HomeMy WebLinkAbout1982-029 Easement - OredsonEASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the CITY 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 television
and irrigation water lines to VINCENT L. OREDSON and JOHN D. TODD, their
heirs, successors and assigns, hereinafter referred to as "Grantees", over
land situated in the County of Jackson, State of Oregon, described as
follows:
Commencing 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 21°01'37'' East, 5.00 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 plug at the westerly end of Lupine Drive.
Said Easement shall be for ingress and egress to the followi~
described land and also for the installation and perpetual maintenance
of sewer and water lines, electrical and telephone lines, cable television
and irrigation water lines, all for the benefit of the following described
land.
Said Easement shall be appurtenant to the following described
land situated in the County of Jackson, State of Oregon, described as
follows:
Parcel 1:
Parcel 2:
That portion of the West 1/2 of the
NW ~4 of the NW 1/4 in Section 23,
Township 39, Range 1 East, Jackson County,
Oregon, lying southeasterly of Hamilton
Creek and southwesterly of Mountain Ranch
Subdivision, City of Ashland, Jackson County,
Oregon.
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.
Parcel 3:
The east 1/2 of the SE 1/4 of the NE 1/4
of Section 22, Township 39, Range 1 East,
Jackson County, Oregon.
-1-
Easement
RnNALD L. SALTER
AT'rORNEY AT LAW
ASHLAND, OREGON 97S2{3
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 said Parcels along the land hereinafter described
and only along said land, with said land being located in the County
of gackson, State of Oregon:
Commencing at the southwest corner of Lot 3, Block 5, Mountain Ranch
Subdivision Unit #4, of the City of Ashland, Jackson County, Oregon,
o I
according to the official plat thereof'now of record, thence South 63 00 21"
West 70.38 feet to the the True Point of Beginning; thence a~ private road
40 feet wide the center line of which is as follows; South 23 39'19 East 85
feet; thence South 35030'23'' East 82feet +/- ~o the tangent point of an arc,
the center point of which hes South 54°29'37'' West 80 feet from said tangent
point; thence southwesterly along said arc 175 feet +/- to a point tangent
to a line parallel to amd 20 feet north of a Boundary Line by Agreement
now of record, Jackson County, Oregon, Instrument No. 73-10803; thence
along said line parallel to Boundary Line by Agreement 400 feet +/- to a
tangent point on an arc the center point of which lies to the south 70 feet;
thence along said arc 85 feet+/- to a point tangent to the center line of an
existing road, thence southerly on said road center line to a point on the
east line of the east 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section
22, Township 39, Range 1E, Jackson County, Oregon, which point is 300
feet south of the northeast corner of said tract; thence continuing southwesterly
50 feet to a point of termination within said tract.
to
The legal description immediately described above is subject
realignment with respect to standards as may be imposed by the
Grantor if land to the South of Lupine Drive is annexed to the City of
Ashland.
So long as said roadway is a private road, the expense of
maintaining said road and any gates installed thereon shall be borne
equally by the users of said road.
The consideration for said Easement is ONE DOI.LAR ($1.00)
and other good anc valuable consideration, the receipt of which is
hereby acknowledged.
Use of this Easement by Grantees is limited to one (1)
single-family residence and farm uses on each of the above described
Further, the Grantees, in exchange for this Easement
agree to improve Lupine Drive between Greenmeadox~3Way
RDNALD L. SALTER
ATTORNEY AT I_AW
-2- Easement ,~,, THIRD STREET
ASHLAND, OREGON 97520
parcels.
and the westerly
boundary of the Mountain Ranch Subdivision with curb, gutter and paving
to City standards and at no cost to the abutting property owners and with
such improvements to be completed within one (1) year from the date this
Easement is signed by the Grantor.
WITNESS ITS HANDS AND SEALS this~ day of July, 1982.
Jackson County, O~egon
Recorded
OFFICIAL RECORDS
[?:,//JUL 2 6 1982
~,~WALDENE TERRY
STATE OF OREGON )
: SS.
County of Jackson)
CITY OF ASHLAND, OREGON, a
municipal corporation
GORDON MEDARIS, Mayor
NAN FRANKLIN, City Recorder
July ~ ~ , 1982
Personally appeared 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
.... ~.~, and ~t said Easement was signed on behalf of said City by
aut~Ldr~ o~"L~'~ty Council; and they acknowledged said instrument to
be ats vQ',~un~y~t and deed.
. ~ : ~
% ~ 4t~ ........ ~.' ,c
'~'., ' C/" C~ .,"
We, VINCENT L. OREDSON and JOHN E. TODD, the Grantees in this
Easement, hereby agree to the terms and conditions contained in said
VINCENT L. OREDSON
eersonaZ~ appeare~..~-~.re ~e, VINCEN~ L. ORDESON, representing h~mse~f
and ~ho being ~B~, ~,~'~.~ po~er or a~orne~ ~o~ SOHN D. ZODD, has
-3- Easement
4: RDNALD L. SALTER
........ ' ATTORNEY AT LAW
.:-~-...~,v .' ~ -,-,-,,.,:, ,~-,-,:,~-~-,-
A~HLAND, i'-IRE~nN 9752i-I
Public for
My Commission expires:
day of July ~1982.
Notary Public for Oregon
May commission expires~-~ 7
PO~R OF ATTOrnEY
KNOW ASL MEN BY THESE PRESENTS, That I, JOHN D. TODD, of
Roseburg, Oregon, have made, constituted and appointed and do
hereby make, constitute and appoint VINCENT L. OREDSON, of Ashland,
Oregon, my true and lawful attorney for me and in my name to sell
any lots in any subdivision heretofore created or hereinafter
created within the boundaries of that certain real property
situated in Jackson County, Oregon, as described in Ex~ibit "~"
attac~ed hereto and by this reference made a part hereof.
