The URL can be used to link to this page

Home My WebLink About2007-233 Easements - Roth After Recording Please Return to: For Recorder's 1 Jackson County Off;cial Records 2007 -045035 ~~~~ 81n"3 MORGAN~J27J2007 08:53:17 AM $15.00 $5 00 $5.00 $11.00 Total:$36.00 111111111111111111111111 01288214200700450350030032 Andrea Miranda Rogue Valley Community Development Corporation 328 S. Central Ave., Suite 203 Medford, OR 97501 I, Kathleen S. 8eckelt, County Clerk for Jllckllon County, Oregon, certify thai the Instrument Identified herein was recorded inthe CI erk records. -- Kathleen S. Beckett _ County Clerk FffiST AMENDMENT TO EASEMENT AND MAINTENANCE AGREEMENT AMENDED EASEMENT ~daYOf S"'-f'T'f'M~ff<..., 2007 Document number 2005-002662, January 18, 2005 DATE: GRANTOR: James A Roth and Rita Donovan Roth, Trustees of the James A Roth and Rita Donovan Revocable Living Trust GRANTEE: Rogue Valley Community Development Corporation, an Oregon nonprofit corporation BENEFITED PROPERTY: Tract A in Exhibit A to the statutory warranty deed by which Grantor conveyed title to the Benefited Property to Grantee recorded on the same day this Easement is recorded in the Recorder's Office of Jackson County, Oregon as document number 2005-002661. BURDENED PROPERTY: Lots 4 and 5 in Block 1 of PARK VlEW SUBDIVlSION in the City of Ashland, Jackson County, Oregon EASEMENT PURPOSES: Amend Motorized Vehicle Access and Utilities Easement This is the First Amendment to the Easement and Maintenance Agreement between James A Roth and Rita Donovan Roth, Trustees of the James A Roth and Rita Donovan Revocable Living Trust ("Grantor") and Rogue Valley Community Development Corp., an Oregon nonprofit corporation ("Grantee"), dated January 12, 2005, and recorded January 18, 2005 at Document number 2005-002662 (the "Easement"). The Easement provides as follows: "These easements may be amended but only by the recorded written agreement of all of the Owners of the Lots benefited and burdened by the easement that is amended. The owners of the Benefited and Burdened Properties shall make any amendments reasonably necessary to achieve the purposes of this Easement and Maintenance Agreement and any amendments required by the City of Ashland as a condition of its approval of Grantee's pad lot subdivision application." Page 1 of 3 C:\Docurnents and SettingsIJohn WheelerlLocal SettingslTemporary Internet FileslOLK341Amendment to AccessUtili1y easement.doc As a condition ofthe approval of the Grantee's pad lot subdivision application, the City of AsWand has required that the following be added to the Easement: "Fire Aoparatus Access. The access easement allows not only motorized vehicle access usually associated with Grantees' anticipated residential use of the Benefited Property, but also access for fire trucks and related fire and rescue vehicles ("Fire Apparatus") in the Easement Area. The Easement Area will be signed as "No Parking-Fire Lane" and have a vertical clearance of 13 feet, 6 inches. Approval of the City of Ashland Department of Fire and Rescue is required prior to modifying this Easement as to the Fire Apparatus access." Grantor: James A. Roth and Rita Donovan Roth, Trustees of the James A. Roth and Rita Donovan Revocable Living Trust BY~""Q.!:' ~~"^- Name: ~ \~ Trustee of t e James A. Roth and Rita Donovan Revocable Living Trust BY~1~ Na e: Trustee 0 the James . Roth and Rita Donovan Revocable Living Trust Grantee: Rogue Valley Corporation, corporation Community Development an Oregon nonprofit Page 2 of 3 C:\Documents and Settings\John WheelerlLocal Settings\Temporary Internet Files\OLK34\Amendment to AccessUtility easement.doc '), STATE OF OREGON ) ) ss. ) COUNTY OF .).... "-.... 50........ Personally appeared before me on the (, -t- day of 'iA-pT'-t.M. '0...,... ,2007, the above-named .\ 0..""" ~ 'Ro-\-\.-.. who did say he/she was a trustee of the James A Roth and Rita Donovan Revocable Living Trust and acknowledged that he/she executed the foregoing as his/her voluntary act and deed. OfflC1Al.~ KELLY~GEIGER .. ~P\lBLIC;()REGON c61it'.-sSIONOO.389625 s I.. 2009 ~.~~ K"~ ~~..)d~~ NOTARY PUB IC for Or gon .......... ,,' & J " , STATE OF OREGON ) ) ss. ) COUNTY OF ,\c-"-Io-~ """"' personallJ: appeared before me on the Co+- day of c;.....p+<"" ~,.... ,2007, the above-named ~ ,4-G... l)c....,ov......, Rc:r't\.l:Yho dId say he/she was a trustee of the James A Roth and Rita Donovan Revocable Living Trust and acknowledged that he/she executed the foregoing as his/her voluntary act and deed. OffICIAl. ~ KEllY GEIGER NOTA!!V PIl8lIC>OAEGON COf.I>.IIUION 00. 