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Home My WebLink About2003-220 Easements - ButlerCITY OF , SHLAND NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN DATE: PROJECT: JOB NO.: SUBJECT: DECEMBER 1,2003 ORIGINAl. DEEDS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: 1. Permanent pedestrian easement through the Creekside Cottages Condominium (Doc #03- 80725) 2. Utility easement within the Butler Hillview Development (Doc. #03-80656) 3. Utility easement within the Bulter Hillview Development (Doc. #03-80657) ENCLOSED UNDER SEPARATE COVER REMARKS: Please file the attached original recorded documents. COPIES TO: Paula Brown Bill Molnar Department of Public Works Engineering Division B y: J ames n. O ls o n Title: City Surveyor/P/r,6~ect Manager PUBLIC WORKS Tel: 541488 5587 20 E Main Street Fax: 541488-6006 Ashland,www.ashland.or.usOregon 97520 TTY: 800-735-2900 CiTY OF ASHLAND NOT1CEOFTRANSMITTAL TO: BARBARA CHRISTENSEN DATE: PROJECT: JOB NO.: SUBJECT: DECEMBER 1,2003 ORIGINAL DEEDS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: 1. Permanent pedestrian easement through the Creckside Cottages Condominium (Doc #03- 80725) 2. Utility easement within the Butler Hillview Development (Doc. #03-80656) 3. Utility eascment xvithin the Bulter Hillview Development (Doc. #03-80657) ENCLOSED UNDER SEPARATE COVER REMARKS: Please file the attached original recorded documents. COPIES TO: Paula Brown Bill Molnar Department of Public Works Engineering Divisionf") ///~ By: James H. Olson Title: City Surveyor/P/r,~ecfManager PUBLIC WORKS Tel: 541488-5587 20 E Main Street Fax: 541~!88-6006 Ashland, Oregon 97www.ash]and.or.us520 TTY:800 7352900 Name of Transaction: Grantors: Return Document to: True and Actual Consideration: Send Tax Statements to: Pedestrian F, ascment Sage Development, LI,C. City of Ashland City Rccorder 20 East Main, Ashland, OR. 97520 $1.00 Sage Development, LLC. 2305 Ashland St. Ste. C-446 Ashland, OR. 97520 PERMANENT PEDESTRIAN EASEMENT FOR CITY OF ASHLAND 1. Grant of Easement. Thc above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspcct, repair, maintain, and remove and replace a public pedestrian easement and sidewalk across, along and upon thc real property described below and further refbrrcd to in this easement agreemcnt as the "easement area." The easement area is located in Jackson County, Oregon, and is described on the attached Exhibit A. 2. Usc of Surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes et'the easement area, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of Grantee. 3. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances o1' record. State of Oregon, County of Jackson This icstrumcnt was acknowledged betbre me on by ~o _,~-~/,4--/g° rg~ /7'/~/a,~ ,2003, EXHIBIT A LEGAL DESCRIPTION A strip of land being 5 feet in width and lying 2.5 feet on either side of the centerline of an existing sidewalk, said centerline being described as follows: Commencing at the Southeast corner of CREEKSIDE COTTAGES CONDOMINIUM, according to the official plat thereof, now of record, in Jackson County, Oregon; thence along the Northeasterly line of Siskiyou Boulevard, North 56°05'41" West, 112.52 feet to the true point of beginning; thence South 67°22'21'' East, 2.49 feet; thence along the arc of a 31.60 foot radius non-tangent curve to the left having a central angle of 23°37'55'', a distance of 13.03 feet (the long chord of which bears South 74013'24'' East, 12.94 feet); thence South 81°57'43'' East, 6.02 feet; thence along the arc of a 12.51 foot radius non-tangent curve to the left having a central angle of 85°53'49'', a distance of 18.75 feet (the long chord of which bears North 55°56'34'' East, 17.04 feet); thence along the arc of a 36.58 foot radius non-tangent curve to the left having a central angle of 17°15'35'', a distance of 11.02 feet (the long chord of which bears North 19046'05'' East, 10.98 feet); thence North 09009'47'' East, 27.04 feet; thence along the arc of a 22.24 foot radius non-tangent curve to the right having a central angle of 43°30'06'', a distance of 16.95 feet (the long chord of which North 21°13'51'' East, 16.55 feet); thence North 37032'58'' East, 14,43 feet; thence along the arc of a 30.04 foot radius non-tangent curve to the left having a central angle of 41°43'44'', a distance of 21.78 feet