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HomeMy WebLinkAbout1996-143 Easement - GonzalesCITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION,, (541) 488.5587 ENGINEERING: (541) 488-5347 September 3, 1996 Mr. John Gonzales 1775 Happy Camp Road CAVE JUNCTION OR 97523 Re: Easement for Storm Drain Dear John: CITY HALL 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 4885008 Enclosed for your files is a copy of the recorded storm drain easement which you signed on August 12, 1996. Also enclosed is a check in the amount of $500.00 for consideration for the easement as specified in the document. Thank you very much for your cooperation in this matter. Sincerely, es H. Olson Assistant City Engineer cc: Susan Wilson Broadus Barbara Christensen ENDOR NO. 900720 08/16/96 INV.DATE. INV. NO. ACCOUNT _ DESGRIPTION AMOUNT 08/15/96 PO 14912 260-51-620750 STORM DRAIN EASEMENT 500.00 J Ti#1g of As4tanb 900720 50517 08/16/96 500.00 ASHLAND, OREGON 97520 vEFIRSTNDOR a STATE BANK OF CHECK NO. OREGON CHECK DATE AMOUNT [ O [ '] OF ASy? Subsldary of U.S. Bancorp 96-651 709 •,qy ?1tL? l if 711 S. ELM, CANBY, OR 97013 1232 ., Tug I ti O In connection with U.S.BANK OF OREGON - ASHLAND BRANCH CITY HALL CHECK AMOUNT ASHLAND, OREGON 97520 DATE OR E G Ott 541/482.3211 08/ 16/96 PAY ********500 D O L L A R S AND NO G E N T S? TO GONZOLES, JOHN CAMP RD 1775 HAPPY CAVE JUNCTION + OR ?. c "'s;- o?\??\ 9-1523- II'OSOSOul G123206SID: 709 0 202 .71911'. CHECK 0;33 FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: Storm drain easement NAME OF PARTIES: Grantor: Jon Gonzales, 1775 Happy Camp Rd., Cave Junction, OR 97523 Grantee: City of Ashland Oregon DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder, 20 East Main Ashland OR 97520 TRUE AND ACTUAL CONSIDERATION: $500.00 UNTIL A CHANGE IS REQUESTED, SEND Not applicable TAX STATEMENTS TO: PERMANENT STORM DRAIN EASEMENT FOR CITY OF ASHLAND (WITH TEMPORARY CONSTRUCTION EASEMENT) 1. Grant of easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove aid replace storm drain facilities on real,property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon and is described on the attached Exhibit A. In addition, Grantor grants to Grantee a construction easement as described on the attached Exhibit B for construction and installation of the storm dra'..i facilities. This construction easement shall terminate upon completion of the construction and installation but no later than five (5) years from the date of this inst. ument. 2. Use of surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of Grantee. t Rsn .+n ^? i+ ..non n ncn?ant +r+rn r?r$nr 3. ?::,;.?ss a ?o _?;..,, , ,.., C..•..•msr• • C: .`.c?, . ? _ , ± , i?d4, . _.. _ _ ? . s en 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 utility facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantor reasonable notice and restore the premises of the Grantor, and any buildings or improvements disturbed by Grantee, as near as practicable. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. PAGE 1-(c:eftkmlaw=aA\gcnz ow.Ew) 9b-2'7885 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTOR: O, onZ 8S State of Oregon, County of This instrument was acknowledged before me.-on.., 1996, by Jon Gonzales. N-615?qu"korE(gun My commission expire . OFFICIAL SEAL PAhIA LA E NOTARY PUBLIC OJ;' COMMISSION NO. G, ,..,.':. MY COMMISSION EXPIRES. PAGE 2-(e:ao?ioeerleaaemeatljao?eo.c.E..) 96-12.7885 EXHIBIT 'A' S T O R M D R A I N E A S E M E N T over, across and through a strip of land 10.0 feet in width, lying 5.0 feet on each side of, when measure normal therefrom, the following described centerline: Commencing at the Northwest corner of Donation Land Claim No. 45, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon; THENCE South 00 degrees 06 minutes 22 seconds West along the West line of said Donation Land Claim for a distance of 318.005 feet to a point; THENCE leaving said claim line, North 52 degrees 16 minutes 35 seconds West for a distance of 0.775 of a foot to a point in the Northerly right of way line of East Main Street for the TRUE POINT OF BEGINNING; THENCE continuing North 52 degrees 16 minutes 35 seconds West for a distance of 79.265 feet to a point which is the terminus of this easement. Extend and/or Shorten the Southwesterly easement line to close upon the Northwesterly right of way line of East Main Street, as required. Extend and/or Shorten the Northeasterly easement line to close upon the West boundary line of Donation Land Claim No. 45, said Township and Range, as required. ALSO INCLUDING, additional easements sufficient to maintain and repair the side slopes and embankments for said storm drain ditch, as required. EXHIBIT 'B' ALSO INCLUDING, temporary construction easements over and across strips of land 5 feet in width, when measured normal therefrom, the centerline of said ditch as set forth hereinabove, said strips of land are situated Northeasterly and Southwesterly of and contiguous to, the Northeasterly and Southwesterly easement lines of the Storm Drain Easement as set forth hereinabove. Extend and/or Shorten the side lines of said temporary easements to close upon the Northwesterly right of way line of East Main Street and upon the West boundary line of Donation Land Claim No. 45, said Township and Range, as required. GRANTOR: GRANTEE: City of 20 East Ashland, Ashland Main Street Oregon 97520 JO&Wn County, OrOWn Recorded OFFICIAL RECORDS $u9 2 0 1996 ? /41 V ref: FrdSDE. doc,,S,,/= County Clark August 6, 1996 R 9 G I S T E R E D PROFESSIONAL D e , ,kN oR@°*9-ON JULY R, 1966 EVERETIr L. SbNAiN Surveyor's Registration Renewal Date: June 30, 1998 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488.5587 ENGINEERING: (541) 488-5347 CITY HALL 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 488-6006 TO: Barbara Christensen DATE 08/14/% PROJECT E. Main Street Improvement JOB NO. 95-10 SUBJECT Storm Drain Easement 1. Original easement for storm drain purposes on Fordyce Creek from John Gonzales. 2. Request for check for $500.00 for consideration for easement. ENCLOSED X UNDER SEPARATE COVER REMARKS: If you will return the check and recorded easement copy to me I will forward both to Mr. Gonzales. COPIES TO: Susan Wilson Broadus Jerry Glossop Department of Public Works Engineering Division By: James H. Olson Title: Asst. City Engin (CAeVgiH NA0U A.5m