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HomeMy WebLinkAbout2008-091 Easement - Yamaoka After Recording Return To: Davis, Heam, Saladoff & Bridges, P.C. 515 E. Main St. Ashland, OR 97520 Jackson County Official Records 2008-020512 R.PUE - Cnt=1 Stn=3 MORGAN~/30/2008 03:04:56 PM $25.00 $500 $5.00 $11-.00 Total:$46.00 11111111 111111111111 . 01325451200800205120050053 I, Christine Walker, County Cierk for Jackson County, Oregon, certify that the instrument identified herein was r-,corded in the Clerk records. . . _ Ghnstlne Walker - County Clerk PUBLIC UTILITY EASEMENT For and in consideration of the mutual covenants and agreements contained herein, RONALD YAMAOKA and CARRIE YAMAOKA ("Grantors"), do hereby grant and convey to the City of Ashland, Oregon and tv A';ista CCi:"poration e'Grwi.te~s"), a perpetual and non- exclusive easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain, public utility lines and other appurtenances on, over, across, and/or under that portion of the parcel located in Jackson County, Oregon, and described on the attached Exhibit "A." The Grantors warrant that they are the owners of said real property, free and clear of all liens and encumbrances whatsoever. The rights enumerated above shall not include the right to excavate or otherwise disturb the easement area following the installation of the utility lines and other appurtenances, nor shall this instrument be deemed to grant the authority to deconstruct, disturb, or otherwise alter in any way, the stairway, landing, and footings constructed upon the easement area, and such improvements are hereby expressly allowed in the easement area. All maintenance, operation, upgrading, repair, and replacement of the lines and other appurtenances shall be accomplished by means of alternative access points constructed at either ends of the easement. Such access points shall not be changed, moved, or otherwise altered without the express written consent of the Grantors. The grant and other provisions herein described shall be deemed appurtenant to the real property described on the attached Exhibit "B." This instrument constitutes the entire agreement between Grantors and Grantees, there being no oral agreements or representations of any kind made between them. The grant and other provisions herein described shall constitute a covenant running with the land for the benefit of the Grantees, their successors and assigns. EXECUTED this the ~ day of ~ ,20Cg ~.~~ CARRIE Y AMtOKA GRANTORS: ~~ RONALD Y &^OKA ) Utility Easement -1- LAW OFFICES OF DAVIS, HEARN, SALADOFF & BRIDGES A Pr~fessl'>"al Corporation 515 EAST MAIN STREET ASHLAND, OREGON 97520 (541) 482.3111 FAX (541) 488-4455 STATE OF CALIFORNIA ) ) 99 COUNTY OF SAN FRANCISCO ) PERSONALLY APPEARED the above-named RONALD YAMAOKA and CARRIE YAMAOKA, Grantors above, who acknowledged the foregoing instrument to be their voluntary ~=:---~f @ I~HUCHS COI,__**", #1667"" ;; 1 ..., NlIo · CaIIllnlJ ~ .... Pa~ eo.nv - ~ ~ ~ ~~~-:l~20~ol THE FOREGOING INSTRUMENT was acknowledged before me this & day of ~ ' 2008, by JOHN MORRISON, Mayor of the City of Ashland, Oregon. Ci:4M-~ Notary Public for th State of Oregon My Commission Expires: ~a,!)OIO CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, OREGON, Grantee: STATE OF OREGON ) ) 99 COUNTY OF JACKSON ) F~'I!'Jr.;"''''~~~III''\\~.:!f:L~~.!!..''__,:''''~ryr~; ~ O~r:!G!Al SEAl r' OlAHA R. SHIPLET NOTARY PUBLIC-OREGON COf.,qMi~~;mON NO. 405584 MY GOMMiSS~O{: ~XPiAES MAY 2, 2010 LAW OFFICES OF DAVIS, HEARN, SALADOFF & BRIDGES A Professional Corporation 515 EAST MAIN STREET 9' ASHLAND, OREGON 97520 (541)482-3111 FAX (541) 488-4455 Utility Easement -2- POINT OF BEGINNING ., [)(HIBIT LEAD PLUG & TAG ~ C STAMP(o LS 759 ~ ~J~~'O .' - N J4'~'0!..! .E..Og' . :.7S~46~..W. ~ .~.'29.15~ ':. ~.'o:' ....:. ">".: .....;::.....:..:.......-:.:.~. ... . '.. .:'5 .j~.46~c)J..W.. .;::...:.. '29.jf.": :;.... CI) .-------- ~ .,.: I~ , 1"1 5/8- IRON PIN W/CAP r STAMPCD ALSPACH PLS 265J ~ - 01 -, .. D DA TE: 9-05-2007 SCALE: f-. 10' ~ (JI .... ...& .... ~I . ~I w ~ ~ g 'i' (JI ~~ ..... -1 -.... ot .. r' 0. -, ...... CI ~ , ClI C. ~ C DN 99-43087 TL 10400 ~ g I I NJ4".f6'OJ-E 0.9S (NJ4'45'E) c..., ~ I~ NJ"'46'OJ-E 1.J" (NJ4'~'~) ~ :z: ~~ ~~ ...10\' ot...... , , ~ ~ REGISTERED PROFESSIONAL LA SURVEYOR .? ~ (JI co ~ Nt ~~ ~OI \ ~ JO.OO - - N J4' 48' OJ. E ---------- -------- FIRST S T R E E T (45') THIS DCHIBIT IS FOR GRAPHIc PURPOsEs eM. ,,; ANY ERRoRs OR OtrIISSIONS ON >>tS IntHBlT SlW.L HOT AFFeCT THE DaD D€SCRIP7JON. ;) PREPARED BYI TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 terrain Ob isp. net EXHmIT "A" Beginning at a point on the southerly line of the lands conveyed by that certain deed recorded as Document Number 99-43087, Official Records, Jackson County, Oregon, said point being distance thereon South 54014'57" East, 2.15 feet from a lead plug and tag stamped LS 759 at the most westerly comer of said iands; then~e leaving said southerly line, North 34046'03" East, 29.15 feet to a point on the southerly line of a 12' wide alley known as Will Dodge Way, from which point a 5/8" iron pin and cap stamped Alspach PLS 2653 at the most northerly comer of said lands bears North 5504 7'27" West, 2.15 feet; thence along said southerly line of said alley, South 55047'27" East, 5.75 feet; thence leaving the southerly line of said alley, South 34046'03" West, 29.31 feet to the southerly line of said lands; thence along the southerly line of said lands, North 54014'57" West, 5.75 feet to the Point of Beginning. Alo'aTEAEO PROFESSIONAL LAND AVE't1 R LA EXHIBIT B Beginning at the intersection of the Northerly line of Main Street in the City of Ashland, Jackson County, Oregon, with the Westerly line of First Street; thence Northeasterly along said Westerly line 120.00 feet; thence North 540 16' West 24.74 feet; thence North 340 45' East 1.34 feet, thence North 550 48' 30" West along the Southerly line of a 12 foot alley 45.00 feet to the true pont of beginning; thence South 34045' West 30.40 feet; thence North 540 16' West 3.00 feet; thence North 340 45' East 30.40 feet; thence South 550 48' 30" East 3.00 feet to the true point of beginning. 6