HomeMy WebLinkAbout2004-066 Easements-Kurtz/WalshCITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
BARBARA CHRISTENSEN
RECORDER
DATE:
PROJECT:
JOB NO.:
SUBJECT:
MARCH 23, 2004
KURTZ/WALSH - CITY PARTITION
EASEMENT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original recorded Document No. 2004-013993
2. Original recorded Document No. 2004-013994
3. Copy of recorded Document No. 2004-013992
ENCLOSED ~
UNDER SEPARATE COVER
REMARKS: For Filing
COPIES TO: Paul Nolte, Don Robertson
Department of Public Works
Engineering Divisio~l~ ~
By: James H. Olson'~l~l,' fl
Title: City Surveyor/)Pr~ect Manager
PUBLIC WORKS Tel: 541-488-5587
20 E. Main Street Fax: 5414884006
Ashland, Oregon 97520 TTY: 800-735-2900
www,ash]and,or, us
G:\pub-wrks\eng\dept-admin~PARTITIO\Kurtz Walsh Partition Easement Recording Memo 3 04.doc
Jaoksoo Co.nty O*~c~a~ Records 2004-013993
R-E
Cnt=l S[n=10 CUTTIHGA03/17/2004 0S:37:59 AM
$10.00 $5.00 $11.00 Total :$26.00
01015058200400139930020022
I, ~'{athfeen $. Beckett, County Clerk for Jackson County, Oregon,
certi~ that the instrument identified herein was recorded in the Clerk
records.
Kathleen S, Beckett - County Clerk
Name of Transaction:
Grantors:
Return Document to:
True and Actual. Consideration:
Public Trail Easement
Scott A. Kurtz and Ellen Walsh
Barbara Chdstensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.00 and other good and valuable
consideration
EASEMENT FOR PUBLIC TRAIL PURPOSES
1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon,
"Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct,
install, use, operate, inspect, repair, maintain and remove and replace a trail for use by
the public across, along and upon the real property described on the attached Exhibit A
and further referred to in this easement agreement as the "easement area."
2. Use Of surface. Grantor shall have the dght to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantor shall not build or erect any structure upon the easement area without the pdor
written consent of Grantee.
3. Pdor Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
Grantor~.'.-- .)
State of Oregon,
County of Jackson
This instrument was acknowledged before me on
by'
OFFICIAL SEAL
NANCY E SLOCUM
NOTARY PUBLIC - OREGON
COMMISSION NO. 371650
411 COIII~IISSION EXPIRES SiPT. 18, 2907_
/~ ~'~ ~(' /'~ 2003,
and /-~///c~ 0,4'. Ll. Jo.,15
N~t~ry PuJ~lic for ~regon ,..,
My comnl~ssion expires:
1- TRAIL EASEMENT
G':~IegaI~PAUL~PARKS~kurtz2 trail easement.wpd
EXHIBIT 'A'
PEDESTRIAN EASEMENT
A strip of land, being 10 feet in width and lying over and across that certain property
described in Volume 556, Page 96, Deed Records, Jackson County, Oregon, lying 5.00
feet on each side of the following described centerline:
Commencing at the Northeast comer of the Southwest Quarter of the Northeast Quarter
of Section 16 in Township 39 South, Range 1 East, Jackson County, Oregon; thence
North 89° 54' 51" West, 23.77 feet to the Point of Beginning; thence South 25° 10' 38"
West, 27.97 feet; thence South 64° 35' 55" West, 16.19 feet; thence South 52° 08' 29"
West, 14.70 feet; thence South 43 ° 09' 05" West, 52.32 feet; thence South 26° 56' 15"
East, 70.08 feet; thence South 56° 19' 57" West, 55.27 feet; thence South 44° 51' 27"
West, 43.92 feet; thence South 29° 22' 17" West, 46.03 feet to the northerly line of tract
described in Document No. 02-57966, Official Records, Jackson County, Oregon, being
the Point of Termination.
Jtme 17, 2003
Grantors: Scott A. Kurtz ..., ~d Ellen Walsh
Grantee:
Document to be Returned to:
True and Actual Consideration:
Send Tax Statements to:
Jackson County Official Records 2004-013994
R-E
Cnt=l Stn=10 CUTTING~TM 712004 09:38:59 AM
$10.o0 $5.0o $11.00 Totah$26.00
01015059200400139940020029
I, Kathleen S. Beckett. County Clerk for Jackson County, Oregon,
certify that the instrument identified herein was recorded in the Clerk
records.
