City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives 2001-2013 / Year 2003 / 07/15 / Delsman Easement

Delsman Easement

[Council Communication]  [Attachments]

Council Communication

Title: Approval of Easement Agreement for Delsmans= Irrigation Access to Ashland Flume
Dept: Legal Department
Date: July 15, 2003
Submitted By: Paul Nolte
Approved By:
Gino Grimaldi, City Administrator

Synopsis: This easement grants to Joseph and Elaine Delsman an easement to access the Ashland flume (which is now piped) near where it crosses Nevada Street adjacent to Ashland Creek (see parcel 3 on the attached map). The Delsmans currently have a similar easement across parcel 2 that needs to be released by the Delsmans so that the City can convey clear title to Richard and Sharon Preskenis who are in the process of buying parcel 2 from the City.
Recommendation: Adopt a motion to approve the easement and authorize the Mayor to sign the easement on behalf of the City. The council should direct staff to record and deliver the easement document when the Delsmans have signed a quitclaim deed releasing the easement on parcel 2. (The quitclaim deed is attached for your convenience.)
Fiscal Impact: There is no direct fiscal impact. When the easement has been removed from parcel 2, the sale to the Preskenises can close, and the City can receive the purchase price paid for parcel 2.
Background: In November of 2002 the City of Ashland, though its Parks and Recreation Department, agreed to purchase 2.27 acres of property owned by Florence Keener on tax lot 391E4BD 1901 located on the south side of Nevada Street adjacent to Ashland Creek.

The property was then partitioned into three separate lots (see attached land partition survey). Mrs. Keener retained parcel # 1, with 0.18 acres, as her residence. Parcel #3 containing 2.03 acres was deeded to the City for parks open space. The remaining Parcel #2, with 0.24 acres, is in the process of being sold to Richard and Sharon Preskenis.

The title report and survey disclosed a 1909 easement which crosses this lot. The easement was to provide access to an irrigation flume and diversion dam, which is located on Parcel #3. The partition plat created a new access easement located entirely on Parcel #3. The easement on Parcel #2 is no longer necessary and severely restricts the development of that lot.

The council at its May 20th meeting approved a quitclaim of any interest the City may have had in this easement across parcel 2. Moving the easement from parcel 2 to parcel 3 through the exchange of the Delsman easement for the Delsman quitclaim deed will finally clear parcel 2 for sale.

Attached Easement Agremeent, QuitClaim Deed and Map

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