Ithe long chord of which bears North 23°56'17'' East, 21.31 feet); thence North 00°33'16'' East, 29.69 feet; thence North 02027'37'' West, 33.74 feet; thence North 00027'27'' East, 50.45 feet; thence along the arc of a 26.75 foot radius non-tangent curve to the left having a oentral angle of 33°00'43'', a distance of 15.41 feet (the long chord of which bears North 04°05'12'' West, 15.20 feet); thence along the arc of a 37.53 foot radius non-tangent curve to the right having a central angle of 26°37'21'', a distance of 17.44 feet (the long chord of which bears North 09002'45'' West, 17.28 feet); thence North 02°40'18'' East, 16.04 feet; thence along the arc of a 8.81 foot radius non-tangent curve to the right having a central angle of 98°15'21'', a distance of 15.10 feet (the long chord of which bears North 43°02'14'' East, 13.32 feet); thence South 88012'20'' East, 18.94 feet; thence along the arc of a 6.54 EXHIBIT A LEGAL DESCRIPTION foot radius non-tangent curve to the left having a central angle of 88~45'17'', a distance of 10.13 feet (the long chord of which bears North 30°35'12'' East, 9.14 feet); thence North 01°36'06" East, 32.27 feet to a point begin 2.50 feet Easterly of when measured at right angle to the East line of said CREEKSIDE COTTAGES CONDOMINIUM; thence parallel to and 2.50 feet Easterly of said East line, North 00°01'38" East, 7.46 feet to the South line of Jaquelyn Street and the point of terminus. PUBLIC PEDESTRIAN EASEMENT ACROSS CREEKSIDE COTTAGES CONDOMINIUM AND 391E14CA TL1600 Sage Development November 20, 2003 01-279 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 17, 1986 JAMES 2E2.34H I BBS RENEWAL DATE 6-30-05 HATCHED AREA INDICATES PUBLIC PEDESTBIAN £AS'EMENT EXHIBIT "A" Jackson County, Oregon Recorded OFFICIAL RECORDS q l~OV 2 6 2003 ¥ CLERK O3 g~ antee: CiO/i)~-~TsliT~l~d, Oregon Document to be Retulned to: Barbara Chfislensen, City Recorder 20 Easl Main, Ashlaud, OR 97520 ]~ue and AclL~al Consideration: $1.00 Send Tax Slatements to: Nol apl)licable PERMANENt UIILr!tES EASEMENr FOR city OF ASI ILAND I. Grant of easement the above trained Gtan[om grant to the City of Ashland, Olegotr, "Grantee," a pelpetual noo exclusive easement ii] gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove arrd replace public utility facilities including but not limited to, lines for electricity, sewel, water, gas and telecommunicatioas on leal ploperty described below and further fefened 1o io this easement agreement as the "easement area." lhe easement ama is located in Jackson County, Oregolr, and is described as follows: See the attached Exhibit A. 2. Use_ 9.[_.s_uj_f(~c_e_ Gmntom shall have tile light to use tile easement alea for all pulposes not inconsisteat with tile uses aod pulposes of the property, provided that Gmntols shall not build or place aay structure upon the easement area without tire prior written consent of Grantee, 3. Access to Easement Alea. Glantee, its agents, indepeodent contractors and iovitees shall have the rigid of ingress and egless to the easement ama for the pt..poses connected with this easement. 4. Notice. Olantee, its ageots, independent conbactom and invitees shall, upon every occasion thai. such public utility facilities me consflucted, irlaintained, replaced, ieconstn, lcted, ol lemoved, plovide Gmntom leasonable notice aod lesto~e the plenlises of tile Gmntom, and aoy builctings oI impiovements disturbed by Grantee, as aear as practicable 5. _~ el~njn'_ati(~)13. All fights heleundel shall cease if aim when the easemeat alea ceases to be used roi pablic utility pulposes. 6. PliOl Encumblances [his easenlent is gmnled subject to all pdor easemeots or eacuiid}rallces of lecold. State or Olegon County of Jackson 'this instlument was acknowledged befme me ()il 2003, by I OFFICIAL SEAL J PATRI6IA HILLS J NOTARY PUBLIC-OREGON J COMMISSION NO. 370609 J MY COMMISSION EXPIRES AUG. 24, 2007J Notmy Public for Oregon . My commission expires:_~,:_ . /, I~;XIIIBIT "A" Commencing at a point [br the Northeast corner of/ract described in Instrument No. 85~ 13500 of Ihe I)ced Records oF Jackson Cotmty, Oregon, said point being lhe point of inlerscction of thc Sotdherly rigid ol-way linc of Grant Street and the Soulhwestcrly right or'way line {d' North Main Street:thence No, th 89043'27'' Wesl along said Southerly Hght-ol:way line of Granl Street. 