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Home My WebLink About2014-204 Easement - Sacks Bingham OSF Jackson County Official Records 2014-019233 R-E Cnt=1 SHiNGLJS 0712612014 09:46:57 AM Cnt $3o oo $10 00 $8 00 $11.00 $20 00 Total:$82.00 $3.00 I 01632999201400192330060066 Christine Walker, County Clerk for Jackson County, Cregon, certify that the instrument identified herein was recorded in the Clerk records Christine Walker -County Clerk PRIVATE ACCESS EASEMENT Grantor. City of Ashland 20 E. Main Street Ashland, OR 97520 Grantee: Stephen Sacks, Michael Bingham, & Oregon Shakespeare Festival Association Document to be Returned to: Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 True and Actual Consideration: None Send Tax Statements to: Not applicable 1. Grantor owns property described as Assessors Map No. 391 E 09BB, Tax Lot 14700, located in the City of Ashland, Jackson County, Oregon. 2. Grantor grants and conveys to Grantee, a perpetual, nonexclusive easement for the purpose of Access over 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 "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, 4. 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 structures or plant trees upon the Easement Area without the prior written consent of Grantee. 5. 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. EASEMENT Page 1 of 4 G:lpub-wrkslengldept adminlENGINEERIEASEMEN11391E 09BB 14700 Oregon Shakespeare Festival Private Access docx 6. This easement is granted subject to all prior easements or encumbrances of record. 7. 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. 8. 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 WIT E S WHEREOF, the parties hereto have subscribed this instrument this day of (A IA , 2014. APP -D A3 TO FORM GRANTOR: Ashler sLr ityAttom~ey CITY ACCEPTANCE (ORS 93.808): Data - CITY OF ASHLAND, PRANTOR By: Dave Kanner, it Administrator STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared the above named Dave Kanner, City Administrator for the City of Ashland, Oregon, and that said instrument was signed on behalf of said City and acknowledged said instrument to be its voluntary act and deed. 11 This instrument was acknowledged before me on t , 2014, byi V~ karlhk.✓ OFFICIAL SEAL 75~~ DIANA R SHIPLET Notary Public for Oregon ti NOTARY PUBLIC-OREGON My commission expires: vembw- COMMISSION NO. 454135 MY COMMISSION EXPIRES NOVEMBER 28, 2014 EASEMENT Page 2 of 4 G:Ipub-wrkslengldept-adminlENGINEERIEASEMENT1391 E 09BB 14700 Oregon Shakespeare Festival Private Accoss.docx GRANT Step a acks State of Oregon ) ) ss. County of Jackson ) Personally appeared the above named Stephen Sacks and acknowledged the foregoing instrument to be his voluntary act and deed. This instrument was acknowledged before me on 2014, ell, by AtepAn, -SUC Persona1v appeared the tary Public for Oregon LMy Commission expires: OFFICIAL SEAL JOAN CHRISTOPHER r NOTARY PUBLIC-OREGON COMMISSION NO. 450965 MY COMMISSION EXPIRES SEPTEMBER 17,1014 GRAN r" i a I &6t) State of Oregon ) ) ss. County of Jackson ) Personally appeared the above named Michael Bingham and acknowledged the foregoing instrument to be his voluntary act and deed. This instrument was acknowledged before me on , 2014, by SEAL TOPHER -OREGON otary Public for Oregon aR O. 450965 TEMBER 17, 2014 y Commission expires: 1EM: : EASEMENT Page 3 of 4 G:1pub-wrkslengldept-adminlENGINEERIEASEMENT139 I E 09BB 14700 Oregon Shakespeare Festival Private Access.docx Cy t is Rider, Executive Director Or g n Shakespeare Festival Association State of Oregon ) ) SS. County of Jackson ) Personally appeared the above named Cynthia Rider, Executive Director Oregon Shakespeare Festival Association and acknowledged the foregoing instrument to be his voluntary act and deed. This instrument was acknowledged before me on , 2014, by AL Aoa-W-Piublic for egon K: ORtdN My Commission expires: 472578 BER EASEMENT Page 4 of 4 G:Ipub-wr kslengldept-adminlENGINEERIEASEMENTU91E 09BB 14700 Oregon Shakespeare Festival Private Access.docx a , LANG J' URVEYING, LLC EXHIBIT "A" LEGAL DESCRIPTION PRIVATE ACCESS EASEMENT PIONEER BUILDING - 38 EAST MAIN STREET, ASHLAND, OREGON ASSESSOR'S MAP NO. 39 1 E 09 BB, Tax Lot 14600 A variable width strip of land for a Private Access Easement, over and across that tract of land described within Volume 115, Page 97 of the Deed Records in Jackson County, Oregon, for the benefit of that tract of land described within Instrument No. 94-01091 of the Official Records in said County, lying situate within the Northwest Quarter of Section 9 in Township 39 South, Range 1 East of the Willamette Meridian, City of Ashland, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at a nail and brass washer at the southwest corner of Lot 1, Block 2 of the city of Ashland, Jackson County, Oregon, as designated on the Official Map of Ashland adopted by the City Council on November 5, 1888; thence along the southerly line of that Boundary Line Agreement described within Instrument No. 95-03447 of the Official Records in said County, the following courses: South 26°11'41" West, 2.68 feet; thence South 69°24'46" East, 23.16 feet to a nail and brass washer; thence North 81°31'57" East, 12.48 feet to the POINT OF BEGINNING; thence continuing North 81 °31'57" East, along said southerly line, a distance of 14.96 feet; thence South 20°25'34" West, leaving said southerly line, a distance of 7.23 feet; thence North 69°34'26" West, 13.10 feet to the POINT OF BEGINNING. Containing 47 square feet, more or less. Prepared by: G I ST E R E D FESSIONAL Shawn Kampmann ELAP:N'D w U RVE Y O R Professional Land Surveyor Polaris Land Surveying LLC C7-$HN=4 REGO,V`~"" P.O. BOX 459 Y 14, 1996 Ashland, Oregon 97520 2883s1`4A~ (541) 482-5009 Renewal Date: 6/30!15 Date: March 6, 2014 S:,survcys"529-0g\Pioncer Building Access Easement LcgaLdocx P. 0. Box 459. Ashland. Oregon 97520 Phone (541) 462-5009 Fax (541) 488-0797 Mobile: (541) 601-3000 www poiarissurvey com 5 U 3 C) y^~ N a o W~ o N I z o m T r4 a z < ~ ~ ~ co w ~ I[3~j g 11 f40p p~a m ~x N W h ly ` ONGW" 4~7T Q 41 ' a~ mw 0 04 W O (n N h~o H W V) U ay 0 Q 0 0 ~o a tiW~ 1 z ton ~r ry Z~°O :r op U~ In U ^ b bN 3^ WW ~ a N yJ Wye x z O 6£'ti01 3 „dZ OL OZ N K 0 Zlu rW O 1 O 2 a /A ~O U -04 U W ^I `w gyp] ~ Q {ij ~i W b N F U c ~ Vy ~ p' W \ s W y ct. L,£tC~ O 77b'M MONOO ° C14 o 6 3 3 M P, I,SL.0d S z W O Cl 00 tc) y h e