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Home My WebLink About2011-156 Easement - Small Business Administration Jackson County Official Records 2011-020863 R-E Cn1=1 SHAWBJ 07118/2011 01:12:22 PM $25.00$10.00$5.00$11.00$15.00 Total:$69.00 $3.00 IIIIIIIIIIII II 01489549201100208630050053 IIIIII I IIIIIIIIII II III i,cndatloe walker,county clerk for Jackson drty,Oregon, that the Instrument Idennned herein was recorded in ins Cer certify records. Christine Walker-County Clerk Grantor: Small Business Administration, an Agency of the United States of America Grantee: City of Ashland, Oregon Document to be Returned to: Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 True and Actual Consideration: $1.00 Send Tax Statements to: Not applicable PERMANENT SANITARY SEWER ACCESS EASEMENT 1. Grant of easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee", for the sum of$1.00, a perpetual non-exclusive easement in gross for ingress and egress to sanitary sewer facilities owned by Grantee, said easement is situated 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 Exhibits A and B 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 or plant trees 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 over 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 sanitary sewer 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. 5. Termination. All rights hereunder shall cease if and 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. 7. Runs with Land. All conditions and restrictions contained in this Easement shall run with the land until such time as any condition or restriction is removed by written and recorded amendment executed by City that the condition or restriction is no longer required. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the easement area is and shall be conclusively deemed to have consented and agreed to every condition and restriction contained in this Easement, whether or not any reference to this Easement is contained in the instrument by which such person or entity acquired an interest in the Property. PAGE 1-EASEMENTC:\Documents and Settings\megorman\Local Settings\Temporary Internet Files\Content.Outlook\TORN9RIN\SBA-Creek View Terrace IN WITNESS WHEREOF, this instrument has been executed by the US Small Business t Administration, an agency of the United States of America, at Fresno, California thisx- day of June, 2011. US SMALL BUSINESS A INISTRATION, an Agency of the U.S. Government Ray KujtfAiquidation Chief S� S) Fresno-Loan Servicing Center MEG State of California ) ~pPRO�`� County of ) On before e, pe sonally appeare Kulina and proved to me on the basis satisfactory evidence to b he erson whos ame ' subscribed into the within instrumen nd acknowled d to me that h xecuted the ame in hl authorized capacity, and at by h' signatur G th� nstrument, th en 'ty on be If of which th erson acted executed e i trument. WITNESS my nd d official s I , Signat re of Notary h i° b CITY ACCEPTANCE ORS 93.808 CITY OF ASHLAND Approyq as to For e��' 0041 Az Signature Date M rtha Bennett, City Administrator State of Oregon County of Jackson This instrument was acknowledged before me on J� 2011, by Martha Bennett, City Administrator. OFFICIAL SEAL DIANA R SHIPLET r' NOTARY PUBLIC-OREGON COMMISSION NO. 454135 Notary Public for Oreg(;rf r � MY COMMISSION EXPIRES NOVEMBER 28,2014 My commission expires: AIOWtltLO r c�^� PAGE 2-EASEMENTC:\Documents and Settings\megarman\Loccaal Settings\Temporary Internet Files\Content.Outlook\TORNgR1N1SBA-Creek View Terrace O — t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of YRLafl if1 On_1Z'/)4; a 3 dot before me, LNf C n/ r fiJC Gti//��, n�7lt/7� Pvb14' Date I �� // �/ / ere Insert Name and Title of Ne Oeicer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personKwhose name(S) is/are subscribed to the n instrument and acknowledged to me that xecuted the it nil er/Nieir authorized capacity and that b hi h Ir slgnature(sjon the KATHERINE LYNN MAXWELL instrument the person i or the entity upon behalf of Commission# 1925063 which the person(seacted, executed the instrument. i W Notary Public-California i Fresno County UE My Comm.Expires Mario.2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN SS my ha d Place Notary Seal Above Signal re of Notary Pudic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Plocument _/]/' - Title or Type of Document: .l!