HomeMy WebLinkAbout1983-072 Correction Easement$3-15' 65
CORRECTION EASEMENT
This Easement cancels and supersedes the easement granted by
the City of Ashland to Vincent L. Oredson and John D. Todd recorded in the
office of the Jackson County Recorder on July 26, 1982, as Document Number
82-10582.
KNOW ALL MEN BY THESE PRESENTS, that the CIT~ OF ASHLAND, OREGON
a municipal corporation of the State of Oregon, hereinafter referred to
as "Grantor", hereby grants, bargains and sells and conveys an Easement
for ingress and egress and for installation and perpetual maintenance
of sewer and water lines, electrical and'telephone lines, cable T V,.ga~-,
and irrigation water lines to VINCENT L. OREDSON and JOHN D. TODD, their
heirs, successors and assigns, hereinafter referred to as "Grantees", over
]and situated in the County of Jackson, State of Oregon, described as
follows:
Commending at the southwest corner of Lot 3, Block 5,
Mountain Ranch Subdivision Unit ~4, of the City of
Ashland, Jackson County, Oregon, according to the
official plat thereof now of record, thence South 63~00'21''
West 35.19 feet to a point on the boundary line of said
Mountain Ranch Subdivision, the True Point of Beginning:
thence a strip of land one foot wide, the westerly boundary
of which bears South 2%°01'37" East,4.925 feet; thence
"South 23°39'19'' East, 42.17 feet, along the westerly
.. end of Lupine Drive; also shown on said plat as the one
foot wide street plu~ at the westerly end of Lupine Drive.
Sa~d Easement shall be for ingress and egress to the followin~
described land and also for t~e installation and perpetual maintenance
of sewer and water lines, electrical.and telephone lines, cable televis~o'
and irrigation water lines, all for the benefit of the following describe,
]and.
Said Easement shall be appurtenant to the following described
land situated in the County of Jackson, State of Oregon, described as
lows:
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Parcel 1:
That portion of the West 1/2 of the NW 1/4 of the NW 1/4 of Section 23,
and of the East 1/2 of the NE 1/4 of the NE 1/4 of Section 22, Township 39,
Range i East, Jackson County, Oregon lying southeasterly of Ham,ilton
Creek and southwesterly of Mountain Ranch Subdivision, Units 3 and 4,
City of Ashland, Jackson County, Oregon.
Parcel 2:
The West 1/2 of the SW 1/4 of the NW 1/4 of Section 23, Township 39,
Range 1 East, Jackson County, Oregon.
Also two parcels in the East 1/2 of the SE 1/4 of the NE 1/4 of Section 22,
Township 39, Range I East, Jackson County, Oregon, as follows:
Parcel 3:
Beginning at a 3/4 inch galvanized iron pipe with a 3 inch diameter bronze
disk situated at the quarter corner conmon to Sections 22 and 23, said
Township and Range; thence North 00°13'45'' West (Government Record North)
along the section line common to said sections, 1,084.965 feet to a point
which bears South 00°13'45'' East, 241.09 feet from a 1 inch galvanized iron
pipe with a 2 1/2 inch diameter bronze cap situated at the North sixteenth
corner common to Section 22 and 23, said Township and Range; thence leaving
said section line, South 64°51' West, 247.27 feet; thence South 33o58'45"
West, 782 feet, more or less to a point in the West boundary line of the
East half of the Southeast quarter of the Northeast quarter of said Section
22; thence Southerly along said Westerly boundary line, 329 feet, more or
less, to the Southwest corner thereof; thence Easterly along the South boundary
line of the Northeast quarter of said Section 22, 664 feet, more or less to the
point of beginning. Containing ll.9 Acres, more or less.
Parcel 4:
Beginning at a 1 inch galvanized iron pipe With a 2 l/2 inch diameter bronze
cap situated at the North Sixteenth corner common to Sections 22 and 23, said
Township and Range; thence South 00°13'45'' East (Government Record North)
along the section line common to said sections, 241.09 feet to a point; thence
leaving said section line, South 64°51' West, 247.27 feet; thence South
33o58'45'' West, 782 feet, mo-re or less, to a point in the West boundary line
of the East half of the Southeast quarter of the Northeast quarter of said
Section 22; thence Northerly along said Westerly boundary line, 995 feet, more
or less, to the Northwest corner thereof; thence Easterly along the Northerly
boundary line of the Southeast quarter of the Northeast quarter of said
Section 22, 663 feet, more or less, to the point of beginning. Containing
8.2 Acres, more or less.
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Said Easement is perpetual in nature and non-exclusive. Further,
said easement is granted on the express condition that it be used for ingress and egress to
and for installation and perpetual maintenance of sewer and water lines, electrical
and telephone lines, cable TV, gas ~- and irrigation water lines on said Parcels
along the land hereinafter described and only along said land, with said land being
located in the County of Jackson, State of Oregon:
A parcel of land lying in the West Half of the Northwest Quarter of the
~orthwest Quarter and the West Half of Southwest Quarter of the ~orthwest
Quarter, Section 23, Township 39 South, Range ~'East of the Willamette.Meridian,
Jackson County, Oregon; the sai~ parcel being that portion of sa~d property
included in a str~p Of land 40.O0 feet in width being 20.00 feet.'on 6ach side
of a centerline described as follows:.
