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Home My WebLink About2013-267 Easement - Haines Bleecker Ginsburg-Brown Jackson County Official Records 2013-028339 R-E Cnt=1 MORGANSS 08/191201312:48:27 PM $40.00$10.00$8.00$L1.00$15.00 Total:$87.00 $3.00 IIIIIII IIIIIIIIIIIIII IIIIII IIIIIII IIIIIIIIII II III 01593821201300283390080083 I, Christine Welker, County Clerk for Jackson County, Oregon, certify that the instrument to. tl(led herein was recorded In the Clerk records, Christine Walker - County Clerk GRANTOR'S NAME AND ADDRESS: Lloyd M. Haines, et al 96 N. Main Street, Ashland, OR 97520 GRANTEE'S NAME AND ADDRESS: City of Ashland, a Municipal Corporation 20 E. Main Street, Ashland, OR 97520 AFTER RECORDING RETURN TO: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 UNLESS A CHANGE IS REQUESTED, ALL TAXES SHALL BE SENT TO: Grantor PERMANENT BRIDGE EASEMENT 1. Grant of easement. THE GRANTORS, Lloyd M. Haines; Mark S. Haines, and Lezlie Haines, trustees of the Haines Family Trust; Gail R. Bleeker, trustee of the Gail R. Bleecker Trust; and Judith R. Ginsburg-Brown, trustee of the Ginsburg-Brown Loving Trust, their heirs of assigns, for and in consideration, of ten and no/100 dollars ($10.00), the receipt of which is hereby acknowledged and in further consideration of the general public welfare and of the particular and special benefits accrued therefrom, do by these presents grant and convey to,the City of Ashland, a municipal corporation of the State of Oregon, Grantee, for the use of the public, an easement and privilege to construct and maintain a bridge end-wall support structure along, across, and upon the following described real property situated in the City of Ashland, together with the right to enter upon said premises at any time with all necessary men, material, and equipment for the purposes of constructing, inspecting, repairing, and maintaining the same to wit: See exhibit 'A' and 'B' attached hereto and incorporated by reference and made part of this document as though fully incorporated herein. 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 this easement, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of Grantee. 3. Notice. Grantee, its agents, independent contractors and invites shall, upon each occasion that such bridge end-wall.is constructed, maintained, inspected, repaired, reconstructed, or removed, provide grantors reasonable notice and shall restore the premises of the Grantors as near to its original condition as.practicable. 4. Indemnification. 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 G:\pub-wrks\eng\12-02 N Main St Sidewalk Repair\13_Eng4SurveyTermanent Bridge Easement 1 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. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for the specified purpose. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. IN ~WITNESS WHEREOF the rantors have hereunto set their hands on this day of 2013. l Lloyd M. Haines State of Oregon ) County of Jackson ) This instrument was acknowledged before me on 2013 by Lloyd M. Haines. oJAN M KIRK Nota P blic for Oregon NOTARY PUOLIC-OREGON - COMMISSIONN0.439432 My commission expires: ZIMAVL5 G:\pub-wrks\eng\12-02 N Main St Sidewalk Repair\B_Eng\Survey\Permanent Bridge Easement 2 Q'yrLQ,O Mark .