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HomeMy WebLinkAbout1982-050 Land Agrmts - Hardesty & HelfrichCRATER TITLE INSURANCE CO. 604 West Main, P. O. Box 336 MEDFORD, OREGON 97501 City of Ashland City Hall Ashland, OR 97520 Attention: Brian L. Almquist City Administrator August 20~ 1982 RE; Escrow NO, 53636~DH HAR~ESTY - JACKSON COUNTY OREGON AND CITY OF ASHLAND, OREGON As per our phone coversation this week~ enclosed please find the Owners Title Policy covering all property deed to the City of Ashland by Helfrich and Hardesty. Also enclosed please find the Corrected Warranty Deed Helfrich tO the City of Ashland~ Copy of the Correction Easement - City of Ashland to Hardesty and re-recorded Warranty DeedHardesty to Jackson County, Oregon for your file, Thank you for your assistance in this transaction. Debra J. Hood, Escrow Officer Phone 779-7250 ~ EA~I~ I~ RE E~ REE~V~ WA~ff' 80 E. Stewart Ave. · Meal ford, Or. 97501 · Tel. (503) 776-7001 iTovember 9, 10~a RVCOG BEAR CREEK GREENWAY COMMIT'lEE C;t~ c,t Ashland Brian A!mquist, Administrator City of Ashland City Hall Ashland, Oregon 97520 Brian -- The State Description Supervisor requested that the legal description for the Hardesty acquisition be changed to include a reference to both Sections 4 and 33. The origins! descrf, ption mentioned only Section 4.. He also req. uested we reference our deed to Document ?~o. ?5-033ag, which is a warranty deed, rather than Document No. 69-O~305, which is ? contract of sale. The changes h~ve been made and a Correction Deed was recorded tod:~y. Enclosed is ~ copy for your records. Sincerely, Karen ~. Smith, Coordinator Bear Creek Greenway kss Enclosure cc: He~o!d Hardesty AGREEMENT THIS AGREEMENT, made and entered into this ~---' day of ~~~ , 1983, between the CITY OF ASHLAND, OREGON, a Municipal Corporation, hereinafter referred to as "Ashland", and HAROLD C. HARDESTY, hereinafter referred to as "Hardesty". The parties hereto agree as follows: A. This agreement relates to the following Court Decrees in the Circuit Court of the State of Oregon for Jackson County - a) Final Decree No. 79-2929-E-1, and b) Supplemental Decree No. 79-2929-E-1. B. It is the desire of Ashland and Hardesty to change the location of the gate to the Hardesty property as described on Page 4, lines 9 and 10 of the Final Decree to a point east of that noted in the Final _ Decree. C, The gate and associated fence shall be located and installed as shown on the attached drawing marked "Exhibit #1". D. The various portions of the work shall be done by Ashland and Hardesty as noted on Exhibit #1, and each party shall furnish all material for their portion of the installation at their own cost. E. There will be no further charges, costs or fees or payment by either party to the other as consideration of this agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as.of the day and year first above written. ~E CITY OF ASH~ND /VB{i~n L. Adminis Almquist, trator STATE OF OREGON ) County of Jackson) ss. appeared the above named Bria~ L. Almquist, and acknowledged the foregoing instrument to be his voluntary act and deed, before me, ~otary Public for ureKon STATE OF O~GON ) ss. County of Jackson) ~ this ~ day of~J~,~ , 1983, personally appeared the above named Harold C. Hardesty, and acknowledged the foregoing instr~ent to be his voluntary act and deed,~before me, Ro~ary Publ'c for Oreg My Co~ission expires: I I I I I I I I I I I I 0 A,T, ID ,1 'D pTOJ~H '6~sopJ~H £8/9/~ 68F-~'T# CORRECTION DEED ~NOW ALL MEN BY THESE PRESENTS that Harold C. Hardesty, aka Harold Hard,sty, hereinafter called the Grantor,'for and in consideration of Seven Thousand Five Hundred Eighty Dollars ($7,580.00), that being the true and actual consideration to Grantor paid by Jackson County, a political subdivision of the State of Oregon, hereinafter called Grantee, does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or apper- taining, situated in the County of Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUBJECT TO: o The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. Perpetual right o~ way and easement to construct, reconstruct, operate and maintain canals, laterals, pipe lines, operating roads and appurtenances thereto, granted to the United States of America, by instru- ment recorded in Volume 487, page 510, Jackson County, Oregon, Deed Records. Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal corporation, of the State of Oregon, by instruments recorded in Volume 490, page 256, and Volume 514, page 493, and re-recorded in Volume 522, page 22, Jackson County, Oregon, Deed Records. RESERVING THEREFROM: An easement for irrigation purposes being 10 feet in width, and more fully described as follows: Beginning at the point of beginning, said point being North 89°25'55" West, 356.40 feet and South 00°19'02" West 610.85 feet from the Northwest corner of Donation Land Claim No. 53, Township 38 South, Range 1 East of the Willamette Meridian, in Jackson County, Oregon; thence South 00°19'02" West-a distance of 263.73 feet to the center of Ashland Creek; thence North 36~54' West along said Creek a distance of 16.53 feet; thence North 00°19'02" East a distance of 254.60 feet; thence South 67°43'33" East a distance of 10.78 feet to the point of beginning. 1 - CORRECTION DEED $2--16202 To have and to hold the above described and granted premises unto the said Grantee and Grantee's successors and assigns forever. Said Grantor hereby covenants to and with Grantee and Grantee's successors and assigns, that Grantor is lawfully seized in fee simple of the above granted premises, free and clear from all encumbrances, except as hereinabove set forth, and that Grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever. This is a correction deed for the purpose of amending the description in the deed dated June 23, 1982, and recorded as Instrument No. 82-10778 of the Official Records of Jackson County, Oregon. WITNESS MY HAND AND SEAL this 1982. ,,.' 9~.: ~. $.. ..- :~....:-::~ ..... . ? / '% :. "-., ~' .- .' ..-: s ,,-' ':-';>-',, ~ ........ 20% ,,' ) SS. ". ~m~,n%9 ~,,,~ackson ) h~arold C. Harde'sty -/ Personally appeared the above-named Harold C. Hardesty, aka Harold Hardesty, and acknowledged the foregoing instrument to be his voluntary act and deed. Before me this / day of 1982. Not~ry ~ubli~ for Orego,~_~ Hy Commi s s ion Exp ± r e s: F ~ ~- ~ ~' APPR~f o~ Re~rding ~County Commf 2 - CORRECTION DEED ~ ....Cou-~, ¥ COUNSel./ / 82--16202 EXHIBIT A A parcel of land lying in Section 33, Township 38 South, Range'l East, W.M. and in Section 4, Township 39 South, Range 1 Eas~ W.M., Jackson County, Oregon, and being a portion of that property designated as "Tract C" and described in that deed to Harold C. Hardesty, recorded as Document No. 75-03389 of the Official Records of Jackson County, Oregon; the said parcel being that portion of said "Tract C" lying Southerly of the following described line: Commencing at the Northwest corner of Donation~Land Claim No. 53, located in Township 38 South, Range l'East; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00019'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of said "Tract C"; thence North 67043'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78048'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86002'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89023'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86036'48'' West 