Commencing at the most southerly corner of L~t 3, Block ~ of Mountain Ranch
Subdivision Unit ~o. ~ to' the City of As, hland situated in the ~orthwest
Quarter of said S2ction 23, according to the official plat thereof, now of
record; thence South 63°00'21,! West 3~.19 feet along the northwesterly, line
of Lupine Drive to the point of intersection wit'h the southwesterly boundary
of said subdivision;' thence South ,21°01'37'' East 4.92~ feet along said
boundary to an angle point; thence continue along said boundary South 23°39'19''
East 18.63 feet to She point of intersection with the centerline of Lupine
Drive designated Station 0+00 for the true point of beginning;' thence South
63°00'21'' West 40.0? feet to an angle point; thence South 23°39'19'' East 61.~8~
feet,parallel with and 40.00 feet distant Southwesterly from said subdivision
boundary~ as measured at a right angle therefrom, to an angle point; thence
South 3~°30'23'' East ?~.04 feet to a point of curvature'; thence along the arc
of an 80.00 foo~ radius curve to the right 17~.~6 feet ('the long chord of which
bears South 27°21'42~'' West 142.39~ feet) to a point of tan~ency which lies
20.00 feet distant ~ortherly from the southerly line of the ~est Half of the
Northwest Quarter of the Northwest Quarter of Section 23, said Township and
~ange, as measured at a right angle therefrom; thence North 89°~6'12'' WeSt
38~.32 feet parallel with said line to a point of curvature; thence along the
arc of a 100.00 foot radius curve to the left 92.90~ feet (the long chord of
,hich bears South 63°36'~'' West 89.60 feet) to a point of tangency; thence
South 3?o00'00'' West ~.16~ feet to a point of curvature; thence along the arc
o£ a 100.00 foot radius curve to the left 64.99~ feet (the long chord of which
bears South 18°2~'~1~'' West 63.82 fbet) to a'point of tangency which l~es
20.00 feet distant Easterly from the westerly line of the West Half of the
CORRECTION EASEMENT - 3
$3.-15 65
Southwest Quarter of the Northwest Quarter of said Section 23, as measured at
a right angle therefrom; thence South 0o12'57" F~st 102o23 feet parallel ~-lth
said line to a point of curvature; thence along the arc of a lO0.OO foot radius
curve to the right 58o3~ feet (the long chord of which bears South 16°30'03''
West ~?-~3 feet), to a point of tangency; thence South 33°13'03"' West 6o2~
feet to Station 11+16.445 at the point of termination on the westerly line
of the West Half of the Southwest Quarter of the ~orthwest Quarter of said
Saction 23-
'The sidelines of the above described strip of land are to be lengthened or
shortened to intersect with the southwesterly boundary of said Mountain Ranc~
Subdivision Nnit No. 4 and the westerly line of said West Half of'the South-
West Quarter of the ~orthwest Quarter.
Subject to exi6ting e~ept±ons and reservations
The legal.description immediately .described above is subject
to realignment with respect to standards as may be imposed by the
Grantor if land to the South of Lupine DYive is 'annexed to the City of
Ashland.
The consideration for said Easement is ONE DOLLAR '($1.00) and
other wood and valuable consideration, the receipt of which is hereby
acknowledwed-
Use of the Easement by Grantees is limited to one (1) sin9le
family residence and farm use on each of Parcels One, Two, and Three above
described. ~s for Parcel Four, the use is limited' to it bein9 by the
Southern Orewon Nature Conservancy or other mublic entities for recreational
and open space use only.
Further, the Grantees, in exchanwe for this Easement awree
to improve Lupine Drive between Greenmeadows Way and the westerly
boundary of the Mountain Ranch Subdivision with curb, 9utter, and pavin9
to City standards and at no cost to the abuttin9 property owners and
with such improvements to be completed within one (1) year from the date
this Easement is siwned by the Grantor. '
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WITNESS ITS HANDS AND SEALS this /~day of May, 1983.
Receded
O~:'ICIA~ RECORDS
SliP 15 1983/o.~.
CITY OF ASHLAND, OREGON,
a Municipal Corporation
L. GORDON MEDARIS, Mayor
By
NAN FRANKLIN, City Recorder
STATE OF OREGON )
: SS.
County of Jackson )
May / ~)' , 1983.
Personally appeared L. GORDON MEDARIS, who being duly sworn
did say that he is the Mayor of the City of Ashland, and NAN FRANKLIN,
who being duly sworn did say that she is the City Recorder for the City
of Ashland, and that said Easement was signed on behalf of said City
by authority of its City Council; and they acknowledged said instrument
to be its voluntary act and deed.
· ANN' ,;AK~R '
:.;'~ NOTARY PUBlIC ~ OREGON
Notary Public for Oregon~
My Commission Expires: d'~-~
~ON and JOHN E. TODD, the Grantees in
this Easement, hereby agree to the terms and conditions contained in
said Easement.
Dated:
Dated:
STATE OF OREGON )
: SS.
County of Jackson )
VINCENT L. OREDSON
JOHN D. TODD
Personally appeared before me, VINCENT L. OREDSON, representing
himself a.~d'~hp.being duly sworn is power of attorney for JOHN D. TODD,
...' \\\. /,',~ '.~. ~,; <~L~i~
has e~.e'd"'th'.~,'~-~nstrument this ~ day of ~; 1983.
/ :' ~r)-I"/,, %'?' "~
, ... :.: Notary Public for Oregon
,c.....
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