HomeMy WebLinkAbout2005-212 Easement - Hymans
Grantors: City of Ashland, Oregon
Grantees: Dallas Hymans and Sidney Morrison
Document to be returned to:Barbara Christensen
True and Actual Consideration:$1.00
Sent tax statements to: Not applicable
UTILITY EASEMENT
City of Ashland. Oregon. a Municipal Corporation, Grantor, does hereby grant unto I>allas
Hvrnans and Sidney Morrison, Grantees, a perpetual easement to construct, install, repair and
maintain a residential gas service limited to service to one single family residential unit over the
real property described below and further referred to in this document as the easement area and
being further described in attached Exhibit A.
Benefiting the following described Tract:
That portion of the north 'l2 of Section 16, Township 39 South, Range 1 East of the \Villamette
Meridian, Jackson County, Oregon, described as follows: Commencing at a found 2 -1/2"
diameter brass cap marked: "Swain Surveying, T.30S.,R.IE., CN 1/16 Sec 16, RLS 759, Survey
Monument, 1982", monumenting the center north 1/16 of said Section 16; thence South
06006'04" West 237.59 feet to a 5/8 inch iron pin, the true point of beginning; thence South
51010'02" West 150.35 feet to a 5/8 inch iron pin; thence South 07056'09" West 335.48 feet to a
5/8 inch iron pin; thence South 89058'52" West 469.74 feet along the north line of the southeast
quarter of the southeast quarter of the northwest quarter of said Section 16, to a 5/8 inch iron pin;
thence North 00020'52" West 426.235 feet along the east line of the northwest quarter of the
southeast quarter of the northwest quarter of said section 16, to a 5/8 inch iron pin; thence North
89057'26" East 635.76 feet to a 5/8 inch iron pin, the true point of beginning.
The "Easement Area" delineated in Exhibit "B" attached hereto and made a part hereof.
for the purpose of constructing and maintaining, therein, wholly beneath the surface of the
ground a natural gas line serving only one single family residential unit, including a right to go
upon the premises hereinabove described with such men and equipment as may be necessary to
accomplish the purpose hereof, reserving to the Grantor herein the right to possess and make
such use of the premises above described as shall not conflict with the said Grantees in the
exercise of this easernent; and the said Grantees by these presents covenants that it shall
promptly fill to grade of adjoining property, and restore the surface over any excavation it may
make pursuant hereto. Grantor further reserves the right to relocate said gas service and to
redefine the easement area to accommodate future utilization of Grantor's property.
SIGNED this ~ day of Jat; , 2005.
STATE OF OREGON)
County of Jackson) SS.
~~~
Barbara Christensen, City Recorder
Personally appeared the above-named Council Chair Kate Jackson and City R1ecorder
Barbara Christensen and acknowledged the foregoing instrument to be their voluntary act.
Before me:
. OFFICIAL SEAL
.: APRIL M. LUCAS
~. NOTARY PUBLIC-oREGON
COMMISSION NO. 388338
MY COMMISSION EXPIRES JAN. 09, 2009
~ --\\J\ . B-L-\I}Q!.J
Notary Public for Oregon
My commission expires: \Iq Lo q
C:\DOCUME-I\lucasa\LOCALS-l\Temp\39IEI6BD 211 Hymans PUE to Avista.doc
EXHIBIT 'A'
Beginning at the northeast comer of Lot 7 of TERRACE PINES SUBDIVISIO~~ as
recorded in Volume .17, Page 30 of the Plat Records of Jackson County, Oregon; thence
North 89039' 18" East, 130.00 feet to the east line the city park of said SUBDIVISION;
thence South 0020' 42" East, along said east line, 30.00 feet; thence South 89039' 18"
West, 130.00 feet; thence North 0020'42" West, along the line in common betwleen said
Lot and Park 30.00 feet to the Point of Beginning.
CITY OF ASHLAND to
Dallas Hymans and Sidney Morrison
Easement for Gas Service
39 IE 16BD tax lot 211
R=45.00
~=12'59'41"
L=10.21
LC=N36'08'19"E
CD=10.18
EXHIBIT "B "
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Prepared by:
FAf"{BER & SONS, INC.
dbo FARBER SURVEYING
431 Oak Street
Cen trol Po in t, Oregon 97502
(541) 664-5599
REO ISTERED
PROFESSIONAL
LAND SURVEYOR
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JOB NO.
April 20, 2005
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OREGON
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HERBERT A. FARBER
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RENEWAL DATE 12-31-05
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18 April 2005
Ashland Parks & Recreation Commission
340 South Pioneer Street
Ashland, OR 97520
Re: Request for easement across Parks & Recreation owned land
Committee Members:
Dallas Hymans and Sidney Morrison of 752 Terrace Street, Ashland, here,vith
request Commission permission to create and record a utility easement
sufficiently wide to enable them to bury a natural gas line across a Parks and
Recreation parcel at the top of Terrace Street, as described in more detail on the
attached images.
We intend to build our home on the 5 acre lot between Terrace Street and
AsWand Loop road at the forest interface. The elevation, location, and
topography of the lot create unusual challenges for efficient delivery of public
utilities.