148.95 feet to a 5/8 inch iron pin; thence North 89012'08'' West 199.92 feet, more or less, to the Westerly line of said "Tract C". EXCEPTING THEREFROM: A strip or parcel of land, being 20 feet in width and lying along the Northerly boundary of the hereinabove described parcel, the Northerly line of said 20 foot strip or parcel of land being identical to the Northerly boundary of said hereinabove described parcel. ALSO EXCEPTING THEREFROM: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willa- mette Meridian, Jackson County, Oregon; thence North 89026'55'' West (Record West) 356.40 feet; thence South 00°19'02" West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67043'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48~24'' West 164.70 feet; thence South 4030'33'' East, 20.14 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4030'33'' East, 42.09 feet to a 5/8 inch iron pin with aluminum cap situated at the North- easterly corner of that property owned by the city of Ashland and as recorded in Volume 512, Page 58 of the Deed Records of Jackson County, Oregon. 3 - CORRECTION DEED, EXHIBIT A State ct Gregon, Co~ni.y of Jackson-SS. ,,, ~,,.~ , 'l'he w. athin instrumer~received and ~ at//:,~ C"o clo~ ~ m. the-- ~ ~.day ot~/~ ]9 ~ ~ecorded i~/~ ' R~rds for Jack,on Cou~lty Oregon. //- ~~~ County ClerL By~~ ~ / Deputy Amoont $ 11,528.00 SCHEDULE A Date June 25, INSURED 1982 At 8:30 A.M. CITY OF ASHLAND a Municipal corporatin of the State of Oregon The fee simple title to said land is, at the date hereof, vested in CITY OF ASHLAND a Municipal corporation of the State of Oregon an estate in fee simple 'The land referred to in this policy is described as: o Page 2 Policy No. PTI-6 I-'I-A CTI - 53552 All Policy Forms Schedule A-- Continued The land referred to in this policy is situated in the State of Oregon, County of and is described as follows: Jackson PARCEL NO. 1: A strip or parcel of land 20 feet in width lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, the Northerly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 00° 19' 02" West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of the Hardesty tract, as described in Document No. 69-08305 of the Official Records of Jackson County, Oregon; thence North 67° 43' 33" West 461.84 feet to a 5/8 inch iron pin; thence South 78° 48' 24" West 235.87 feet to a 5/8 inch iron pin; thence South 86° 02' 58" West 131.85 feet to a 5/8 inch iron pin; thence North 89° 23' 02" West 92.04 feet to a 5/8 inch iron pin; thence North 86° 36' 48" West 148.95 feet to a 5/8 inch iron pin; thence North 89° 12' 08" West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. PARCEL NO. 2: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 00° 19' 02" West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67° 43' 33" West 461.84 feet to a 5/8 inch iron pin; thence South 78° 48' 24" West, 164.70 feet; thence South 4° 30' 33" East, 20.14 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4° 30' 33" East, 42.09 feet to a 5/8 inch iron pin with aluminum cap situated at the Northeasterly corner of that property owned by the City of Ashland and as recorded in Volume 512, Page 58, Jackson County, Oregon, Deed Records. PARCEL NO. 3: A parcel of land lying within the boundary of that tract described as Parcel I, in Warranty Deed to George Vincent Helfrich, recorded October 17, 1978, as Document No. 78-23901, Official Records of Jackson County, Oregon, in the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South of the following described line: (Continued) TI 68 Schedule A- Continued Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 0° 19' 02" West (Record South) 589.29 feet to a 5/8 inch iron pin being the point of beginning and being on the Westerly line of that tract described in Document No. 71-11373 of the Official Records of Jackson County, Oregon; thence South 67° 43' 33" East 1.77 feet to a 5/8 inch iron pin; thence South 73° 23' 33" East 332.73 feet to a point on the Westerly Right of Way line of Oak Street. Oregon I_and Tille Association Standard Co',erage Policy SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or all of which arise by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured on page I of this policy. 1. ~[axes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, orclaims thereof, which are not shown by the public records; un- patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or an3' other facts which a correct survey would disclose. 5. The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 6. The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 7. Easement for transmission and distribution of electricity, granted the California Oregon Power Company, as set forth in Volume 149, Page 94, Jackson County, Oregon, Deed Records. 8. Easement for sewer pipe line, and rights in connection therewith, granted to the City of Ashland, Jackson County, Oregon, by instrument recorded in Volume 521, Page 227, and re-recorded in Volume 522, Page 20, Jackson County, Oregon, Deed Records. 9. Perpetual right of way and easement to construct, reconstruct, operate and maintain canals, laterals, pipe lines, operating roads and appurtenants thereto, granted to the United States of America, by instrument recorded in Volume 487, Page 510, Jackson County, Oregon, Deed Records. (Affects Parcel No. 1.) 10. Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal coproration, of the State of Oregon, by instruments recorded in Volume 490, Page 256, and Volume 514, Page 493, and re-recorded in Volume 522, Page 22, Jackson County, Oregon, Deed Records. (Affects Parcel No. 1.) 11. An easement for irrigation purposes 10 feet in width as set forth in Document No. 82-09128, Official Records of Jackson County, Oregon. 12. A perpetual non-exclusive easement for ingress and egress, including the terms and provisions thereof, as set forth in Document No. 82-09129, Official Records of Jackson County, Oregon. Page 3 of Policy No. CTI - 53552 11 30 I Rating Bureau for Title Insurance Companies in Oregon OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. CTT - 53552 I ssu ed by First American Title Insurance Company o£ Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this indorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds the highest Index number for the month of September in any previous year which is subsequent to Date of Policy; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. BY PRESIDENT ATTEST SECRETARY TI 7'/ ?;0, 5 (P-5576] '7/0. $ .Z.O ~,4edfo~-cl, Oregon ~7501 N.W I/4 CRATER . 