Kathleen S. Beckett - County CJerk
City of Ashland, Oregon
Barbara M. Christensen, City Recorder
20 East Main, Ashland, OR 97520
$1.00 and other valuable consideration
Not applicable
PERMANENT ROAD ACCESS EASEMENT FOR CITY OF ASHLAND
1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon,
Grantee, a perpetual non-exclusive easement to over and across a strip of land
described on the attached Exhibit A entitled "Access and Pdvate Utility Easement."
This easement shall be for road purposes only t°provide access for the City and its
Park Commission, their officers, employees, agents and contractors for purpose of
transportation of personnel, equipment and supplies as needed in management and
maintenance of the City property and lands owned, controlled or acquired in the future
by the City or its Parks Commission adjacent to such property.
Nothing contained in this easement shall be construed as providing for the creation of a
public way or city street or for the allowance of parking on the roadway or access for
habitable structures.
2. Use of surface. Grantors shall have the dght to use the easement fOr all purposes not
inconsistent with the uses and purposes of the property, provided that Grantors shall
not build or place any structure upon the easement without the pdor wdtten consent of
Grantee.
3. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
State of Oregon,
County of Jackson
This instrument was acknowledged before me on
NANCY E SLOCUM
NOTARY PUBLIC - OREGON
COMMISSION NO. 371650
MY COMMISSION EXPIRES S6~T. 18, 2607
1 - Easement
/~E cc r~/~ ~,' /~v.~ 2003,
and
ot~Pu~c ~r Etlon
My commission expires:
G:\legal\PAUL\PARKS\kurtzl easement.wpd
EXHIBIT 'A'
ACCESS AND PRIVATE UTILITY EASEMENT
A strip of land, being 14 feet in width and lying over and across that certain property
described in Volume 556, Page 96, Deed Records, Jackson County, Oregon, lying 7.00
feet on eath side of the following described centerline:
Commencing at the Northeast comer of the Southwest Quarter of the Northeast Quarter
of Section 16 in Township 39 South, Range 1 East, Jackson County, Oregon; thence
North 89° 54' 51" West, 23.77 feet to the Point of Beginning; thence South 25° 10' 38"
West, 86.05 feet; thence South 31° 43' 43" West, 42.86 feet; thence South 33° 36' 01"
West, 90.47 feet; thence South 42° 10' 32" West, 52.30 feet; thence South 36° 23' 31"
West, 35.56 feet to the northerly line of tract described in Document No. 02-57966,
Official Records, Jackson County, Oregon, being the Point of Termination.
Junel7,2~3
/PROFESSIONAL I
/ su.v,EvO j
Jackson County Official Records 2004-013992
E-PUE
Cnt=l Stn=10 CUTTiNGA03117/2004 09:36:49 AM
$10,00 $5.00 $11.00 Total:S26.00
l, ~(athleen S. Beckett, County Clerk for Jackson County, Oregon,
ce~fy that the instrument identified herein was recorded in the Clerk
records.
Kathleen S. Beckett - County Clerk
Grantors:
Grantees:
Document to be Returned to:
True and Actual Consideration:
Send Tax Statements to:
Scott A. Kurtz and Ellen Wa.ish
Scott A. Kurtz and Ellen Walsh
Scott A. Kurtz and Ellen Walsh
831 Liberty Street, Ashland, OR 97520
$1.00
Not applicable
PERMANENT' UTILITIES EASEMENT
/0
1. Grant of easement. The above named Grantors grant to the above named Grantees a
perpetual non-exclusive easement to construct, reconstruct, install, use, operate, inspect,
repair, maintain and remove and replace utility facilities including but not limited to, lines for
electricity, sewer, water, gas and telecommunications on real property described on the
attached Exhibit A and further referred to in this easement agreement as the "easement area."
2. Use of surfac______~e. Grantors shall have the dght to use the easement area for all purposes not
inconsistent with the uses and purposes of the property, provided that Grantors shall not build
or place any structUre upon the easement area without the pdor wdtten consent of Grantees.
3. Access to Easement Area. Grantees, their agents, independent contractors and invitees shall
have the right of ingress and egress to the easement area for the purposes connected with this
easement.
