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HomeMy WebLinkAbout2014-004 Easement - IPCO Development Jackson Ciuntyotiicial Records 2014-001154 R-E 01/1 7/201 4 11:20:27AM Cnt=1 HELMANCD $25.00$10.00$8.00$11.00$20.00 TOtal:$77.00 $3.00 I VIII III I III IIIII III 1 VII I j 01612207 7420140000101154 1540050057 I, Christine Walker, County Clerk for Jackson County, Oregon, certify That the Instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk GRANT OF PERMANENT UTILITIES EASEMENT TO CITY OF ASHLAND GRANTOR: IPCO Development Corporation, a California Corporation 640 Tolman Creek Road 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 Lots 601 and 700 of Assessor's Map No. 39 1 E 14BA, being more particularly as Parcel 1 and Parcel 4 of partition plat recorded October 11, 2002 as Partition Plat No. P-61-2002 of the Records of Partition Plats in Jackson County, Oregon and is on file in the Office of the Jackson County Surveyor as No. 17514. 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 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. 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 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 the 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 the 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 t 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 WITNESS WHEROF, the parties hereto have subscribed this Instrument this 1-74- day of 7014 twv- 2014 GRANTOR: GRANTEE: BvZ' ch rombacher, President Dave Kanner, City') ministrator I Development Corporation City of Ashland STATE OF OREGON ) )SS. County of Jackson ) The foregoing instrument was acknowledged before me on / 6 2014 By Zach Brombacher, President, on behalf of IPCO Devel pment C poration, a' California corporation, who being duly sworn, did say that signature of said instrument was his voluntary act and deed. OFFICIAL SEAL JEANETTE ANN HUTCHINSON NOTARY PUBLIC - OREGON COMMISSION NO. 462462 Wary Public for Oregon MY COMMISSION EXPIRES OCTOBER 06, 2015 My commission expires: /O •(o •.(D/S CITY ACCEPTANCE (ORS. 93.808): STATE OF OREGON ) )SS. County of Jackson ) The foregoing instrument was acknowledged before me on/ ~a ,2014 by Dave Kanner, who being duly sworn, did say that he is Ity Admil strator 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. &Ze~ 4&bjeaz Notary Public or Oregon My commission expires: 3 ob/S =PUBLIC-OREGON ENOTARY ON 033 13,1015 EXHIBIT A PUBLIC UTILITY EASEMENT A strip of land, 10.00 feet in width, lying 5.00 feet on each side of the following described centerline: Commencing at the Southeast corner of Parcel 1 of land partition filed for record October 11, 2002 and recorded as Partition Plat No. P-61-2002 of the Records of Partition Plats in Jackson County, Oregon and is on file in the office of the Jackson County Surveyor as No. 17514; thence along the southerly boundary of said Parcel 1, North 55°11'24" West 556.27 feet; thence leaving said southerly boundary, North 34°48'36" East 13.42 feet to the POINT OF BEGINNING; thence South 57°38'05" East 337.54 feet; thence North 33°00'28" East 83.83 feet; thence North 30°15'18" East 48.00 feet to the point of terminus. 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