11 LE INSURAT,a"~: ~"°""~"~:~ Se~'mg al~ of Jackson ~urdy SEC. 4 T 39S RIE W.M. SCALE t' : 200 5'- 8 8O6 5-12 KNOI,/ ALL .ME× BY TltESt5 I'Rt:,SENTS, that the CITY OF ASttLAND, a mu~icipal corporation of the State of O~egon, hereinafter called "City", for and i.n consideration of the settlement of disputes bet~een the City and tlardesty and tielfrich, does hereby remise, release and quitcla:im unto itAROLD C. }!ARDESTY, herei_nafter called "ttardesty", and unto Hardesty's heirs, successors and assigns, all of the City's righO, title and interest in those certain easements for access with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, sitt~ated in the City of Ashland, County of ,lackson, State of Oregon, described in Exhibits "A", "B", and "C" attached hereto and by this reference incorporated herein; and unto GEORGE VINCENT }tELFRIClt, hereinafter called "ttelfrich", and unto ttelfrich's heirs, successors and assigns, all of the City's right, title and interest in those certain easements for access with the tenements, hereditaments and appurtenances thereunto belonging or in anv~,,ise appertaining, situated in the City of Ashland, County o~' 3ackson, State of Orep, on, descri, bed in Exhibits "D" and "E" attached hereto and b)' this reference incorporated herein. TO HAVE AND TO ttOLD the same unto the said ttardesty and Helfrich, their heirs, successors and assigns forever. lglTNESS OUR IIANI)S AND SEALS this _/~[~t day of ~, 1982. CiTY OF A~qlI,ANI), a municSpal corporation of the State of Oregon Don Laws, Acting blayor Nan Franklin, Clty Recorder STATE OF OREGON ) SS. County of 3ackson) -^pti1 , 1982 i ez~onallx ~ippca~ed DON I.AI~S, .0, ct~nc Aa~or and NAN/FP~dqKLIN L~ty .~corflo,~,~ .of thc: t.~t) 3f Ashland, a municipal corporation of the '.,~ ~....I~ ",,, . . Sta~%,.o'f 0~,~ .}oho being du]y s~-orn cl~d say that they are the above off~'~4aT~r~p.d?t~a~ said 5nstrument was signed in behalf of said Cit~' of.'~s~3~Wd ~)'~hority of its City Council and furthe, r acknowledged sag~.~n~.ru]!xc~3t: to toe Its x'oluntary act ;and deed. ?'Iv " .... ' ' t_,on,,~ s s 2 on exp:ires RIGHT OF ~'AY FOR ROAD PURPOSES ESTABLISIll!D BY TItAT WARRANTY DEED RECORDED IN VOI. UME 264 PAGIi 212 OF 'Fill! I)EED RECORt)S OF JACKSON COIJNTY ORIiGON BY AND I~,Ii'I'I~YEI!N MARY M. 1,iNINGER, he:rein ca 1 led grantor, and T. E. FOWI,ER, ET.UX. , herein cal. led grantees; SAIl) RIGIlT OF WAY CR[!ATED BY EXCEPTION AND REVISION NUblI~ER FIVE (S) OF SAID ~'ARRANTY DEED AN[) BliING DESCRIBED AS FOLLOWS: (s) Said property is further subject to a ri. ght of way on the South s[de of Bear Creek to the Morgan property, same to be a continuatkon of the present right of way immediately south of the Ashla. nd Slaughter llouse property. Qu:itclaim Deed City of Ashland to Harold C. ttardesty EXItIBIT "A" BY PRESCRIPTION ESTAI~,L[St{[iD BY DECREE NO. 74-183-E-5 IN T[IE CIRCUIT COURT OF TliE STATE OF OREGON FOR JACKSON COUNTY AND BEINC DE$CR!BED AS FOLL(~WS: A 12.0 foot road over and across a st~'ip of land situated in the southwest quarter of Section 55, Township 58 South, Range I East and the northwest quarter of Secti_on 4, Township 59 South, Range 1 East of the Wil_lamette Meridian, Jackson County, Oregon, and lying 6.0 feet on. each side of the following described center- iine, whe~ measured at right angles therefrom: Commencing at the northwest corner of Donation I,and CIaim No. 53, Township 38 South, Range 1 East of the ~gillamet. te Meridian, Jackson County, Oregon; thence South 00019'02'' West (Deed Record South 0°17' West) along the westerly boundary line of said claim and the west boundary of Donation I.and CIaim 41, Township 59 South, Range I East of the Willamette Meridian, 554.28 feet to the True Point of Beg2nning; thence North 72°59'10'' West, 365.84 feet; thence North 71°03'18'' West, 215.79 feet; thence North 83°27'42'' West, 228.72 feet; thence along the arc of a 152.50 foot radius curve to the left, the central angle is 99 degrees 31 minutes and 24 seconds, 204.89 feet; thence South 02°59'06'' East, 14.69 feet to a point on the northerIy boundary of that tract described in Volume 512, page 58 of the Deed Records of Jackson County, Oregon, and being terminus of said road. EXCEPTING therefrom all that portion of the above described road easement lying within the .limits of that tract or parcel of land deeded to George Vincent ilelfrich by I.ezlie E. l,usk and Charlotte 1,. Lusk and recorded as Document Number 71-11373 oC the Official Records of Jackson (,ount. ~, Oregon. ALSO EXCEPTING therefro:~ all that portion of the above described private road easement lying within the limits of public roads. Quitclaim Deed City of Ashland to lt:trold C. llardesty 1.iX!Il BIT 82-091216 [!ASI!MENT FOR ROAD .PURPOSES ESTABLISIIED BY TI1AT WARRANTY DEED RECORDEt) 'IN VOLUME 208 PAGE 584 OF TIlE DEED RECORDS OF ,JACKSON COUNTY, OREGON, BY AND I~}iTI~'EEN MILTON C. LININGER, t:;T.UX., herein called grant:ors, AND Till2 CITY OF ASIII,AND A MUNICIPAL CORPORATION OF THE STATE OF OREGON, he-rei, n called grantee: AND DESCRII}ED AS FOLLO~qS: [!asemcnt for a 15 foot strip for road purposes, the East and South side lines of which are located as follows: Begin at a point fom~d by measuring lgest 510 feet from the Northeast corner of Donation Land Clakm No. 40 in Townsh:ip 39 South of Range 1 East of the ~'ill. amette Meridl. an, Oregon; thence North 1°15' East 879 feet; thence North 42°15' West 416~2 feet; thence North 80°11' ~est 159 feet; thence North 4°4I' ~gest, 714 :feet to the true Dolnt of beginning being on the East side line of ~ 15 ~ot str~p; ~ence North 4°41.' West 458 feet; thence South 79¢'21' East on South 1. ine of road 409 feet; thence South 66031' East on South line of road 209~-~ feet to an intersection with the East side line of* the tract. I!XCi!I)T1NG therefrom all that portio~ of the :Jbove descr:tbed easement lying within the l i~nits o:f that. tract or parcel of land, deeded to the City of Ashland by T.E. Fowler and Ruth E. Fowler and recorded. ~n volume 512 page 58 of the Deed Records of ,Jackson County, Oregon. Quitcla]n~ l.)eed City of Ashland to Ilarold (7. Ilardesty EXIIIBIT "C" 82 09126 R[GItT OF iYAY FOR ROAD PURPOSES IiSTAt31, I SIII'~I) BY TttAT QUI]'CLA[~.I DEED RECORDED IN VOI,UME 161 PAG]! 554 OF THE DEED RI~CORI)S OF JACKSON COUNTY OREGON BY AND BETWEEN ,JOSI}I)tt SANDER, ET.UX., herein called grantors and M.C. I,[NINGER, IiT.UX , herei, n c.z~lled grantees' and t)ei,~,, DI{SCRII~EI) AS FOLLOWS: A right o~' way for road purposes across a tract of land belonging to the grantors herein, situate in SectJ. on 33, Township 38 South, Range 1 East of the Willaraette Meridian, and Section 4, Township 59 South, Range I East of the Willamette Meridian - said road to be located on a strip of land not to exceed eleven feet in width and the North side line of said strip of land is descri_bed as follows:, to-w[t: Beginning at a poknt. 7.79 chains South and 4.5 links West of the Northwest corner of Don~t:i. on Land Cl.a~m No. 53 in Township 38 South, Range 1 East:, of thc Willamette Meridian; thence North 72 degrees 45 minutes lYest 5.17 chains to the ~rest boundary li. ne of the 7.18 acre tract of the grantors described in Deed recorded on Pages 205-7, Volume 124, Deed Records of Jackson County, Oregon. 1;XCEPTING lherefro.,n all !.hat portion et- the above described private road r2gl~t of way lying within the limits of public roads. Qu:i~tclaim Deed City of Ashland to George Vincent tlelfrich liXltlBiT "I)" 82-09126 PR1VATE I.iASEbfl!NT BY PRESCRIPTION ESTABL1SIIEI) BY DISCR[(E NO. 74-183-[!