4. Notice. Grantees, their agents, independent contractors and invitees shall, upon every
occasion that such utility facilities are constructed, maintained, replaced, reconstructed, or
removed, provide Grantors.reasonable notice pdor to entry and restore the premises of the
Grantors, and any buildings or improvements disturbed by Grantees, as near as practicable.
5~ prior Encumbrances. This easement is granted subject to all pdor easements or
encumbrances of record.
State of Oregon,
County of Jackson
This instrument was acknowledged before me on
OFFICIAL SEAL
NANCY E SLOCUM
NOTARY PUBLIC - OREGON
COMMISSION NO. 371650
MY COMMISSION EXPIRES SEPT. IL 2907
2003, by
Netary Pu~c for Oregon -.,.,
My commission expires: .(-~-/~"-~'7
PAGE 1-EASEMENT
(G:~IegahPAUL~PARKS~kurtz3 private utility easemenLwpd)
EXHIBIT 'A'
ACCESS AND PRIVATE UTILITY EASEMENT
A strip of land, being 14 feet in width and lying over and across that certain property
described in Volume 556, Page 96, Deed Records, Jackson County, Oregon, lying 7.00
feet on each side of the following described centerline:
Commencing at the Northeast comer of the Southwest Quarter of the Northeast Quarter
of Section 16 in Township 39 South, Range 1 East, Jackson County, Oregon; thence
North 89° 54' 51" West, 23.77 feet to the Point of Beginning; thence South 25° 10' 38"
West, 86.05 feet; thence South 31 o 43' 43" West, 42.86 feet; thence South 33 o 36' 01"
West, 90.47 feet; thence South 42° 10' 32" West, 52.30 feet; thence South 36° 23' 31"
West, 35.56 feet to the northerly line of tract described in Document No. 02-57966,
Official Records, Jackson County, Oregon, being the Point of Termination.
June 17, 2003
PROFESSIONAL
LAND SU RV, EYO,R~ ~_,,j
Memo
CITY OF
-ASHLAND
Date: March 23, 2004
From: James H. Olson
To: Paul Nolte
Re:
KURTZ/PARKS LAND PARTITION DEED DESCRIPTIONS
The partition plat for the Kurtz/Park land division was finally recorded on March 17, 2004. A
copy of the recorded and filed plat is enclosed.
Attached are two descriptions to be used for the bargain and sale deeds to convey title to the City
and to Kurtz. Dawn will email the descriptions to you if you would like to incorporate the
descriptions into the document rather than creating an Exhibit A and adding another sheet to be
recorded. As I am sure you are aware the Bargain and Sale deeds should be reformatted to
include a 2 inch by 4 inch blank space in the upper right comer for the new recording bar code
and stamp.
Also attached are the following recorded documents:
1. Easement for Public Trail Easement (original document to Barbara C.)
2. Permanent Road Access Easement for the City of Ashland (original to Barbara C.)
3. Permanent Utilities Easement (original to Kurtz)
Please let me know if you need anything further.
CC:
Paula Brown
Barbara Christensen
Don Robertson
Attachments
Recorded Plat
3 Easements
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland OR 97520 TrY: 800/735-2900
www.ashland.or, us
G:~pub-wrks\eng\dept-admin\PARTITIO\Kurtz Parks Deed Description for Deeds Memo 3 04.doc
Parcel No. I of that Land Partition filed for record on the 17th day of March 2004
and recorded as Partition Plat No. P-12-2004, Index Volume 15, Page 12 of the
Records of Partition Plats in Jackson County, Oregon.
Kurtz/Walsh to
City of Ashland
391E16AC Tax Lot 200 (parent)
March 23, 2004
G:¥ub-wrks~eng\dept-admin~PARTITIO~Kurtz Walsh Parks Partition Description 3 04.doc
lJlllll'
Parcel No. 2 of that Land Partition filed for record on the 17th day of March 2004
and recorded as Partition Plat No. P-12-2004, Index Volume 15, Page 12 of the
Records of Partition Plats in Jackson County, Oregon.
Kurtz/VValsh to
City of Ashland
391E16AC Tax Lot 200 (parent)
March 23, 2004
\\COMPAQl\DATA\GOV'koub-wrks~eng\dept-admin\PAR. TITIO~Kurtz Walsh Parks Partition Parcel 2 Description 3 04.doc