-Haines, trustee li es, trust ' Haines Family Trust Haines amity Trust State of California ) ) County of San Diego ) This instrument was acknowledged before me on 4:2rv L 2013 by Mark S. Haines and Lezlie Haines as trustees of the Haines Fa lly Trust. . RAYMOND S. UPfLE ConmissimNo.1922946 Notary Public for California y NOTARY PUBUC-CALIFORNIA SAN OIE00 COUNTY i i urcam F, Ly2s,2o1s My commission expires: Z3 ~Zo/ S G:\pub-wrks\eng\12-02 N Main St Sidewalk Repair\B_EnglSuwey\Permanent Bridge Easement 3 Gail R. Bleecker, trustee Gail,R. Bleecker Trust INDI MY COMMISSION N EE 102599 zrE • EXPIRES: June 73, 2075 - State of Florida eoneetl Thn, Nday Public undemliWs County of Palm Beach) This instrument was acknowledged before me on 2°d L l 2013 by Gail R. Bleecker as trustee of the Gail R. Bleecker Trust. ofary Public for Florida , My commission expires: :LAC 13 ols GlputiwrkMeng\12-02 N Main St Sidewalk Repair\B_Eng\Survey\Permanent Bridge Easement - - 4 6cs~ ~E~~u'` Ju R. Ginsburg-Brown, trustee GI sburg-Brown Loving Trust State of Oregon ) County of Jackson ) This instrument was acknowledged before me on , ti - 2013 by Judith R. Ginsburg-Brown as trustee of the Ginsburg-Brow Lo g Trust. OFFICIAL SEAL NOTARY P,UBLIC-OREGON Notary Pu is or Ore on COMMISSION NO. 439432 MY COMMISSION EXPIRES JULY 12 2013 My commission expires: Z 41 G1pub-wr1ks\eng\12-02 N Main St Sidewalk Repair\B_Eng\Survey\Permanent Bridge Easement 5 CITY ACCEPTANCE (ORS 93.808): CITY OF ASH D, GRANTEE Dave Kanner, ity Administrator, City of Ashland, Oregon State of Oregon County of Jackson The foregoing instrument was acknowledged before me, this day of t, 2013, by Dave Kanner as City Administrator for the City of Ashland. J OFFICIAL SEAL DIANA R SHIPLET NOTARY PUBLIC-OREGON Notary Public for e n 'COMMISSION NO. 454135 9 MY COMMISSION EXPIRES NOVEMBER 28, 2014 / My commission expires: AIdrCe~✓ 2017' s G:tpub-wrks\engX12-02 N Main St Sidewalk RepairlB_Eng\Survey\Pe maanent Bridge Easement 6 ~JC EXIMIT `A' A permanent bridge easement over and through the following described tract: BEGINNING AT the southwest corner of that tract described in Instrument Number 90-13239 of the Official records of Jackson County, Oregon, located in the Northwest Quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian, in the City of Ashland, Jackson County, Oregon, said corner also being a point on the northeasterly right of way line of Main Street; thence North 32°30' East, along the southerly line of said tract, a distance of 3.39 feet, to a point 3.00 feet northeasterly of, when measured at right angles to said northeasterly right of way line; thence leaving said southerly line, North 29°50' West, 3.00 feet northeasterly of and parallel to said right of way line, a distance of 39.72 feet, to a point on the southerly face of an existing building; thence south 60°10' West, along said southerly face and its southwesterly extension, a distance of 3.00 feet, to a point on said right of way line; thence South 29°50' East, along said right of way line, a distance of 41.29 feet, to the POINT OF BEGINNING. REGISTERED Prepared by: PROFESSIONAL Terrasucvey, Inc. LAND SURVEYOR 274 Fourth Street Ashland, Oregon 97520 O R E G O N JULY 12, 2005 FRED A. FRANTZ No.50077 Renewal / Z - 3 r - 13 I EXHIBIT B BRIDGE EASEMENT SKETCH LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 SOUTH, RANGE 1 EAST, IN THE CITY OF ASHLAND, JACKSON LOT 4 COUNTY, OREGON. LOT 3 EXISTING WALL LINE 5 6~% oInst.No. 90-13239 3.00' Z Np. t? tS N .p O. a p~ ' O ~J .D, •N N. o= O_ O. lp_ O 3.39' :F. . Inst.No. ~~_A 77-13311 DATE: 03-05-12 SCALE 1"= 20' - REGISTERED PREPARED BY PROFESSIONAL TE RRASURVE Y, INC. LAND SURVEYOR -PROFESSIONAL LAND SURVEYORS" 274 FOURTH STREET' DRECioN JULY a 2W5 ASHLAND,'OREGON 97520 FRED A. FRANTZ (541) 482-6474 No, 50077 terrain@bisp.net ' Renewal 12-31-13 JOB NO. A256-12 V