HomeMy WebLinkAbout2013-320 Easement - Nicholson
Jackson county Official Records 2013-034957
R-E 10/0812013 01:18:69 PM
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$25.00$10.00$8.00$11.OOS15.00 Total:$72.00
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01601375201300349570050054
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the Instrument IJentl(Ua herein was recorded in the Clerk
records. . Christine Walker - County Clerk
GRANT OF PERMANENT UTILITIES EASEMENT
TO CITY OF ASHLAND
GRANTOR: Paul Nicholson
Cathy L. Hinze Nicholson
465 Prather Street
Ashland, Oregon 97520
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
1. Grantor owns property located in the City of Ashland, Jackson County, Oregon and known
as Tax Lot 1404, 465 Prather Street, and Assessor's Map No. 39 1E 05.
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, remove
and replace public utility facilities, including lines for electricity, gas, and telecommunications
on 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 "A" and "B".
3. Grantee, its 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.
GRANT OF PERMANENT UTILITIES EASEMENT Page 1 '
TO CITY OF ASHLAND
4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement
Area.
5. This easement does not convey any right, title or interest to the surface of the soil, nor any
other rights except those expressly stated in this easement agreement. 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 the
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.
7. This easement is granted subject to all prior easements or encumbrances of record.
8. 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.
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 ITWS WHEREOF, the parties hereto have subscribed this instrument this day
of NL l , 2013.
GRANTOR: GRANTEE:
1~t Uln9'~✓' By:
Paul Nicholson Dave Kanner, Ci y dministrator
City of Ashland
Cathy A. Hinze Nicholson A OVE A 0 FORM
n~-
OPFICIAI ~e
6- 13
81..E K B
PURL Date
GRANT OF PERMANENT UTILITIES EASEMENT Page 2
TO CITY OF ASHLAND
STATE OF OREGON )
)SS.
County of Jackson )
The foregoing instrurrTiR~nt was acknowledged before me on JXot 2013 by
d- -VO_ .j~ `~'Lc c~ o ise~
who, being ly sworn, did say that signature of said instrument was their voluntary act and
deed.
SEAL - ~OFFICIAL
)SWELL BILLIE K BOSWELL
C-OREGON t., 1NO ARY PUBLIC-OREGON
JO. 477034 e0k4A41.SS10N NO. 477034 Notary Public for Oregon
ES APRIL 04, 2017 _ _ _ idY @OkM1S .i14 EkPIRES APRIL 04, 2017 My commission expires: 4 - - "e3V 7
CITY ACCEPTANCE (ORS 93.808):
STATE OF OREGON )
) SS.
County of Jackson )
The foregoing instrument was acknowledged before me on 2013, by
Dave Kanner, who, being duly sworn, did say that he is City ministrator for the City of
Ashland, Oregon, and that said instrument was signed in behalf of said city and
acknowledged said instrument to be its voluntary act and deed.
OFFICIAL SEAL
DIANA R SHIPLET Notary Public for Ore
NOTARY PUBLIC-OREGON g
COMMISSION NO. 454135 My commission expires: Owl
MY COMMISSION EXPIRES NOVEMBER 2B, 2014
GRANT OF PERMANENT UTILITIES EASEMENT Page 3
TO CITY OF ASHLAND
3
t"~t6[ ;~i t tl LAND J' URVEY/NG, LLC
>t
EXHIBIT "A"
LEGAL DESCRIPTION - POWER LINE EASEMENT
PAUL & CATHY HINZE NICHOLSON - 465 PRATHER STREET
ASSESSOR'S MAP NO. 39 lE 05, TAX LOT 1404
A strip of land being 10.00 foot in width, over and across that tract of land described
within Instrument No. 2007-042194 of the Official Records in Jackson County, Oregon,
said tract being Parcel 2 of Partition Plat No. P-38-2005, recorded June 24, 2005 in the
Partition Plat Records of said County, more particularly described and bounded as
follows, to wit:
Beginning at a 5/8" iron pin at the southeast corner of Parcel 2, Partition Plat No. P-38-
2005 of the Partition Plat Records in Jackson County, Oregon, lying situate within the
Southwest Quarter of Section 5, Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon; thence North 00'33'20" West, along the east line
of said Parcel 2, a distance of 10.00 feet; thence North 89°59'56" West, parallel with and
10.00 feet adjacent to the south line of said Parcel 2, a distance of 30.00 feet; thence
South 00°33'20" East, parallel with said east line of Parcel 2, a distance of 10.00 feet to
said south line of said Parcel 2; thence South 89°59'56" East, along said south line, a
distance of 30.00 feet to the Point of Beginning.
Containing 300 square feet, more or less.
Prepared by:
Shawn Kampmann C_._.-..-..:....__
Professional Land Surveyor J lam. -
Polaris Land Surveying LLC
P.O. Box 459
Ashland, Oregon 97520`
RENEWAL DATE: 6/30/13
Date: May 22, 2013
SAsmveys\795-13\Nicho1son Power Easement Legal.doex
P. 0. Box 459, Ashland, Oregon 97520 Phone: (541) 462-5009 a Fax: (541) 400.0797
` Mobile: (541) 601-3000 :r www.Polarlnourvoy.oom
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