HomeMy WebLinkAbout2012-169 Easement - Colwell Loving Trt - Doc 3 Jackson County Official Records 2012-025352
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Grantor's Name and Address: Document #3 1111111111111111111111111111111111111111
Ctty of Ashland
, , y
Clerk for Jackson County,Oregon,certify
20 E. Main Street that the Instrument identified herein was recorded In the Clerk
Ashland, OR 97520 records. Christine Walker-County Clerk
Grantee's Name:
The Colwell Loving Trust
John C. Colwell and Cheryl L. Colwell, Trustees410 N. Main Street Ashland, OR 97520
After Recording Return To:
John C. Colwell and Cheryl L. Colwell,
Trustees of the Colwell Loving Trust
410 N. Main Street Ashland, OR 97520
Unless a change is requested all taxes shall be sent to:
City of Ashland
20 E. Main Street
Ashland, OR 97520
Consideration:
The true consideration for this conveyance is $ zero, however, the actual consideration
consists of or includes other property or value given or promised which is the whole
consideration, the receipt of which is herein acknowledged.
Permanent Access and Use Easement
KNOW ALL MEN BY THESE PRESENTS, that The City of Ashland, hereinafter
referred to as Grantor does hereby grant and convey to the Colwell Loving Trust,
Grantee, its successors and assigns, a perpetual non-exclusive access easement and
an exclusive easement for four(4) parking spaces appurtenant to its lands as identified
as follows:
TRACT A:
Beginning at the Northwesterly corner of Lot 6, Block 12, of the City of Ashland, Jackson County,
Oregon,
according to the Official 1888 Map thereof; thence Northeasterly, along the Northerly line of said
lot, 100.0 feet, to the Northwest corner of tract described in Volume 260, Page 510, Jackson
County, Oregon, Deed Records; thence South 15' 17' East, parallel with the Easterly line of said
lot, 50.0 feet; thence Southwesterly, parallel with the Northerly line of said lot, 100.0 feet, to the
Westerly line thereof; thence North 15° 17'West, along said Westerly line, 50.0 feet, to the point
of beginning.
TRACT B:
Commencing at the Southeasterly corner of Lot 6, Block 12, of the City of Ashland, Jackson
County, Oregon, according to the Official 1888 Map thereof; thence Southwesterly, along the
Southerly line of said lot, 100.0 feet, to the true point of beginning; thence North 150 17'West,
parallel with the Easterly line of said lot, 50,0 feet, to the Southeasterly corner of tract described
in Volume 413, Page 244, Jackson County, Oregon, Deed Records; thence Southwesterly,
parallel with the Northerly line of said lot. 100.0 feet, to the Westerly line thereof; thence South
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Page 13 of 17
15° 17' East, along said Westerly line, 50.0 feet, to the Southwesterly corner of said Lot 6; thence
Northeasterly, along the Southerly line of said lot, 100.0 feet, to the true point of beginning.
This easement grants to Grantee, its, successors, and assigns, the nonexclusive right to
use Grantor's real property described on Exhibit "A" and depicted on Exhibit "B" to
provide access to the Grantee's property described above. Grantor shall have the right
to use the easement area depicted on Exhibit "B" for all purposes not inconsistent with
the uses and purposes of the property and the easement.
This easement also grants to Grantee, its successors, and assigns, the exclusive right to
use four vehicle parking spaces on the Grantor's real property described on Exhibit "A"
and depicted on Exhibit "B", together with the right to repair, maintain and replace, as
needed, said parking spaces.
Grantor covenants and agrees to construct and install on Grantor's property described
on Exhibit "A" and depicted on Exhibit "B" all improvements required for use of Grantor's
said property by Grantee for the purposes set forth above.
This easement is to be maintained by Grantee and shall include reasonable and routine
maintenance of paved surfaces and supporting structures.
The Grantor agrees to maintain the sprinkler system, trees, shrubs and other
landscaping with the exception of mowing and maintaining the grassed areas.
These easements do not convey any right, title or interest to the surface of the soil, nor
any other rights except those expressly stated in this document.
The easements granted herein are appurtenant to the real properties described herein
and shall run with the land..
These easements are granted subject to all prior easements or encumbrances of record.
Grantee hereby agrees to hold and save Grantor harmless from any and all claims of
third parties arising from Grantee's use of the rights granted herein.
IN WITNESS WH REOF, the Grantor bgve named, have hereunto set its hand
and seal on the this `` day of ! 2012.
The City of As nd
Name and Ti e
State of Oregon )
ss.
County of Jackson )
Page 14 of 17
On this 5 day of "be 2012 before me, the undersigned, a
Notary 1P�u�b�lic in and for said , ersonally appeared the within named
gV1_ )_afikjr , who is the the City of Ashland and on the basis
of satisfactory evidence is knrson whose name is subscribed to the
within instrument and acknowledged that he has the authority to execute the same for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year last above written.
OFFICIAL SEAL ry Ublic for Or gon
DIANA R
j S ET
NOTARY PUBLIC-OREGON My Commission Expires:domho/a /
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28,2014
3 Page 15 of 17
EXHIBIT "A"
LEGAL DESCRIPTION-PRIVATE ACCESS & USE EASEMENT
CITY OF ASHLAND TRACT-430 NORTH,MAIN STREET
ASSESSOR'S MAP NO. 39.1E 05 DA,Tax Lot 2700
A tract of fora private access and use easement, over and across that tract of land described
within Instrument No.2005-014773 of the Official Records of Jackson County, Oregon,said tract
lying.situaie within the Southeast Quarter of Section 5,Township 39 South,Range'l East of the
Willamette Median, City of Ashland,Jackson.County, Oregon, more particularly described and
bounded as follows, to wit;
Beginning at'the southwest comer of Lot 5,Block 12 of the 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 74 046'04"East,along the southerly line of said
described Lot 5, a distance of 70.00 feet; thence North 15.°13'52"West, being parallel with the
westerly line of said Lot 5, a distance of 100.00 feet to intersect the northerly I ine of said Lot;
thence South 74°46'04"West,along said described northerly line, a distance of 70.00 feel to the
northwest comer of said Lot 5' thence South 15'13'52"East, 100 .00 feet to`the POINT OF
BEGINNING.
Containing 7000 square feet;more or less.
Prepared by: . 1 f l ? '
Shawn I{anipmann
Professional Land Surveyor
Polaris Land Surveying`LLC
P.O.Box 459
Ashland, Oregon 97520
(541)482-5009
Renewal Date: 6/30/13
Date:May 16,;2012
L� Page 16 of 17
EXHIBIT .
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