263.99 t~e~ h~ thc POINT OF BEGINNING: thence leaving said right-ol:way line South 00°17'(15`' East 198.48 lket to a point on II~e Southerly boundary of the tract described in Instrument Nu. 92-10003, said Deed Records; Ihence North 89"50'43" West ahmg II~e Soud~erly botmdary o[ said h'act 10.00 I~et; thence leaving said botmdary North 00°17'0Y' West 198.50 tket to a poiut on lhc albremeutioncd Suutherly right-olLway linc of Grant Street; thence South 89"43'27" East aluug said right-ol~wa5 line 10.00 Iket to II~e I'OIN/' OF BEGINNING. DOUGLAS C,, fv~cM/-~d~/M"l ~ 1)ouglas C. McMahan I,S. 1913 -Oregon l~xpires 12/31/04 llollbuhr & Associates, Inc. Jackson County, Oregon Recorded OFFICIAL RECORDS NOV 2 6 2003 , %:s-t r-'X COUNTY CLERK Bullet l~asemcnt Ibr tllilitics November 20. 2003 (bth ease.dcm) I)CM:am O3 80657 glalrtee: Doculr]ellt to be IRetulned 1o: 'hue and Actual Cousideration: Send rax Statements to: Cily of Asliland, Oregon Balbata Chtislensen, Cily Recorder 20 Eas! Main, Ashlaud, OR 97020 $ f. O0 Not applicable PERMANENI UIILIHES EASEMENr FOR CIIY OF ASttLAND 1. Gf au[ of easement. 'I he above uamed Grautors graut to tile City of Ashland, Olegou, "Grantee,' a pelpetual non-exclusive easement in gross to construct, recoastruct, install, use, operate, iuspect, lepair, alaintain aud remove and replace public utility facilities inch.ding but not limited Io, lines for electricity, sewer, water, gas and telecommunications oil real properly described below and further leferred to in this easeloent agreement as the "easelrlent 81ea." 1 he easemenl area is located ill Jacksou Ceuuty, Olegon, and is described as follows: See the attached Exhibit A. 2..U_ s_e_ 0_[_s_uj:[a_c_e_. Grantors shall have tile fight to use tile easemea[ ama for all pLuposes not iuconsistent with the uses aud pulposes of the property, provided that Omntols shall uot build or place any struckue upon the easement area witlrout tile pdor wlitten couseut of Gmlltee. 3. _A._c_cE__s_s_J.o_._E__a_8_e.m~ej~J Ale_ a. Grantee, its agents, independent contfaclom arid invitees shall have the fight of ingress and egless to the easement alea for the pulposes conuected with this easement. 4. Notice. Olantee, its agents, iudepeudent conUactors and invitees shall, LIpoll every occasiou that such public utility facilities ale constlucted, maildained, replaced, mcollshucted, al removed, provide Glautols leasonable notice and restore the promises of the Glantors, aid any buiMiugs or improvements disturbed by Grantee, as neal as placticable. 5. 'l'eludj~_ati_o,U. All lights heieuadei shall cease ir arid wheu tile easemeut mea ceases to be used roi i)ublic utility purposes. 6. Pliol Eucunlblanc_es. '! his easement is granted subject to all prior easemel!ts al ellCUlHblauces of lecol(t. ,Aid I (.)RS State of Olegou County of Jackson ]his iustrumeul was acknowledged befole me oil I ~ i ~ I I 2003, by Notaly Public for Oregoa. E~hibit, ~ Page.,,, i ot 03 80657 EXIIIBi [' "A' Commencing at a point for the Northeast comer of tract described in Instrument No. 85~ 13500 of the Deed Records of .lackson County, Oregon, said point being the point of intersection of the Southerly right-of-way line of Grant Slreet and the Southwesterly right-of-way line of North Main Street; thence North 89"43'27" West along said Southerly right-of-way line of Grant Street, 76.43 feet to the POINT OF BEGINNING; the~ce leaving said right-of-way line South 00"16'33" West 17.65 feet; thence South 07°43'23" West 120.31 feet to a point on the Southerly boundary of the aforementioned tract described in Instrument No. 85-13500: thence North 89"50'43" West along the Southerly boundary of said tract 25.53 feet; thence leaviug said boundary North 05°06'07'' West 10.04 feet: thence South 89°5(P4Y' East 17.69 feet; thence Nnrth 07°4Y2Y' East 110.90 feet; thence North 00°16'3Y' East ]7.00 feet to a point on the aR~rementioned Southerly right-of-way line of Grant Street; thence South 89043'27'' East along said right-of-way line 10.00 feet to the POINT ()I" BEGINNING. L LAND SURVEYOR / LILY 18, ![380 Douglas C. McMahm~ L.S. 1913 Oregon Expires 12/31/04 HoftYuhr & Associates. Inc. Jackson County, Oregon Recorded OFFICIAL RECORDS NOW 2003, St /"It" Butler Easement for Utilities January 22, 2003 (01-~ 83) (bth'ease.dcm) DCM :am txhibl!.,. D Page. 'Z of .i2-