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HomeMy WebLinkAbout2005-199 Easement - Voisin Jackson County Official R:ecords 2005-056357 R-E Cnt=1 Stn=3 MORGANS99/15/2005 01 :49:17 PM $11iiHfrijilIl filii" IJfllii,r 01142312200500563570030038 I, K~thleen s. B.eckett, County C.I~rk for Jackson County, Oregon, ~:~%:~at the Instrument Identified herein was recorded in the Clerk Kathleen S. 13eckett - County Clerk Grantor: Carol J. Voisin, Trustee 908 Fox Street Ashland OR 97520 City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1.00 Grantor Grantee: Document to be Returned to: True and Actual Consideration: Send Tax Statements to: PERMANENT STORM DRAIN EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantor grants to the City of Ashland, Oreflon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a storm drain line on real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon, and is described as follows: See the attached Exhibit A. 2. Use of Area. Grantor shall have the right 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 place any structure upon the easement area without the prior written consent of Grantee. 3. Access to Easement Area. Grantee, its 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. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public storm drain facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantor reasonable notice and restore the premises of the Grantor, disturbed by Grantee, as near as practicable to its original condition. PAGE 1-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Voisin Permanent Drain Easement to City 8 05.doc 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public storm drain purposes. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTORS: C~ ~9{'~0~-\e~ Carol J. Voisin, Trustee State of Oregon County of Jackson This instrument was acknowledged before me on Carol J Voisin. Trustee. ~t)f. ) . 2005:1 by ~ . OFFICIAL SEAL . . JAMES H OLSON ~ J NOTARY PUBLIC - OREGON ...... ...... COMMISSION NO. 362969 '. .' MY COMMISSION EXPIRES DEC. 8. 2006 otary Public for Oregon / ? / My commission expires: 12- 8( CJ 6 PAGE 2-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Voisin Permanent Drain Easement to City 8 05.doc ~ EXHIBIT A STORM DRAIN EASEMENT DESCRIPTION An easement, over, across and through a strip of land, variable in width, being situalted in Northeast Quarter of the Northwest Quarter of Section 5, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon and being more fully described as follows: Commencing at a found % inch galvanized iron pipe situated at the most Southerly corner of that property as partially re-surveyed and set forth on Survey No. 112~)8 as filed in the office of the Jackson County Surveyor, said point bears North 190 30' 22" West for a distance of 907.09 feet from a found iron pipe with brass cap situated at the accepted Southwest corner of Donation Land Claim No. 38, said Township and Range; THENCE North 300 26' 36" East along the Easterly boundary line of said property, as set forth in the hereinabove referenced filed survey, for a distance of 53.46 feet to a point common to the Southerly right of way line of that Public Storm Drainage Easement as set forth on that Land Partition Survey. Partition Plat No. P-4 7 -19H3 of the Records of Partition Plats in Jackson County, Oregon and filed in the office of the Jackson County Surveyor as No. 13534, said point being the TRUE POINT OF BEGINNING: THENCE North 160 53' 25" West for a distance of 8.31 feet; THENCE North 42046' 16" West for a distance of 26.47 feet; THENCE North 58031' 41" West for a distance of 65.91 feet to a point in the right of way of Ashland Mine Road, as said road has been set forth in Volume 3, Page 34-6 of the Road Records of Jackson County, Oregon; THENCE North 260 18' 02" East for a distance of 10.14 feet; THENCE South 580 24' 59" East and leaving said road right of way at some point along this line, for a distance of 67.58 feet; THENCE South 530 30' 18" East for a distance of 30.68 feet to a point of intersection with the Easterly boundary line of the hereinabove referred to property and the Northerly right of way line of the Public Storm Drainage Easement, as set forth on the hereinabove referred to Land Partition Survey; THENCE South 300 26' 36" West along the Easterly boundary line of the said property, as per said filed survey, for a distance of 20.00 feet to the point of beginning. Together with and subject to covenants, easements, and restrictions of record and those apparent on the land. Voisin to City of Ashland STORM DRAIN EASEMENT 39 1E 05BA Tax Lot 1600 August 31, 2005 PAGE 3-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Voisin Permanent Drain Easement to City 8 05.doc j