When queried how to deliver natural gas service to the property, Avista (rtilities
(Dennis Ott (541) 941-4057) conceded that the only feasible service path is
easterly from Terrace Street across the parcel that Larry Medinger deeded the
Parks and Recreation Department in 1992. According to Mr. Ott, Avista is
unable to deliver natural gas to the property from either the north or the east.
The service lines typically require excavation ofa continuous trench
approximately 6" wide by 30" deep, installation of a flexible, low pressure,
plastic pipe, and the infill & compaction of the trench thereafter.
The Parks & Rec lot is heavily wooded, steep, and largely unused by people,
although there is a narrow trail running the length of the property. The line
would cross beneath, but in no way disturb, this path.
With gratitude for your service and consideration...
Dallas Humans
Sidney Morrison
Cc: Susan Dyssegard, Office Manager via e-mail todyssegs@ashland.oJr.us
Tom Bradley, Bradley Properties, LLC to tom@bradleyprop.com
City of Ashland, Oregon - Agendas And Minutes
Page 1 of 4
Monday, April 25, 2005
. City of Ashland
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
April 25, 2005
ATTENDANCE
Present: Commissioners D. Amarotico, Eggers, Gardiner, Lewis, Rosenthal; Director Robertson;
Superintendent Gies; Superintendent Teige; City Council Liaison A. Amarotico
Absent: !\Jone
CALL TO ORDER
Gardiner called the meeting to order at 7:00 PM at Council Chambers, 1175 E. Main.
APPROVAL OF MINUTES
Regular M~~eting - March 28. 2005 Under Unfinished Business item "Capital Budget Discussion," Eggers
asked that a sentence be clarified to read: "Eggers advocated for land acquisition and development, noting the
importance of shifting budget funds beginning wfth the upcoming fiscal year, because land prices are
increasing at a much greater rate than the overall cost of living."
MOTION Rosenthal moved to approve the minutes as amended. Eggers seconded the motion.
The vote was: 5 yes - 0 no
Study Session - April 18. 2005 Under Old Business item "5-Year Capital Improvement Plan," Eggers
requested that the first sentence be changed to read: "Robertson presented a 5-year capital improvement
plan, which was based on suggestions he received from commissioners, staff, and the general public
throughout the 2005-2006 budget planning process and on an existing 5-year plan found in departmental
archives."
MOTION LHwis moved to approve the minutes as amended. Rosenthal seconded the motion.
The vote was: 5 yes - 0 no
PUBLIC PARlrlCIPA TION
OPEN FORUM
Julia Sommer, 573 Scenic Drive, speaking on behalf of the Scenic Condo Association and neighbors in the
surroundin~, area, expressed concern about the large tractor trailer container containing CERT supplies that
was deposited on the N. Main I Scenic park site approximately one month ago by the Ashland Fire
Department She conveyed her overall disappointment with the condition of the park site, including the lack of
maintenance, the dearth of "No Parking" signs, and the generally unsafe and unclean conditions at the
location.
Susan Ru~)t, 42 N. Wightman Street, spoke of her appreciation for the work of the Ashland Parks and
Recreation Commission and the department, and especially for the work of the staff at N. Mountain Park in
terms of thE~ir Environmental Stewardship Program. She also expressed gratitude for the fire reduction efforts
in the Siskiyou Mountain Park area, the management of forest lands, the trails work around and within the city,
and the public meetings regarding the development of a linked trails system in Ashland.
ADDITIONS OR DELETIONS TO THE AGENDA
None.
UNFINISHED IBUSINESS
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2186&Print=True
5/18/2005
City of Ashland, Oregon - Agendas And Minutes
Page 2 of 4
LITTLE LEAGUE BATTING CAGE REQUEST
Robertson reminded the commission about the request by the Ashland Little League to add a ]permanent
batting cage structure at HunteJ Park. He suggested placing the permanent structure closer to the baseball
field [than where the temporary cage is currently located] to allow for future growth of the tree canopy.
Jack Opgenorth, 575 Elizabeth Avenue [Ashland Little League vice president], and Matt Small, 385 Cherry
Lane [design architect], reiterated their desire to install a permanent batting cage facility at Hunter Park and
responded to the concern expressed at the March meeting regarding lighting the proposed batting cage.
Opgenorth and Small agreed with the staff suggestion to move the cage closer to the baseball field.
Discussion Among Commissioners
Commissioners discussed avoiding the drip lines of trees and deliberated about whether the structure would
require lights. Gardiner called for a motion.
MOTION Lewis moved to approve the installation- of a permanent batting cage structure at Hunter Park,
including lights, on the condition that staff would oversee and approve adequate setbacks. Rosenthal
seconded the motion.
The vote was: 5 yes - 0 no
BUDGET APPROVALS
Robertson read aloud the packet memo entitled "Adoption of Proposed 2005-2006 Budget" and thanked staff
members and the commission for their efforts throughout the budget preparation process. HH recommended
the approval of the proposed 2005-2006 APRC budget.