389625 tIN COMI.UlI::lN EXl'tRES fEB I.. 2009 STATE OF OREGON , I~l.f'~~^ NOTARYPUB I forO gon COUNTYOF J....L~"'" ) ) ss. ) This instrument was acknowledged before me on ~ p+ L 1-- , 2007, by John Wheeler as Director, Acquisitions and Construction of the Rogue Valley Community Development Corporation, an Oregon nonprofit corporation. . OFFICIAl' SEAl. KELLY GEIGEll NOTARY PUIUC-oREGoN ,....;.. COMII'iTl~ NO. 389625 tIN COIIIUSSICH ElCPlRES FEI 14. 2(J()9 --------lA u U A 1& · ~ i-^ NOTARYPUBL orOre n ' Page 3 of 3 - C:\Documents and SettingsIJohn WheeIerlLocal SettingslTemporary Internet FileslOLK341Amendment to AccessUtility easement.doc 2+ I, Kathllllln S. Bllckett,...county Clerk for Jackson County, Oregon. certify that the Instrumenl Identified herein was recorded Inthe CI erk records Kathleen S. Beckett - County Clerk Grantors: Grantee: Document to be Returned to: City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1.00 Not applicable True and Actual Consideration: Send Tax Statements to: PERMANENT UTILITIES EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantors grant to the CUyof Ashland, Oregon, "Grantee,. a perpetual non-elClusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remole and replace public utilityfacilllies including but not limited to, lines lOr electricity, sewer, water, gas and telecommunications on real property described below and further referred to in this easement agreement as the "easement area." The easement area is locat!ld in Jackson County, Oregon, and is described as bllows: See the attached Exhibit A. 2. Use of surface. Grantors shall haw the right to use the easement area br 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 wthout the prior \Mitten consent of Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and imnees shall have the right of ingress and egress to the easement area br the purposes connected wth this easement. 4. Notice. Grantee, its agents, independent contractors and imitees shall, upon ewry occasion that such public utilityfacHities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors reasonable notice and restore the premises ofthe Grantors, and any buildings or improvements disturbed by Grantee, as near as practicable. 5. Termination. All rights hereunder shall cease ifand when the easement area ceases to be used for public utility purposes. 6. 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 'S L 'P;- t rv\ ~ G -t- 2001, by ..)<>--""'-'---"> R~ . c R ,-T-k "\)ov, =Ie-V\. 1\.o~ , EXHIBIT" A" A 10.00 foot wide Sanitary Sewer Easement located within a portion of that tract ofland described in Instrument Number 2000-27163 of the Official Records of Jackson County, Oregon, being located in the Southeast One-quarter of the Northeast One-quarter of Section 15, Township 39 South, Range 1 East of the Willamette Meridian, in the City of Ashland, Jackson County, Oregon. The exterior of said easement being more particularly described as follows: Commencing at the Southeast Comer of Donation Land Claim Number 45 (OLC No 45); thence North 00006'06" East along the east line of said claim line, 11 4.00 feet (Deed Record: North 0004' West, 114.00 feet); thence East, 269.00 feet to the Northwest Comer of Volume 280 at Page 333 of the Deed Records of Jackson County, Oregon; thence South 00006'06" West, along said west line thereof, 210.09 feet (Deed Record: South, 210.0 feet); thence East, 158.68 feet to the west line of Lot 4, Block I, Park View Subdivision, recorded February 4, 1966, in Volume 10 of Plats at Page 30 ofthe Records of Jackson County, Oregon; thence South 00006'06" West, along the west line of said Lot 4,59.99 feet to the True Point of Beginning; thence leaving the west line of said Lot 4, South 54054'52" East, 29.40 feet; thence East, 90.73 feet to a point on the east line of Lot 5 of aforesaid subdivision, also being a point on the westerly right of way of Park Street; thence South 00006'06" West, along said east lot line and westerly right of way, 10.00 feet; thence leaving said lot line and right of way, West, 93.88 feet; thence North 54054'52" West, 25.57 feet to a point on the west line of said Lot 5; thence North 00006'06" East, along the west line of aforesaid Lots 4 and 5, 12.21 feet to the Point of Beginning. Containing 1,198 square feet, more or less. Prepare by: Neathamer Surveying, Inc. 3132 State Street, Suite 11 0 PO Box 1584 Medford, OR 97501 Phone: (541) 732-2869 Fax: (541) 732-1382 r REGISTERED PROFESSIONAL LAND SURVEYOR Date prepared: September I, 2007 CWt.l~ OREGON JULY 09. 2001 CAEL E. NEATHAMER LS 56545 RENEWAL: DEC. 31. ~ I}