-3 in the CIRCUIT CO[JR~I OF TIiE STATE OF OREGON FOR JACKSON COUNTY AND BEING DESCR!BED AS FOLLOWS: A 12.0 foot road over and across a strip of land situated in the southwes~ quarrier o£ Section 55, Township 58 South, Range 1 East and the northwest quarter of Section 4, Town- ship 59 South, Range 1 East o[' the Willamette bleridian, Jackson County, Oregon, and lvLng 0.0 feet on each side of the following described centerline, when measured at right angles therefrom: Commencing at the northwest corner of 1)onation Land Claim No. 53, Town:-:hip 58 South, Range 1 East of the Willamette Meridian, ,Jackson County, Oregon; thence South 00°1.9'02'' West (Deed Record South 0°17' West) along the westerly boundary line of said claim and the west boundary of Donation Land Claim 41, Township 59 South, Range 1 East of the Willamette Meridian, 554.28 feet to the True Point of Beginnine; thence North 72~59't0'' West, 365.84 ~ee!; l~ence North West, 215.79 feet; thence North 85027'42'' West, 228.72 feet; thence aiong the arc of a 152.50 foot radius curve to the left, the central angle is 99 degrees 51 minutes and 24 seconds, 264.89 feet; thence South 02~59'06'' East, 14.69 :feet to a point on the northerly boundary of that tract described in go.[ume 512, page 58 of the Deed Records of 3ackson County, Oregon, and bcing termSnus of sa~d road. EXCEPTING therefrom, all that port,mt of the above described easement lying within the Iimits of t:hnt tract or parcel of 1and owned by Harold C. ltardesty and recorded in Document Number 09-08505 of the Officlal Records of Jackson County, Oregon. ALSO EXCEPTING therefrom, all that portion of the above described private road easement lySng w~th~n the limits of public roads. Qui_tclaim l)eed City of Ashland to George Vincent Ilelt.-'rich IiXIIIBIT Jackson County, Omgo~ Beco~ded OFFICIAL BECOBDS f: JUN 2 5 " 82--,031 WARRANTY DEED aka Harold Hardesty KNOW ALL MEN BY THESE PRESENTS, that HAROLD C. HARDESTY,/ hereinafter called the Grantor, for and in cons±deration of ELEVEN THOUSAND THREE HUNDRED TWENTY-EIGHT DOLLARS ($11,328.00), that being the true and actual consideration to Grantor paid by the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter called "Grantee", does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, and described in Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUB3ECT TO: 1) The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 2) Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. 3) Perpetual right of way and easement to construct., reconstruct, operate and maintain canals, laterals, pipe lines, operating roads and appurtenants thereto, granted to the United States of America, by instrument recorded in Volume 487, Page 510, Jackson County, Oregon, Deed Records. 4) Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal corporation of the State of Oregon, by instruments recorded in Volume 490, Page 256, and Volume 514, Page 493, and rerecorded in Volume 522, Page 22, Jackson County, Oregon, Deed Records. RESERVING THEREFROM: An Easement for Irrigation purposes being 10 feet in width, and more fully described as follows: Beginning at the point of beginning, said point being North 89o26'55'' West, 356.40 feet and South 00o19'02'' West 589.29 feet from the Northwest corner of Donation Land Claim No. 53, Township 38 South, Range 1 East of the Willamette Meridian, in Jackson County, Oregon; thence South 00o19'02'' West a distance of 21.56 feet; thence North 67o43'33'' West a distance of 10.78 feet; thence North 00019'02'' East a distance of 21.56 feet; thence South 67o43'33'' East a distance of 10.78 feet to the point of beginning. 82-09128 To have and to hold the above described and granted premises unto the said Grantee and Grantee's successors and assigns forever. And said Grantor hereby covenants to and with said Grantee and Grantee's successors and assigns, that Grantor is lawfully seized in fee simple of the aboVe granted premises, free and clear from all encumbrances, except as hereinabove set forth, and that Grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever. WITNESS MY HAND AND SEAL this c~day of ~ , 1982. · ,"""~/:;~ h~RO~D C. HAR~ESTY-~-/ .,~'" c%~ ~...d dc.- / '~ ~ ~a~,_. ,c' .'..~ 7 aka Harold Hardesty ':!i:~'.'Jol-~'''p6~°nally appeared the above-named HAROLD C. HARDESTY / an~>~k~oWiedged the foregoing instrument to be his voluntary act and ~eed. Notary Pul/lic for Oregon My CommissSon Expires: -2- Warranty Deed 82-09128 A strip or parcel of land 20 feet in width lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, the Northerly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00°19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of the Hardesty tract, as described in Document No. 69-08305 of the Official Records in Jackson County, Oregon; thence North 67°43'33'' West 461.84 feet to a 5/8 inch ~ron pin; thence South 78°48'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89°23'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86°36'48'' West 148.95 feet to a 5/8 inch iron pin; thence North 89°12'08'' West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. Containing 0.58 acres more or less. ALSO: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00°19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67°43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48'24'' West, 164.70 feet; thence South 4°30'33'' East, 20.14 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4°30'33'' East, 42.09 feet to a 5/8 inch iron pin with aluminum cap situated at the Northeasterly corner of that property owned by the City of Ashland and as recorded in Volume 512, page 58 of the deed records of Jackson County, Oregon, containing 0.02 acres, more or less. 3'c~ckson County, Omgo~ Reco~:ded OFFICIAL RECORDS WALDENE TERRY B~~K c~,.d RE~.DRDER ,~,~,~,~ Deputy Hardesty EXHIBIT "A" - City of Ashland Deed 82-09129 EASEMENT r ,S~ p ~-~ KNOW AI,L MEN BY PHE. E RESt. NTo that the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as "Grantor", hereby grants, barcains, sells and conveys an Easement for ingress and egress to HAROLD C. HARDESTY, hereinafter referred to as "Grantee", said Easement to be ]ocated in Jackson County, Oregon, and described on Exhibit "A" which is attached hereto and by this reference incorporated herein as though fully set forth herein. The Easement for ingress and egress shall be subject to the terms of the final Decree in Case No. 79-2929-E-1 in the Circuit Court of Jackson County, State of Oregon, wherein the City of Ashland was the Plaintiff and Harold C. Hardesty and George Vincent Helfrich were the Defendants. The Easement shall be appurtenant to the land described in Exhibit "B" which is attached hereto and by this reference incorporated herein as though fully set forth herein. Said Easement is perpetual in nature and non-exclusive so that the City of Ashland shall have the right to the full use of said Easement as well and said Easement shall be for the benefit of the Grantee, his heirs, administrators, executors and assigns. The consideration for said Easement is ONE DOLLAR ($1.00) and other good and valuable consideration the receipt of which is hereby acknowledged. WITNESS OUR HANDS AND SEALS this~/'day of May, 1.982. THE CITY OF ASHLAND, a Municipal corDo~tion of the State of ORe~on CITY RECORDER STATE OF OREGON ) : SS. County of Jackson) May , ].982 Personally appeared DON LAWS, who being sworn did say that he is the Acting Mayor, and NAN FRANKLIN, who being sworn did say that she is the City Recorder, of the City of Ashland, Oregon, and that said instrument was signed in behalf of said City of Ashland by authority -1- Easement R[3NALD L. SALTER AT-TORNEY AT L.AW ASHLAND. IgREGi~N 9752E~ 82-03 23 of its City Council; and they acknov:ldged said instrument to be its voluntary act and deed. Before me: Notary Public f~.