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Home My WebLink About2012-122 Easement - Hofford Rev Trust Jackson County Official Records 2012-015731 R-PUE 05/18/2012 02:43:08 PM Cnt=1 ALONZOKM $30.00$10.00$5.00$11.00$15.00 TOtal:$74.00 $3.00 12519920 I 12 515222 5912 211192 992501912 519 01528788201200157310080060' I,Christine Walker,County Clark for Jackson county,Oregon,certify that the Instrument Identined herein was recorded In the Clerk fe{ofda. Christine Walker-County Clerk - Grantor: Leon K. Hofford and Iris J. Hofford, Co-Trustees of the Leon K. Hofford Revocable Trust, U/T/A Dated August 14, 2009, as to an undivided one-half interest as tenants in common, and to Leon K. Hofford and Iris J. Hofford, Co-Trustees of the Iris J. Hofford Revocable Trust, U/T/A Dated August 14, 2009, as to an undivided one-half interest as tenants in common. 2310 Talent Avenue Talent, OR 97540 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 Instrument No. 2009-033211 of the Official Records of Jackson County, Oregon, also denoted as Assessor's Map No. 39 1 E 05 DA, Tax Lot 7500, located in the City of Ashland, Jackson County, Oregon, a more particular description of which 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 Exhibits"B"and "C." 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. EASEMENT Page 1 of 3 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. 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 ITNESS WHEREOF, the parties hereto have subscribed this instrument this day of l� 2092. A R , Leon K Hofford, Trustee Iris J. Ho d, Tru te� STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared the above named Leon K.& Iris J. Hofford, Trustees, and acknowledged the foregoing instrument to be his/her voluntary act and deed. Before me: Nota YYublic��for Oregon My 2� OFFICIAL SEAL My commission expires: ` / LAURIE A MILLER NOTARY PUBLIC•OREGON MY COMMI SON E%P RES A�U RY 203 015 EASEMENT Page 2 of 3 CITY ACCEPTANCE (O S 93.808): CITY OF ASHLAND, G /AN/TEE L w v vt City Administrator, qity 1pf Ashland, Oregon State of Oregon County of Jackson The foregoing instrument was acknowledged before me, thisaWday of 2012, by Dave Kanner as City Administrator for the City of Ashland. OFFICIAL SEAL Notary Public for Oregon KRISTINE BECNTOLD t NOTARY PUBLIC-OREGON M y P commission expires: COMMISSION NO. 463852 MY COMMISSION E%PIRES NOVEMBER 27,2015 EASEMENT Page 3 of 3 EXHIBIT A TRACT A: Beginning a; the northeasterly corner of Lot Five (5) in Block Fourteen (14) of the City of Ashland, Jackson County, Oregon, according to the official 1888 plat thereof, now of record; thence Southeasterly, along the easterly line of said Lot 80.0 feet to the northeasterly comer of Lot 6 in said Block; thence, Westerly, along the northerly line of said Lot 6, a distance of 190.0 feet; thence Northwesterly, parallel with the easterly line of said Lot 5, a distance of 80.0 feet to the northerly line of said Lot; thence Northeasterly, along said northerly line, 190.0 feet to the point of beginning. EXCEPTING THEREFROM any portion lying Southerly of Boundary Line establishcd by Agreement recorded February 4, 1972 as No. 72-01495 of the Official Records of Jackson County, Oregon. (Code 5-1, Account#1-5647-1,Map#391E5DA, Tax Lot#7500) `1 . . L. A IN O O U R V ,E Y I ICI 6 , Lao c �a ]EXHIBIT "B" LEGAL DESCRIPTION— PUBLIC UTILITY EASEMENT LEON K. & IRIS J. HOFFORD REVOCABLE TRUST TRACT ASSESSOR'S MAP NO, 39 1 E 05 DA,Tax Lot 7500 A five(5,00) foot wide strip of land for a Public Utility Easement to the City of Ashland, Oregon for electric distribution proposes, over,across and under Tract A of the land described within Instrument No. 2009-033211 of the Official Records of Jackson County, Oregon, said tract lying situate within the Southeast Quarter of Section 5 in Township 39 South, Range I East of the Willamette Meridian in the City of Ashland,Jackson County,Oregon, more particularly described and bounded as follows, to wit; Commencing at the southeasterly corner of Lot 6, Block 14 of die City of Ashland, according to the Official Map of Ashland adopted by the City Council on November 5, 1888, lying situate in the Southeast Quarter of Section 5 in Township 39 South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon; thence North 15°14'04"West, along the westerly line of North Main Street, a distance of 142.63 feet to the northeasterly comer of Lot 5, Block 14 of said Official Map, the POINT OF BEGINNING; thence South 77°09'39"West, along the northerly line of said Lot 5, a distance of 5.00 feet; thence South 15°14'04" East, being parallel with and 5.00 feet adjacent to said westerly line of North Mahi Street,a distance of 8.21 feet; thence North 74°46'09"East, 5.00 feet to said westerly line; thence North 15914'04"West, 8.00 feet to the POINT OF BEGINNING. Containing 40 square feet,more or less. Prepared by: ShawnKampmann Professional Land Surveyor Polaris Land Surveying LLC P.O. Box 459 Ashland, Oregon 97520 (541)482-5009 Renewal Date: 6/30113 Date: February 24, 2012 S\Sarveys1662-1 IMmer Sheet Dedication-IAmbaix1i Legal.doe P. D. 13 o.e 459, As h 1.nd. Ore San 97520 Phone: (541) 452-5009 Fe x: (.541) 466 -0797 Mobile: (541) 601-3000 wrr i..P o ter i s sor vey. 10 m .Y UlR S E R Y S T R E E T EXFIIBIT 11C" s 76o1'Ja" w - zlats' N q I� I Po —7 LAP I,1� lO LY 0SrTUATE IN 215.56' 113o, 30, I TAX for 2500 SOUTHEAST QUARTER 00%aoNNS, 'p TOWNSREP 39 SOUTH,RANGE 1 EAST, W.M. JACKSON COUNTY,OREGON y FOR TAX LOT 7500 Flo x City OfAsllland Electric Dept. PROPOSED ° 901Vortb Mouarein Avenue POWER EASEMENT I Ashland,Oregon 97520 5.00' 4 S 77'09'39" W - 232.81' 4 API 5 42.65' 190.17' 5 2 2 ' N/ _ 3 (N a 8.2]' 4' '�� TAX LOT 2500 75'14'04" E TAX for 7so0 14 O.R.2009-033211 mA q ~ FAX LOT 7500 5.00' �g vElz L,o N 74'46'09" E o o �/ m NI I 1SV40 � � FE 5 I REGISTERED 190.17' S � PROFESSIONAli N 77'09'39" f - 254.46' J I I LAND SURVEYOR /^b OREGON TAX LOT ]700 I TAX LOT J600 AI ly I y1gWN�pMANN W ) 0 TAX LOT 2500 6]6 30' 1T1 JO' RENEWAL GATE: 6/30/2013 6 N 7709'J9" E - 271.39' — I f,Tj SURVEYED BY: 0 W 7 M E_R S T R E_ E T ° - POLARIS LAND SURVEYING y P.O. BOX UR v N 7709'36" E - 306.62' - ® ASHLAND, OREGON 97520 o [ N 7858' E - 307'J o — (541) 482-5009 DATE: FEBRUARY 24, 2012 seA1s ssor's kop No. 39 1E 05 0.4, Tax L f 7500 —�--i o PROJECT NO. 662-11 POLARIS LAND SURVEYING