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Home My WebLink About2014-205 Easement - Sacks Bingham OSF Jackson County Gtficiai Records 2014-019238 R-E 0712512014 09:46:57 AM Cnt=1 SHINGLJS $30.00 S10 00 $8 00 $11.00 $20 00 TOtal:$82.00 $3.00 01633073201400192380060062 I. Christine Walker, County Clerk for Jackson County.. Oregon. certify that the instrument identifed herein was recorded in the Clerk records. Christine Walker -County Clerk ACCESS AND MECHANICAL EQUIPMENT EASEMENT Grantor. Stephen Sacks, Michael Bingham, $ Oregon Shakespeare Festival Association Grantee: City of Ashland 20 E. Main Street Ashland, OR 97520 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 Assessor's Map No. 39 1 E 09BB, Tax Lot 14600, 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 Grantors premises, and any improvements thereon, resulting from Grantee's work on the premises, in the performance of services and duties associated with mechanical equipment. 4. This easement does not convey any right, title or interest to the surface, 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 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.Ipub wrksWnMdept-adminlENGINEEMEASEMENT1391 E 0988 ~f (Gb Oregon Shakespeare Festival Mechanical Equipment.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 WITNE S WHEREOF, the parties hereto have subscribed this instrument this day Of 111 iA 2014. GRANTOR: ac 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. I This instrument was acknowledged before me on K' . 2014, by Lni cS r dililal~_, otary Public for Orego ~my Commission expires: / ?611 OF ICIAL SEAL JOAN CHRISTOPHER r NOTARY PUBLIC-OREGON COMMISSION NO. 450965 My COMMISSION EXPIRES SEPTEMBER 17, 20% E r EASEMENT Page 2 of 4 G:Ipub-wrkslengldept-admin%ENGINEERIEASEMEN71391E 09BB 14600 Oregon Shakespeare Festival Mechanical Equlpment.docx ael Bi ha 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 th to Public for Oregon ?0 OFFICIAL SEAL y Commission expires: :COMMISSION OAN CHRISTOPHER ! TARY PUBLIC-OREGON NO. 450965 MIY COMON EXPIRES SEPTEMIBER 17, 2014 G TOR' C thia Rider, Executive Director CkAgon 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 (0 , 2014, by r_. OFFICIAL SEAL LINDA S MARLIEY FERN Notary Public for Ore n NOTARY PUBLIC-OREti COMMISSION NO. 472578 ON My Commission expi es: 4!) 8 E 1111C 2016 EASEMENT Page 3 of 4 G:1pub wrWengldept-admin%ENGiNEER1EASEMENT1391E GOBS 14600 Oregon Shakespeare Festival Mechanical Equlpment.docx GRANTEE: tl"'~'.08): CITY ACCEPTANCE (ORS CITY OF ASHLAND, G NTEE AP S TO FORM By: Dave Kanner, City dministrator Ashland asst ity Apmey D 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. This instrument w__as,,acknowledged before me on J14 I 1A , 2014, by U~ KLI OFFICIAL SEAL Notary Public for Oregon DIANA R SHIPLEY My commission expires: lm✓ l -a NOTARY PUBLIC-OREGON COMMISSION NO. 454135 V Sk)N EXPIRES NOVEMBER 28, 2014 EASEMENT Page 4 of 4 G:lpub-wrksleng%dept-adminlENGINEERIEASEMEN'n391E 095B 14600 Oregon Shakespeare Festival Mechanical Equipment.docx LAND S UIZVEYING, LLC fv EXHIBIT "A" LEGAL DESCRIPTION-ACCESS R. MECHANICAL EQUIPMENT EASEMENT PIONEER BUILDING - 38 EAST MAIN STREET, ASHLAND, OREGON ASSESSOR'S MAP NO. 39 1 E 09 BB, Tax Lot 14600 A variable width easement for ingress and egress to access mechanical equipment, over and across that tract of land described within Instrument No. 94-01091 of the Official Records in Jackson County, Oregon, for the benefit of that tract of land described within Volume 115, Page 97 of the Deed 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; Beginning 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 North 20°20'22" East, along the westerly line of said Lot 1, a distance of 6.32 feet; thence South 69°34'26" East, leaving said westerly line, a distance of 39.12 feet to the southerly line ofthat Boundary Line Agreement described within Instrument No. 95-03447 of the Official Records in said County; thence along said southerly line the following courses: South 81 °31'57" West, 18.69 feet; thence North 69°34'26" West, 23.16 feet; thence North 26°11'41" East, 2.65 feet to the POINTOF BEGINNING. Containing 279 square feet, more or less. Prepared by: REGISTERED PROFESSIONAL Shawn Kampmann [AND SURVEYOR) Professional Land Surveyor Polaris Land Surveying LLC =_SHA~WIVN 7- P.O. Box 459 4, 1~ns Ashland, Oregon 97520 A4fP,;jAN[ d 83LS (541) 482-5009 Renewal Date: 6r30115 Date: March 6, 2014 S:\\surveys,529-09`,Pioneer Building-COA Access Easement t.egal.docx P 0 13nx 459. A5hiand. Oregon 97520 P h a n c (541) 462-5009 Fax (541) 468-0797 Mobile. (541) 601-3000 www-potaris5urvey.cam S a J O x ~rn yx 0 n 0) o 'n . W } "y~a h a Wrn~O Nrn Opa o` n m to od a z y ~go a 0O ro ~ogah O ~x0N 14 ~i Ix Id Lu z (j yy O 4 w~ 0;3 o m w ~y0 .L~O aaA a ] ZOp~ ~w to oa w ti I U o~ ~ Q U x~ ° ~ Q. x 2 V1~n g~° O J N ~ p tw JU W 20 V 2 2~ a~ Om 2'J~ ~ U NN h~ 4kioi~ a W Z J M 6r. Pol 3 i45 Vii,. W ~ W r"i W Q z I, ~ q$ N Q o ~w ~ 0 U \t. V ~ a N tti O 10 1~a ~ M 0 ~o O q ~i q~ O `A 77VM HONOD O 0l o ~Z N vJ y y~ h l W _ ~ N ~ C F ~ F w ~ ~ o 3 f m fiI,S£.Ot S 2 ~ I b N (n c N N Q ~+C