In connection with any sale my attorney in fact shall have
full authority to sign for and on my. behalf any deed, escrow
instructions, earnest money receipt, contract of sale or any other
documents in connection with any sale for cash or on terms and
generally to act for me in.all hatters .affecting the sale of any
of said lots with the same force and effect in all intents and
purposes as though I were personally present and acting for my-
self, hereby ratifying and confirming whatsoever my said attorney
shall do by authority hereof.
This power of attorney shall be recorded in the Official
Records of Jackson County, Oregon, and shall continue in force
and effect for all purposes heretofore stated to and until a
.revocation is duly recorded in the same office in accordance With
the provisions of 93.670 Oregon Revised Statutes.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
~AR~Y A. SKERRY. JR.
'ORNEY AT I,.AW
qPION£ERSTREET
ND. OREGON
-Z7~1
this ~/<~ day of August, 1975.
.?
-1- Power of Attorney
~- -, ~,~.-,,o,~ ~u~uy, uregon, Deed Records.
(Sp$cific location not given.')
Exhibit "A"
STATE OF OREGON )
) ss.
County of Jackson )
BE IT REmeMBERED, that on this /~day of August, 1975,
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared the within named John D.
Todd who is known to me to be the identical individual des-
cribed in and who executed the within instrument and acknowledged
to me that he executed the same freely and ~oluntarily.
iN TESTIMONY WHEP~EOF, ! have hereunto set my hand and seal
the day and year last above written.
Not~rY Public' for 50 ".
HARRY A. SKERRY. JR.
ATTORNEY AT t. AW
~6 NORTH P~ON££R STR£ET
'SHLAND. OREGON
482-2721
-2- Power of Attorney
-, ....... ,, ~uu~y, uregon, Deed Records.
location not given.~)
Vincent Oredson
236 East Main Street
Ashland, OR 97520
July 5, 1982
City Council
Ashland, OR 97520
Dear Council Members:
This is to request the removal of the 1 foot wide street plug at the end
of Lupine Drive in the Mountain Ranch Subdivision for the purpose of giving access
to three parcels; Tax lot 508 and 534, Tax lot 1400, and Tax lot 0300.
In a letter to the City Administrator on June 6, 1982 I requested the
removal of the street plug at the end of Sam Evans Place for the same purpose.
I now wish to rescind this earlier request. My reasons for preferring Lupine
Drive are as follows:
1. I wish to retain the existing dirt road at the end of Sam Evans Place
as a hiking trail for use by the general public. This is in connection with my
intention to dedicate that part of Hamilton Creek now owned by Oredson/Todd
as a public nature preserve. See Area "C" on attached map.
2. Sam Evans Place, although originally intended as access to land to the
south, I now feel should be completed as a cul de sac with the addition of two
lots. See Area "B" on attached map.
3. Lupine Drive can be made to serve as access to the south just as
well as Sam Evans Place. By curving the road extension to the east, the road will avoid
going through the middle of the a~alfa field and then by a reverse curve to the
west and following the south line of tax lot 534 it will join with the same road as
comes off of Sam Evans Place. See Area '~E" on attached map.
Sinc e y
A
Ke~. to
A
B
north
____S~m bols
Mountain Ranch Subdivision
Two additional lots on Sam
Evans Place
Proposed Nature Preserve
Parcel Zoned WR-20
Future Development
Vincent Oredson
236 East Main Street
Ashland, OR 97520
July 5, 1982
City Council
Ashland, OR 97520
Dear Council Members:
This is to request the removal of the 1 foot wide street plug at the end
of Lupine Drive in the Mountain Ranch Subdivision for the purpose of giving access
to three parcels; Tax lot 508 and 534, Tax lot 1400, and Tax lot 0300.
In a letter to the City Administrator on June 6, 1982 I requested the
removal of the street plug at the end of Sam Evans Place for the same purpose.
I now wish to rescind this earlier request. My reasons for preferring Lupine
Drive are as follows:
1. I wish to retain the existing dirt road at the end of Sam Evans Place
as a hiking trail for use by the general public. This is in connection with my
intention to dedicate that part of Hamilton Creek now oxx~ned by Oredson/Todd
as a public nature preserve. See Area "C" on attached map.
2. Sam Evans Place, although originally intended as access to land to the
south, I now feel should be completed as a cul de sac with the addition of two
lots. See Area "B" on attached map~
3. Lupine Drive can be made to serve as access to the south just as
well as Sam Evans Place. By curving the road extension to the east, the road will avoid
going through the middle of the ak[alia field and then by a reverse curve to the
west and following the south line of tax lot 53,i it will join with the same road as
comes off of Sam Evans Place. See Area '~E" on attached map.
S. inc~!ely y~s,
A
o' /:
_Key .....
A
B
north
t o. S y_rn_bo 1 s
Mountain Ranch Subdivision
Two additional lots on Sam
Evans Place
Proposed Nature Preserve
Parcel Zoned ~VIl-20
Future DcveloDmnnt
RBNALD L, SALTER
ATTORNEY AT LAW
94 THIRD STREET
ASHLAND, OREGON 97S2B
(503) 482-42 ~ 5
July 13, 1982
Mr. A1 Alsing
Director of Public Works
City Hall
Ashland, Oregon 97520
Dear Al:
Re:
Oredson Easement
Our File A-3-1
Enclosed is again another draft of the easement to
Vince Oredson. The only change is in the four lines from
the bottom on the second page where we have added "and farm
uses" .
It is assumed that the City has no objection to
their being not only a single family residence but farm uses
If this creates any problem, please
on each of the parcels.
let me know.
RLS/rw
Enc: 1
cc: Vince Oredson
Very truly yours,
City Attorney