~~N My Con,mission expires: -2- Easement RE]NALD L. BALTEF~ ATTORNEY AT LAW ASHLAND, OREGON 9752{3 82-09129 AN EASEM£NT FOR INGRESS AND EGRESS, being 20 feet in width, over and across that land formerly known as the Hardestv tract, the Nort~erly line of said Easement des~.r~bed as follows: Co~unencing at a 5/8 inch iron pin, being the point of beginning, from which the Northwest corner of Donation Land Claim No. 53, 3'ownship 38 South, Range i East of the Willamette Meridian, Jackson ~ounty, Oregon, bears North 0°19'02'' East (record North) 589.29 feet and South 89°26'55'' East 356.40 feet; thence North 67°43'33'' West 461~84 feet; thence South 78°28'24'~ West 235.87 feet to a 5/8 inch iron pin; thence South 86°02'58'' West 131.85 feet to a 5/8~_ ~' ..... h iron pin; thence North 89°23'02'' West 92.02 feet to a 5/8 inch iron pin; thence iqorth 86°36'48'' West 148.95 ; ~c +' ' 8" feet tO a 5/8 inch iron pin thence I~_>r~h 89°12 0 West 199.92 feet, more or less, to the Westerly line of said Tract. E;~HIB.~T Ashland - Hardesty Easement $2 09129 Beginning at a point 356.40 feet West of the northwest corner of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Merid~.an, Jackson CounCy, Oregon; thence South 00017' West, 874.58 feet to tt'~e approximate center of Ashland Creek; thence following the approxi~ate center line of said Creek as follows: North 36°56' West 475.80 feet; North 87031' West 147.65 feet: North 62°40' West 41.76 feet; South 82039' West 104.58 feet; thence South 4022' East 18.23 feet to the northeast corner of tract described in Volume 512 page 58, Deed Records of Jackson County, Oregon; thence South 87025' West, along the north line of said tract, 337.10 feet to the northwest corner of said tract; thence North 73044' West 147.67 feet; thence West 160.00 feet to the west line of tract described in Volume 113 page 595, said Deed Records: thence North 00°28~ East, along said west line, 487.62 feet to the northwest corner of said tract; thence South 89036' East 1218.33 feet to the point of beginning, containing 15.43 acres. EXCEPTING THEREFROM any portion conveyed to Jackson County, Oregon, by deed recorded as Document No. 75-00447, Official Records of Jackson County, Oregon. FUTHER EXCEPTING THEREFROM: A tract of land lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South of the following described line: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89o26'55'' West (Record West) 356.40 feet; thence South O0©19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin~ being the point of beginning, being on the Easterly line of the Hardesty tract, as described in Document No. 69-08305 of the Official Records of Jackson County, Oregon; thence North 67043'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78o48'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89o23'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86o36'48'' West 148.95 feet to a 5/8 inch iron pin; thence North 89°12'08'' West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. The Area to which this description applies contains 2.32 Acres, more or less, and describes land which is bounded on the south by the center- line of Ashland Creek, east of the bridge which serves the Ashland sewage treatment plant. Jc~ckson County, Oregon Recorded OFFICIAL RECORDS WALDENE TE Pu-q.Y ~LE, RK ,~nd EXt{!BIT "B" Ashland - Hardesty Easement IYARRANTY KNOW Al, I, MEN BY TfIL:SIi PRIiSI~NTS, that GEORGIi VINCENT Itl~I.I:RICII hereinafter called the Grantor, for and in consideration of TWO HUNDRED DOLLARS ($200.00), that being the true and actual consideration to Grantor paid by the CITY OF ASI1LAND, a Municipal corporation of the State of Oregon, here~nafter called "Grantee", does hereb), grant:, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, s i tuated in the County o t' ,Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though t'uliy set forth herein. SUBJECT TO: 1) Rights of the public over any portion lying with.i.n Oak Street, a public roadway. 2) Easement for transmission and distrib~tion of electricity, granted the Californi:l Oregon Power Company, :is set forth in Volume 149, page 94, ,Jackson County, Oregon, Deed Records. 5) Easement for sewer i, ipc linc, and rights i.n connection therewith, granted to the City of Ashland, .lackso~ County, Oregon, by ~nstrument recorded in Volume 251, pa~le 227, and re-recorded in Volume 522, page 20, ,Jackson County, ()regon, Deed Records. To have and to hold the above descr[1)ed and granted premises unto the said Grantee and Grantee's successors a~d assigns forever. And said Grantor hereby covenants to and with said Grantee and Grantee's successors and assigns, that t;rantor is lawfully seized in fee simple of the above granted premises, free and clear from all encumbrances, except as bereinabove set forth, at~d that Grantor will warrant and forever defend the above granted premises :~nd every part and parcel thereof agaSnst the lawful claims and demands of' all persons whomsoever. WITNESS MY ttAND AND Si!AL this Th±s document ±s re-recorded to correct the legal descript:£on. Warranty Deed STATE OF .OREGOr~ ) : SS. County of Jackson) Personally appeared the above-named GEORGE VINCENT HELFRICH foregoing instrument to be his voluntary act and 2_..___t/ Notary Publj"c 'for Oregon My Commission expires- ?-$ -~___ -2- Warranty Deed RONALD L. SALTER ATTORNEY AT LAW ASHLAND, nREr~-riN 9?520 A parcel of land lying w~th~n/the Northwest One Quarter of Section 4, To~mship 39 South, Range I East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South of the {ollowing described line: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 0° 19' 02" West (Record South) 589.29 feet to a 5/8 inch iron pin being the point of beginning and being on the Westerly line of that tract described in Document No. 71-11373 of the official records of Jackson County, Oregon; thence South 67° 43' 33" East 1.77 feet to a 5/8 ~nch iron pin; thence South 73° 23' 33' East 332.73 feet to a point on the Westerly Y~ght of Way line of Oak Street. CONTAINS 0.05 Acrem,. more or less. ** the boundary of that tract described as Parcel I, in Warranty deed to George Vincent Helfrich, recorded October 17, 1978 as Document No. 78-213901, Official Records of Jackson County, Oregon. Jackson County, O~egon Recorded OFFICIAL RECORDS JUL 2 9 DWALDENE TERRY DER eputy WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that GEORGE VINCENT HELFRICH hereinafter called the Grantor, for and in consideration of TWO HUNDRED DOLLARS ($200.00), that being the true and actual consideration to Grantor paid by the CITY OF ASHLAND, a Municipal corporation of the State of Oregon, hereinafter called "Grantee", does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUBJECT TO: 1) Rights of the public over any portion lying within Oak Street, a public roadway. 2) Easement for transmission and distribution of electricity, granted the California Oregon Power Company, as set forth in Volume 149, page 94, Jackson County, Oregon, Deed Records. 