HomeMy WebLinkAbout2012-105 Easement - Facey Trust & Johnston Trust •` Jackson County Official Records 2012-018095
Cnt=l MORGANSS 06/0712012 03:39:47 PM
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$20.00$10.00$5.00$11.00$15.00 Total:$64.00
$3.00
II I I II IIII I IIII 11 0153144520120018095004004 1 1 1I II
I,Christine walker,County Clerk far Jaskaan County,Oropon,seRlfy
that the Instrument Identified herein was recortletl In the Clark
retard.. Christine Walker-County Clerk
Grantor: Gretchen Lee,Trustee of the Gretchen Facey Trust
Sherry Johnston, Trustee of the Sherry T. Johnson Trust
Gretchen Lee, Personally
Andrew Gibson, Personally
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
PUBLIC UTILITY EASEMENT
1. 'Grantor owns property described as Tract A within Instrum6m-No. 2009-033211 of the Official
Records of Jackson County,Oregon, also'denoted as Assessor's'Map No. 39.1 E23 BA,-Tax Lot 400,
located in the City of Ashland, Jackson County; Oregon,a more particular'descriptionrofwhich,is attached
hereto as Exhibit"A".
2. Grantor grants and conveys to Grantee,for the sum of$1.00, a perpetual, nonexclusive
easement to construct, reconstruct, install, use,operate, inspect, repair, maintain and remove public
utilities on the 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 Attached Exhibit"B".
3. Grantee, it's agents, independent contractors and invitees shall have the right of ingress and
egress to the Easement Area for the purposes connected with this easement. Grantee shall repair to the
extent practicable any damage to Grantor's premises,and any improvements thereon, resulting from
Grantee's work on the premises.
4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area.
5. Grantor shall have the right to use the Easement Area for all purposes not inconsistent with uses
and purposes of the property and the easement, provided that Grantor shall not build or place any -
structures or plant trees upon the Easement Area without the prior written consent of Grantee.
6.' The easement granted herein is appurtenant to the real properties described herein. It is the
intent of the Parties that the easement granted herein shall run with the land. The easement granted
herein shall be binding upon and inure to the benefit of the parties hereto, and.their:successors and
assigns.
EASEMENT
Page 1 of 4
7. This easement is granted subject to all prior easements or encumbrances of record.
8. To the extent permitted by the Oregon Constitution;the City's charter,and within the limits of the
Oregon Tort Claims Act,the City shall defend and indemnify Grantor against any liability for damage to
life or property arising from the public's use of the easement under this agreement. The City shall not be
required to indemnify Grantor for any such liability arising out of wrongful acts of the Grantor or the
employees or agents of the Grantor.
9. In case of suit, action or proceeding to enforce any rights or conditions of this contract or appeal
from said suit, action or proceeding, it is mutually agreed that the losing party in such suit, action,
proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as
set by the court hearing such suit, action, proceeding or appeal.
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of
2012.
GRANTORS: GRE EN LTRgUS ByQ�—/
Gretchen Lee,Trustee
SHERRYIT. JOH I
By:
h
J6KInston, Trustee
Gret n Lee, Personally
n rew Gibson, Personally
1
GRANTEE: TY F SHLAND
By' c
Its: C.�l/ AO HI 5'E-2 M��K
i� � 8 6B tO}OflTI
EASEMENT
Page 2 of 4
STATE OF OREGON )
)ss: , 2012
County of Jackson ) If
Personally appeared the above named Gretchen L ;Trustee of th etchen Facey Trust,and
acknowledged the foregoing instrument to be h act and deed.
:L.a
Before mewi-sL(..,"Jm"t`
ub' Oregon
ommi s' h expires:
OFFICIAL SEAL
LAURA L. SMITH
NOTARY PUBLIC-ORBOON
COMMISSION NO. 434891
MY COMMISSION EXPIRES JAN. 10,2013
STATE OF OREGON )
ss: a '2012
County of Jackson ) /J
Personally appeared the above named Sherry Johnsto ,� rustee of the S ky'T. Johnston Trust,
and ackig—ff the foregoing inst`rumentt t/o b h pact and de dW'&5,n1 l h Not u li r ego mmissio expires: G6 "FFICIAL SEAL URA L. SMITH Y PUSUC-OReGON ISSION
N0. 434891 EXPM JAN. 10.2013
STATE OF OREGON )
)ss 2012
County of Jackson )
Personally appeared the above named Gretchen Lee"p5ftonally, and acknov!tedged the
foregoing instrument to be her voluntary act and deed.
Before me:�((({ S,Tl l
i
A ublicforJ rir on
cq mission 4cbires:
OFFICIAL SEAL
LAURA L. SMITH
NOTARY PUBLIC-OREGON
MY COMMISSION COMMISSION EXPS JAN49
IRE 10,2013
EASEMENT
Page 3 of 4 _
STATE OF OREGON ) yt a, - , //
�iU.(,�. .i_. _ )ss � ^�"l/� 1y ,2012
County of Jeer rkd '�TVY� )
Personally appeared the above named Andrew Gibson, personally,and acknowledged the
foregoing instrument to be his voluntary act and deed.Before me: M areA �' W hAG 2��_
egon I
OFFICIAL SEAL My commission expires:
MARCI OVERSON WHITE
NOTARY PUBLIC•OREGON
COMMISSION NO. 464459
MY COMMISSION EXPIRES DECEMBER 26,2015
STATE OF OREGON ) O 2012
)ss:
County of Jackson )
,Perso I appe reds kQf1{l.�F� ,who, being duly swum,did sa)G/she
is for the City of Ashland, Oregon, and that said instrument was signed
in behalfy said city amend acknowledgled said instr/u�/ t to be its'v�oI a act and deed.
Before me: /IQp�I K. Snir L� )°�
Public Tor reg L '/
My commission expires: OVrnl�ev o2 020 7-
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON _
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28,2014
CITY ACCEPTANCE(ORS 93.808):
CITY OF ASHLAND;GRANTEE
City Administrator,City of Ashland, Oregon
State of Oregon
County of Jackson
The foregoing instrument was acknowledged before me,this day of 2012, by Dave
Kanner as City Administrator for the City of Ashland.
OFFICIAL SEAL
DIANA R SHIPLET Notary Public for Oreg n
a NOTARY PUBLIC-OREGON J ��T
1 COmMISS1ON NO. 454135 My commission expires:
EXPIRES NOVEMBER 28,2014
EASEMENT
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