County of Jackson } Personally appeared before me this V day of January, 2015, Dave Kanner, and, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP _ DIANA RENEE SHIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 932046 Notary Public for Oregon MY COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires: ti i E t { I i t Public Utility Easement And Agreement f E Page 3 of 6 f I EXHIBIT 'A' PARCEL 1s From a point found by measuring North 1233.0 feet from the Quarter corner between Sections 14 and 23 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, to an intersection with the Northerly right-of-way line of Pacific Highway 899; thence South 56'13' East 305.75 feet) thence North 435.60 feet to tho true point of beginning; thence continue North 290.40 feet] thence Borth 56'13' West 02.50 fact; thence South 290.40 feet; thence South 56'13' East 82.50 feet to the true point of beginning. For Informational purposes only, the following is included: (Map No. 391Ei4U, Tax Lot 1800, Account No. 1-011852-4, Code 5-08) VARCEL 2: From a point found by measuring North 1233 feet from the Quarter corner between Sections 14 and 23 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, to an intersection with the Northerly right-of-way line of Pacific Highway No. 99; thence South 56'13' East 385.2 feet; thence North 580.8 feet to the place of beginning; thence continue North 145.2 feet to the North line of Roberts Tract; thence South along said line 56'13' East 305.25 feet to the Nest line of a 40 foot road; thence South 145.2 feet along said road; thence North 56'13' Wast 385.2 feet to the place of beginning. For Informational purposes only, the following is included: (Map Map No. 3919140, Tax Lot 1900, Account No. 1-011853-2, Code 5-01) I I II I I Public Utility Rasemeut And Agreement Page 4 of 6 i Exhibit B William Colisch PLS, PC ' 291 Pyle btive Grants Pass, OR 97527 541-474-1081, 472-0009 fax Survey~a.charter.rret Proposed Lease Area. MD01 Ashland South Commencing at the monumented northeast corner of Parcel 3, as shown Pattitlon Plat P-59- 1995 In Jackson Courtty, Oregon; thence North 28°01'30" West, 31.88 feet, to th9 true point of 13e9ln11119; thence Norili 56°05'47" West, parallel with the northeast line of said Parcel 3, a distance of 46,36 feel; thence North 00'02'32" East, 64.17 feet; thence South 89°67'28" East, 38.50 feQt; thence South 00°02'32" West, parallel with the east line of said Parcel 3, a distance of 80.00 feet to the true paint of beginning. Containing 2583 square feet of land, more or less. Bask of Bearings: Filed Survey 16469 Proposed Access Easement A twenty foot wide access easement, the centerllne of which Is described as follows: Commencing at the southeast corner of the above described tease area; thence South 89°57'28' East, 5.00 feet to the true point of beginning of the centerline to be described; thence North 00102'32" East, 69.00 feat: thence 19.77 feet along the are of a 20.00 foot radius curve to the left (the long chord of which bears North 28°16'27" West, 18.97); thence 1937 febt along the arc of a 20.00 foot radius curve to the right (the long chord of which bears North 28°16'27" West, 18.97); thenco North 00°02'32" East, 69.76 feet; thence 32.60 feet. along the are of a 20;12 foot radius curve to the right (the long chord of which bears North 46°49'16" East, 29.15'); thence South 87°06'33" East 11.76 feet; thence 61,62 feet along the aro of a 50.00 foot radius curve to the loft (the long -chord of which bears North 63°19`02" East, 49.351); thence North 33°44'37" last, 21.27 feet to the southwest line of Mistletoe lRoad. P1,0D.0sed M1111ty Easement_ A•teh foot wide utility easement, the centerline of which is described as follows: Commencing at the northwest corner of the above-described lease area; South 89"6728" East, along the north line thereof, 30.50 fret to the true point of beginning of ttte centerlhe to be described; thence North 00°02'32" East, 197.70 feet to the southwest line of Mistletoe Road, arol~r~eu ~ t?nohe igNAL LP S_AVdYOA f i oRc'abr~ WILLIAM 6bLisol9 avvo i • - 1 • i i Public Utility Easement and Agreement Page 5 of 6 Exhibit C Exhibit Map forAT&T Wireless 8II0 M001 A911100 south rS~f~ June 24.2013 a SGA1_E ' T' 40' ~ OF Q I ~~2 w b n / fl z VI 11 L r. ° y 15 Proposed i.. ~ ( ~0' Aece9s ~asemel~t I Taxtot 1900 rteai3TEREI) PROFESSIONAL i LANI)SURVEYOR t I I Jwy 191994 WILQA!! C0LI8CH 38.64' Cr? S 89'07`1,8 ~ LINT BEARING DISTANCE °m I Taxlot 2000 t.1 N 00102'32' R 09.00` to Proposed L2 N 00'02'32' C 60.10 AT&T Wireless L3 S 87'x'33" E 11.7F o Lease Area L4 N39407'E 21.27' 3 I CURVE DELTA _ RADIUS ARC LENGTH CHORD 01143 MINGTH 01 66°37'69' 20,00' 1837` N 284627' W 10.97 `i 02 66°37'60~ 20100' 19.77` N26'18'27°W 1x.97' Ms6o S I 03 92'00'86" 20,12 32.601 N 40'49'16" H 20.16' 61$ C4 co*azi'6a° 60,Q0' 611021 N03°19'02"E 48.35 4~. ~A~`/fAri7 G N 28°01'3(3" W sr,90 31.OQ' {tieJ S TzWot 2402 R AW~{39ii~+14D Tsxlotlaa0 Public Utility Easement and Agreement Page 6 of 6