3) Easement for sewer pipe line, and rights in connection therewith, granted to the City of Ashland, Jackson County, Oregon, by instrument recorded in Volume 251, page 227, and re-recorded in Volume 522, page 20, Jackson County, Oregon, Deed Records. To have and to hold the above described and granted premises unto the said Grantee and Grantee's successors and assigns forever. And said Grantor hereby covenants to and with said Grantee and Grantee's successors and assigns, that Grantor is lawfully seized in fee simple of the above granted premises, free and clear from all encumbrances, except as hereinabove set forth, and that Grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever. WITNESS MY HAND AND SEAL this This document is re-recorded to correct the legal description. , 1982. GEOR~INC'ENT HELFRICH'~/z~ ' -1- Warranty Deed $2-10754 STATE OF OREGON ) : SS. County of Jackson) ,~;~Personally appeared the above-named GEORGE VINCENT HELFRICH ed the foregoing instrument to be his voluntary act and Notary Publyc for Oregon My COmmission expires: ~-o°? -2- Warranty Deed R~NAID L. SALTE~ ATTORNEY AT LAW ASHLAND, nREGDN 9752D '82-10 54 A parcel of land lying withi~the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South of the ~ollowing described line: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 0° 19' 02" West (Record South) 589.29 feet to a 5/8 inch iron pin being the point of beginning and being on the Westerly line of that tract described in Document No. 71-11373 of the official records of Jackson County, Oragon; thence South 67° 43' 33" East 1.77 feet to a 5/8 inch iron pin; thence South 73° 23' 33' East 332.73 feet to a point on the Westerly Pvight of Way line of Oak Street. CONTAINS 0.05 Acrem~- more or less. ** the boundary of that tract described as Parcel I, in Warranty deed to George Vincent Helfrich, recorded October 17, 1978 as Document No. 78-23901, Official Records of Jackson County, Oregon. Jackson County, Oregon Recorded OFFICIAL RECORDS f;3 O JUL 2, 9 RECORDER eput¥ ;3,~ciACkSOn County, Omg6n Recozded/ L R~DS~ n W~LDEN~.T_EP~R~Y_. .t~ ~,,~,~ ~eputy ~-.][V d do ~/~/ WARRANTY DEED " aka ttarold }tardesty KNO~ ALL MEN BY TItESE PRESENTS, that }larold C. ttardesty, / hereinafter called the Grantor, for and in consideration of SEVEN THOUSAND FIVE HUNDRED EIGHTY DOLLARS ($7,580.00), that being the true and actual consideration to Grantor paid by JACKSON COUNTY, a political subdivision of the State of Oregon, here:inafter called "Grantee",. does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUBJECT TO: 1) The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 2) Rights of the public in and to any portion of the herein described property lying within the boundar5es of roads or highways. 3) Perpetual right of way and easement to construct, re- construct, operate and maintain canals, laterals, pipe lines, operating roads and appurtenants thereto, granted to the United Statos of America, by instrument recorded in Volume 487, Page 510, Jackson County, Oregon, Deed Records. 4) Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal corporation, of the State of Oregon, by instruments recorded in Volume ,190, Page 256, and Volume 514, Page 495, and re-rccorded in Vnl~me 522. Pa~e 22, Jackson County, Oregon, l)eed Records. 8~-.10'?"/15 (../~ WARRANTY DEED " aka Harold Hardesty KNOW ALL MEN BY TllESE PRESENTS, that }Ic~rold C. Hardcsty, / hereinafter called the Grantor, for and in consideration of SEVEN THOUSAND FIVE t{UNDRED EIGHTY DOLLARS {$7,580.00), that being the true and actual consideration to C, rantor paid by JACKSON COUNTY, a political subdivision of thc State of Oregon, hereinafter called "Grantee",. does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUBJECT TO: 1) The premises herein described are within and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 2) Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. 3) Perpetual right of way and easement to construct, re- construct, operate and maintain canals, laterals, pipe lines, operating roads and appurtenants thereto, granted to the United States of America, by instrument recorded in Volume 487, Page 510, Jackson County, Oregon, Deed Records. 4) Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal corporation, of the State of Oregon, by instruments recorded in Volume 490, Page 256, and Volume 514, Page 493, and re-recorded in Volume 5~2, Page ?-' Jackson County Oregon Deed Records RE SERVING TItEREFROM: An Easement for Irrigation purposes being 10 feet in width, and more fully described as follows: Beginning at the point of beginning, said point being North 89°26'55'' West, 356.40 feet and South 00019'02'' West 610.85 feet from the North- west corner of Donation Land Claim No. 53, Township 38 South, Range 1 East of the Willamette Meridian, in Jackson County, Oregon; thence South 00°19'02'' West a distance of 263.73 feet to the center of Ashland Creek; thence North 36°54' West along said Creek a distance of 16.53 feet; thence North 00°19'02'' East a distance of 254.60 feet; thence South 67°43'33'' East a distance of 10.78 feet to the point of beginning. ~1- Warranty Deed WARRANTY DEED " aka ttarold tlardesty KNOW ALL MEN BY TItESE PRF. SENTS, that tlarold C. Itardesty, / hereinafter called the Grantor, for and in consideration of SEVEN THOUSAND FIVE ttUNDRED EIGHTY DOLLARS ($7,580.00), that being the true and actual consideration to Grantor paid by .JACKSON COUNTY, a political subdivision of the State of Oregon, hereinafter called "Grantee" does hereby grant, bargain, sell and convey to the Grantee its successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, and described on Exhibit "A" attached hereto and by this reference incorporated herein as though fully set forth herein. SUBJECT TO: 1) The premises herein described are withi, n and subject to the statutory powers of the Bear Creek Valley Sanitary Authority. 2) Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. 3) Perpetual right of way and easement to construct, re- construct, operate alld maintain canals, laterals, pipe lines, operating roads and aplmrtenants thereto, granted to the United States of America, by instrument recorded in Volume 487, Page 510, Jackson County, Oregon, Deed Records. 4) Easement for sewer pipe lines, 20.0 feet in width, granted to the City of Ashland, a municipal corporation, of the State of Oregon, by instruments recorded in Volume 490, Page 256, and Volume 514, Page 495, and re-recorded in Volume 522, Page 22, Jackson County, Oregon, 1)ced Records. RESERVING TI1EREFRObI: An Easement for Irrigation purposes being 10 feet in width, and n',ore fully described as follows: Beginning at the point of beginning, said point being North 89°20'55'' West, 356.40 feet and South 00°1.9'02'' West 6]0.85 feet from the North- west corner of Donation Land Claim No. 53, Township 38 South, Rankle 1 East of the Willamette Meridian, i.n Jackson County, Oregon; thence South 00019'02'' West a distance of 263.73 feet to the center of Ashland Creek; thence North 36054' West along said Creek a distance of 16.53 feet; thence North 00°19'02'' East a distance of 254.60 feet; thence South 67°43'33'' East a distance of 10.78 feet to the point of beginning. -1- Warranty Deed -82-09t3t A tract of land lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being a]l that land lying South ~of the following described line~ and Northerly of the center- ineof Ashla~ C~k ommenclng ~orthwest corner o~ Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89°26'55'' West (Record West) 556.40 feet; thence South 00°19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of the Hardesty tract, as described in Document No. 69-08305 of the Official Records ~n Jackson County, Oregon; thence North 67°43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°~8'24'' West 23.5.87 feet to a 5/8 inch ~ron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89°23'02'' West 92.04 feet to a 5/8 inch ~ron