Susan Rust, 42 Wightman Street, asked staff to post the Parks Department budget on the Cilly's Web site for
the benefit of the citizens of Ashland, and she spoke of her appreciation for the funds allocated toward open
space acquisitions in the coming fiscal year. '
Greg Weston, 620 Sherwood Lane, spoke on behalf of the local baseball community in requesting the
inclusion of North Mountain Park baseball field lights in the 2005-2006 budget.
Discussion Among Commissioners
Commissioners reviewed the memo and Eggers offered some clarifying points, specifically with regard to the
support the department would provide to the senior community in Ashland.
Commissioners reviewed the Parks budget spreadsheets and asked questions relating to a number of items,
including potential cost savings for tennis court lights. Eggers again expressed her uneasiness with the
inclusion of funds for baseball field lights and reiterated her desire for a renewed effort with regard to the
acquisition of open space property: Rosenthal asked the commission to consider developing a long-term
capital improvement plan for the Oak Knoll Golf Course in the upcoming fiscal year. Eggers asked a number
of additional questions relating to details within the spreadsheets and staff provided feedback. Commissioners
expressed appreciation for the information provided during the budget process, and Gardiner called for a
motion.
MOTION D. Amarotico moved to approve the proposed 2005-2006 Ashland Parks and Recreation
Commission budget. Rosenthal seconded the motion.
The vote was: 5 yes - 0 no
NEW BUSINESS
UTILITY EASEMENT REQUEST
Robertson reported that two citizens requested a utility easement across Parks-owned land at 752 Terrace
Street. He welcomed the property owner and the developer and invited them to speak to the commission.
Dallas Hymans, 752 Terrace Street [property owner] and Tom Bradley, 700 Terrace Street [property
developer] requested a utility easement at the top of a 5-acre lot between Terrace Street and Ashland Loop
Road, at the forest interface but within City limits, that would be sufficiently wide to enable the placement of a
http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=2186&Print=True
5/18/2005
City of Ashland, Oregon - Agendas And Minutes
Page 3 of 4
natural gas 'line for a private residence.
Discussion Among Commissioners
Commissioners asked about the history of the property and staff provided background information. Robertson
informed thl3 commission that utility easements are common in many places. When asked whether utility
equipment could damage the land, the commission was told that the small equipment used for such purposes
generally does not harm the landscape to any significant degree. Lewis asked that the easement be limited to
a single-service easement [gas only] for a single residential unit so as to minimize potential damage to the
land. He also asked that staff review the project and approve it in terms of potential impacts on the
surrounding trails and plant life. Gardiner called for a motion
MOTION E!~gers moved to approve recommending to the City Council the request for a utility easement
across Parks-owned land, on the condition that it would be used solely for a single residence and a single
utility, and contingent upon staff review and approval in terms of environmental impacts. Lewis seconded the
motion.
The vote was: 5 yes - 0 no
SIGNS, PU,QUES APPROVALS
Gies reportHd that the Signs, Plaques, and Memorials Subcommittee and staff toured Lithia Park with the
intention of locating areas within the park that might accommodate benches with plaques, and that they found
three sites that could accommodate a total of four benches. He reported that the subcommittee reviewed all
existing req uests for benches with plaques and found four that clearly fit the criteria outlined by the
subcommittE~e .
Judy KettIE~r, 488 Lori Lane, requested the placement of a memorial bench with a plaque in Lithia Park in
honor and memory of her husband, Jake Kettler, who was deceased more than one year ago.
Discussion Among Commissioners
Commissioners voiced appreciation for the work of the subcommittee and Gardiner called for a motion.
MOTION LE~wis moved to approve the placement of four benches with plaques in Lithia Park. Rosenthal
seconded the motion.
The vote was: 5 yes - 0 no
SUB-COMMITrEE and STAFF REPORTS
Robertson mported that the Ashland City Council proposed a series of joint study sessions with the Parks
Commission and the Ashland School Board in June and July to discuss topics of mutual interest or concern,
including thH lease on the Ashland Gun Club, open space funding, the future of the Briscoe and Lincoln
. Elementary School playgrounds, and any other issues of mutual concern. Commissioners agreed to the
proposed meetings and requested notification of specific dates and times in the near future.
Robertson thanked North Mountain Park staff for their outstanding work in creating a successful 2005 Earth
Day event on Saturday, April 23, at which approximately 4,000 people attended.
ITEMS FROM ~COMMISSIONERS
Eggers updated the commission on the outcome of the recent goal setting study session of the Forest Lands
Commission, on which she serves as a regular voting member.
Eggers askE!d staff for an update on the landscaping at the Meadowbrook Park" subdivision.
Commissioners discussed the request from the Ashland Chamber of Commerce for the use of Lithia Park;
specifically, the Butler Bandshell and the lawn area between the playground and the lower duck pond, on July
3 and 4, for the purpose of staging and conducting the annual 4th of July events in the park. Eggers asked
that vendors be instructed not to drive their vehicle~ on the vegetation and not to dump their wastewater into
the gutters, and that Chamber organizers provide an alternative receptacle for the wastewater.
http://www.ashland.or.us!Agendas.asp?Display=Minutes&AMID=2186&Print=True
5/18/2005