/13?7,4111�>��44 i vr) g Document Date: £T 'z 3' °�G� /�/j Number of Pages: Signer(s) Other Than Named Above: f'29 rr/� l!?,5� a--�, Capacity(ies) /Claimed by-Sig/ne�r+(s) Signer's Name: ✓`�'L' �'�% �1"�J'L /T• N�� Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate :Fact cer—Title ❑ Partner—❑ Limited ❑ General ❑ Partner— ited General ❑ Attorney in Fact ❑Attorney in❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian onsery or ❑ Other: ❑Other: Sign e Representing: Signer I epresenting: 02007 National Notary Associations9350 De Soto Ava.,P.O.Box 2402•Chatsvmrth,CA 91313R402,w .NabonalNotaryorg Item#5907 Reorder:Call T011-Free 1-e0087&N27 3 EXHIBIT A TO: City of Ashland DATE: April 15,2011 OWNER: Small Business Administration,an agency of the United States of America Re: Marshal's Deed on Foreclosure—Document No. 86-06740 O.R. (Re:Map 391E04CD Detail 3,Tax Lot 3800) An access easement to provide vehicular ingress and egress to sanitary sewer facilities being more particularly described in Easement No. 1 and Easement No. 2 as follows: Easement No.1: Commencing at the Initial Point of Creek View Terrace,A Planned Unit Development in the City of Ashland,according to the official plat thereof,now of record in Jackson County, Oregon, thence South 63°42'33"East(plat record South 63'42'48"East),along'the south boundary of said development,214.70 feet to the true point of beginning; thence North 63°42'33"West(plat record North 63°42'48"West),along said south boundary, 29.54 feet;thence leaving said south boundary,North 06°14'00"East 107.72 feet;thence North 81°44'40"East 9,07 feet.to"Point A"for future reference in Easement No. 2;thence continue North 88°27'39"East 3.00 feet;thence South 01 019'36"East 121.59 feet to the true point of beginning. Easement No.2: An access easement to sewer facilities being 6.00 foot wide and lying on each side of the following described centerline: Beginning at"Point A"as referenced in Easement No. 1 above;thence North 01'19'36"West 145.24 feet; thence 14.05 feet along the are of a 10.00 foot radius curve to the right(the long chord to which bears North 38°55'34"East 12.92 feet);thence North 79°10'44"East 31.29 feet; thence 10:44 feet along the arc of a 10.00 foot radius curve to the left(the long chord to which bears North 49°15'56"East 9.97 feet)to a point of termination of said described centerline situated on the northeastern boundary of the"Common Area'as shown on the plat and dedication of aforesaid Creek View Terrace, said point of termination being South 30 625'33" East(plat record South 30°25'48"East) 16.21 feet from a found 5/8 inch iron pin with cap marking the northwest comer of said"Common Area". The sideline of said 6.00 foot wide easement are to be shortened or lengthened to begin on the north boundary of described Easement No.I above and to terminate on the northeastern boundary of said"Common Area". Basis of Bearing: County Survey No. 11024 & 16065—North 25 034' 52"East along the monumented centerline of Hehnan Street north of Hersey Street. Richard L.Bath, LS 1069 Director of Surveying LCIFES ION Hardey Engineering&Associates,Inc PROFESSIONAL PO Box 1625 LAND SURVEYOR Medford,OR 97501 541-772-6880 1 Qox JULY Ox 30,1973 RICHARD L BATH No.1069 File:038-15-11(.Peek View AccessEue Nol&Tdac Qtt RENEWS 12/31/- I . EXHIBIT B TL 903 �-c // SNIELSEN JEFFREYS �/ w NIELSEN KIM E /F 354 HELMAN ST ASHLAND ,III N `VV / TL 3700 / l 1 - s.o Y' Fj] EXISTING PARKING LOT TL3800 SMALL BUSINESS ADMIN HERSEY ST R ASHLAND F SFY . N PROJECT OWN BY: BFB Hardey Engineering & ASHLAND CREEK SANITARY SEWER CHK'D BY: RLB Associates, Inc. EASEMENT EXHIBIT DATE: 04/20/11 PROJECT NO. SCALE: 1"=50' P.O. ROX 1625 038-15-11 MEOFORD, OREGON 97501-0083 SHEET ICA& VOICE: 541-772-6880 1 or- 1 FAX: 541-772-9573 ENGINEERING INTEORIN EMAIL; Info®hea—inc.com