pin; thence North 86°36'48'' West 148.95 feet to a 5/8 inch iron pin; thence North 89°12'08'' West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. EXCEPTING TIIEREFROM: A strip or parcel of land, being 20 feet in width and lying along the Northerly boundary of the hereinabove described tract, the Northerly line of said 20 foot strip or parcel of land being identical to the Northerly boundary of said hereinabove described tract. ALSO EXCEPTING TItEREFROM: A strip or parcel of land 20 feel in width, the Easterly line thereof being described as follows: Commencing a.t the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00°19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin; thence ~ North 67°43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48'24'' i~est, 164.70 feet; thence South 4°50'33'' East, 20.1.4 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land being the true point of beginning; then. ce continue Soutl~ ,1°30'33'' East, 42.09 feet to a 5/8 inch pin with aluminum cap situated at the Northeasterly corner of that property owned by the City of Ashland and as recorded in Volume 512, page 58 of the deed records of Jackson County, Oregon, containing 0.02 acres, more or less. Containing 1.72 acres more or less. RE-RECORDED TO CORRECT LEGAL DESCRIPIlON EXIIIBIT "A' llardesty ,Jackson County Deed Jackson County, O~egon Recorded A tract of land lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South .of the following described line; and Northerly of the center- ~e,~cl~ga.na~' o A hl ~k~orthwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00°19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of the Hardesty tract, as described in Document No. 69-08305 of the Official Records in Jackson County, Oregon; thence North 67°43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48'24'' West 235.87 feet to a 5/8 inch xron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89°23'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86°36'48'' West 148.95 feet to a 5/8 inch iron pin; thence North 89°12'08'' West 199.92 feet, more or less, to the Westerly line of the ttardesty ownership. EXCEPTING TttEREFROM: A strip or parcel of land, being 20 feet in width and lying along the Northerly boundary of the hereinabove described tract, the Northerly line of said 20 foot strip or parcel of land being identical to the Northerly boundary of said hereinabove described tract. ALSO EXCEPTING THEREFROM: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range I East of tile Willamette Meridian, Jackson Count>', Oregon; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00°19'02" West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67o43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48'24'' West, 164.70 feet; thence South 4°30'33'' East, 20.14 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4°30'33'' East, 42.09 feet to a 5/8 inch iron pin with aluminum cap situated at the Northeasterly corner of that property owned by the City of Ashland and as recorded in Volume 512, page 58 of the deed records of Jackson County, Oregon, containing 0.02 acres, more or less. Containing 1.72 acres more or less. RE-RECORDED TO CORRECT LEGAL DESCRIPTION liXllI B IT "A" Itardesty - Jackson County Deed Jackson County, Oregon, Recorded ~, To have and to hold the above de:~cribed and granted premises'unto the said Grantee and Grantee's successors and assigns forever. And said Grantor hereby covenants to and with said Grantee and Grantee's successors and assigns, that Grantor is lawfully seized in fee simple of tile abOve granted premises, free and clear from all encumbrances, except as hereinabove set forth, and that Grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever. WITNESS MY HAND AND SEAL this c~day of ~ ..~ ~,~. ...... .. / ~,,..' '..~ ~,~ ? ,~ o~) .:~:~,~¥~ '.~.,- ~ ~ ~ ~' : s s. '~'~ .... f~rsonally appeared the above-named ttAROLD C. ltARDESTY/ and'~'ckn~Wiedged the foregoing instrument to be his voluntary act and deed. Before me: ~AROLD C.-}-J-~-t~ESTY / , 1982. NoiarY -Publl/5 for Oregon My Commission Expires- APPROVED FOR RECORDING WITHOUT FEE: Commiss loner Approv~d~for Re-recording to Correct Legal Description -2- Warranty Deed 82--11694 CORRECTION EASEMENT KNOW ALL MEN BY TIIESE PRESENTS that the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as "Grantor", hereby grants, bargains, sells and conveys an Easement for ingress and egress to HAROLD C. ItARDESTY, hereinafter referred to as "Grantee", said Easement to be located in Jackson County, Oregon, and described on Exhibit "A" which is attached hereto and by this reference incorporated herein as though f/]lly set forth herein. The Easement for ingress and egress shall be subject to the terms of the final Decree in Case No. 79-2929-E-1 in the Circuit Court of Jackson County, State of Oregon, wherein the City of Ashland was the plaintiff and Harold C. Hardesty and George Vincent Helfrich were the Defendants. The Easement shall be appurtenant to the land described in Exhibit "B" which is attached hereto and by this reference incorporated herein as though fully set forth herein. Said Easement is perpetual in nature and non-exclusive so that the City of Ashland shall have the right to the full use of said Easement as well and said Easement shall, be for the benefit of the Grantee, his heirs, administrators, executors and assigns. The consideration for said Easement is ONE DOLLAR ($1.00) and other good and valuable consideration the receipt of which is hereby acknowledged. This Document is to correct that certain Easement recorded June 25, 1982 as Document No. 82-09130, Official Records of Jackson County, Oregon. WITNESS OUR HANDS AND SEALS this ,:':, day of .:',~ ~.",-~-.-' , 1982. THE CITY OF ASHLAND, a Municipal corporation of the State of Oregon MAYOR By " ~ .... -,~ '-< ,:. -'. ~ CITY RECORDER STATE OF OREGON ) : ss. County of Jackson ) Personally appeared L. GORDON MEDARIS, who being sworn did say that he is the Mayor and NAN E. FRANKLIN, who being sworn did say that she is the City Recorder, of the City of Ashland, Oregon, and that said instrument was signed in behalf of said City of Ashland by authority -1- 82:-11694 of its City Council; and they acknowledged said instrument to be its voluntary act and deed. Before me: N~tary p~-~-~-~' Oregon .... My Commission expires: ~-~-g~ -2- AN EASEMENT FOR ROADWAY PURPOSES being 20 feet in width running from the Westerly line of Oak Street to the Easterly line of that tract formerly known as the Hardesty property, the Northerly line, more fully described as follows: Commencing at the point of beginning, being a 5/8 inch iron pin at the Easterly line of said property, from which the Northwest corner of Donation Land Claim No. 53, Township 38 South, Range 1 East, bears North 0° 19' ;02" East (record North) 589.29 feet and South 89° 26' 55" East (record East) 356.40 feet; thence South 67° 43' 33" East, 1.77 feet; thence South 73° 23' 33" East 332.73 feet to intersect the Westerly line of Oak Street on a curve Southeasterly. EXHIBIT "A" Ashland - Hardesty Easement -3- ~eginning afa point 356.40 feet West of the northwest corner of Donation Land Claim No. 53, %o~m:;hip 38 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00°17' West, 874.58 feet to the approximate center of Ashland Creek; thence following the approximate center line of said Creek as follows: North 36°56' West 475.80 feet; North 87°31' West 147.65 feet; North 62°40' West 41.76 feet~ South 82°39' West 104.58 feet; thence South 4°22' East 18.23 feet to the northeast corner of tract described in Volume 512 page 58, Deed Records of Jackson County, Oregon; thence South 87°25' West, along the north line of said tract, 337.10 feet to the northwest corner of sa~d tract; thence North 73°44' West 147.67 feet; thence West 160.00 feet to the west line of tract described in Volume 113 page 595, said Deed Records; thence North 00028' East, along said west line, 487.6~ feet to the northwest corner of said tract~ thence South 89'36; ~.ast 1218.33 feet to the point of beginning, containing 15.43 acres. EXCEPTING THEREFROM any portion conveyed to Jackson County, Oregon, by deed recorded as Document No. 75-0~447, Official Records of Jackson County, Oregon. FUTHER EXCEPTING THEREFROM: A tract of land lying within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying South of the following described line: Commencing at tI~e Northwest corner of I)o~ation tared Claim No. 53, located in To~,nuship 38 South, Range 1 East; thence North 89°26'55'' Wt~st (Record West) 356.40 feet; thence South 00~'19'02'' West (Record South) 589.29 feet to a 5/8 inch iron pin, being the pc~int of begi. nning, being on the Easterly line of the Hardesl~y tract, as described in Document No. 69-08305 of the Official Records of Jackson County, Oregon; thence North 67o43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78~48'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89°23'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86°36'48'' West !48.95 feet to a 5/8 inch iron pin; thence North 89°12'08'' West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. The Area no which this description applies contains 2.32 Acres, more or less, and describes ]and which ~s b~unded on the south by the center- line of Ash]and Creek, east of the bridge which serves the Ashland sewage treatment plant. EXHIBIT "B" Ashland - Hardesty Easement Jockson County, O~egon Recorded O}'FICIAL RECORDS 3o 1% 1982 j WALDENE TERRY  L~BK ond RECORDER By~ -~ Deputy CORRECTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as "Grantor", hereby grants, bargains, sells and conveys an Easement for ingress and egress to HAROLD C. HARDESTY, hereinafter referred to as "Grantee", said Easement to be located in Jackson County, Oregon, and described on Exhibit "A" which is attached hereto and by this reference incorporated herein as though f~lly set forth herein. The Easement for ingress and egress shall be subject to the terms of the final Decree in Case No. 79-2929-E-1 in the Circuit Court of Jackson County, State of Oregon, wherein the City of Ashland was the plaintiff and Harold C. Hardesty and George Vincent Helfrich were the Defendants. The Easement shall be appurtenant to the land described in Exhibit "B" which is attached hereto and by this reference incorporated herein as though fully set forth herein. Said Easemt~nt is perpetual in nature and non-exclusive so that the City of Ashland shall have the right to the full use of said Easement as well and said Easement shall be for the benefit of the Grantee, his heirs, administrators, executors and assigns. The consideration for said Easement is ONE DOLLAR ($1.00) and other good and valuable consideration the receipt of which is hereby acknowledged. This Document is to correct that certain Easement recorded June 25, 1982 as Document No. 82-09130, Official Records of Jackson County, Oregon. / WITNESS OUR }lANDS AND SEALS this /> day of .//~' ~:~ ~ , 1982 THE CITY OF ASHLAND, a Municipal corporation of the State of Oregon MAY 0 R By " .... CITY ~ECORDER STATE OF OREGON ) : SS. County of Jackson ) · '" 1982 Personally appeared L. GORDON MEDARIS, who being sworn did say that he is the Mayor and NAN E. FRANKLIN, who being sworn did say that she is the City Recorder, of the City of Ashland, Oregon, and that said instrument was signed in behalf of sa~d City of Ashland by authority of its City Council; and they acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public I~r Oregon My Commission expires:_ AN EASEMENT FOR ROADWAY PURPOSES being 20 feet in width running from the Westerly line of Oak Street to the Easterly line of that tract forr~erly known as the Hardesty property, the Northerly line, more fully described as follows: Commencing at the point of beginning, being a 5/8 inch iron pin at the Easterly line of said property, from which the Northwest corner of Donation Land Claim No. 53, Township 38 South, Range 1 East, bears North 0° 19' ;02" East (record North) 589.29 feet and South 89° 26' 55" East (record East) 356.40 feet; thence South 67° 43' 33" East, 1.77 feet; thence South 73° 23' 33" East 332.73 feet to intersect the Westerly line of Oak Street on a curve Southeasterly. EXHIBIT "A" Ashland - Hardesty Easement -3- ~eginning afa point 356.40 feet West of the northwest corner of "Donation Land Claim No. 53, Iown~;hip 38 ~;outl~, Range ] East, Willamette Meridian, Jackson County, Ore~on; thence South 00°17' West, 874.58 feet to the approximate' center of Ashland Creek; · thence following the approximate center line of said Creek as follows: North 36°56' West 475.80 feet; North 87°31' West 147.65 feet; North 62040' West 41.76 feet; South 82039' West 104.58 feet; thence South 4022' East 18.23 feet to the northeast corner of tract described in Volume 512 page 58, Deed Records of Jackson County, Oregon; thence South 87°25' West, along the north line of said tract, 337.10 feet to the northwest corner of sa~.d tract; thence North 73°44' West 147.67 feet; thence West 160.00 feet to the west line of tract described in Volume ]13 page 595, said Deed Records; thence North 00°28' East, along said west linc, 487.62 feet to the northwest corner of said tract; thence South 89-36; East 1218.33 feet to the point of beginning, containing 15.43 acres. EXCEPTING THEREFROM any portion conveyed to Jackson County, Oregon, by deed recorded as Document No. 75-0~447, Official Records of Jackson County, Oregon. FUTHER EXCEPTING THEREFROM: A tract of land !y~ng within the Northwest One Quarter of Section 4, Township 39 South, Range 1 East of the Willamette Heridian, Jackson County, Oregon, being all that land lying South of the following described line- Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89°26'55'' West (Record West) 356.40 feet; [hence South 00"].9'02" West (Record South) 589.29 feet to a 5/8 inch iron pin, being t)~c point of beginn:in~'., being on the Easterly line of the }lardesty tract, as described in Docment No. 69-08305 of the Official Records of Jackson County, Oregon; thence North 67~43 33" West 46].84 feet to a 5/8 inch iron pin; [hence South 78=4S 24" West 235.87 feet to a 5/8 inch iron pin; thence South 86~02 58" West 131.85 feet to a 5/8 inch iron pin; thence North 89~23 02" West 92.04 feet to a 5/8 ~ch iron pin; thence North 86~36 48" West 148.95 feet to a 5/8 inch iron pin; thence North 89°12 08" West 199.92 feet, more or less, to the Westerly line of the Hardesty ownership. The Area no which this description applies contains 2.32 Acres, more or less, and describes land which is bounded on the south by the cenzer- line of Ashland Creek, east. of t. he bridge which serves the Ashland sewage treatment plant. Jack,on County, O~egon ~eco~ded OFfiCIAL BECO~DS EXHIBIT "B" Ashland - Hardesty Easement