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Home My WebLink About2016-291 Easement - Equity Trust FBO John Shrode Jackson County Official Records 2016-037197 R-E 11 /10/201 6 03:49:21 PM Cnt=1 SHINOLJS 520.00 $10.00 $ED 00 $8 00 $11.00 Total : $78.00 S2000$4.00 Grantor: I I 1 i Equity Trust Company, Custodian FBO John Shrode, IRA 2234 Siskiyou Blvd #C32 01740560201600371970040046 872 Slsklyou Blvd i t'hristine Walker, County Clerk for Jackson County, Oregon, certify Ashland, OR 97520 that the instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk Grantee: City of Ashland, Oregon Document to be returned to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 True and Actual Consideration: $0.00 None Send Tax Statements to: Not Applicable PUBLIC UTILITY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record. Equity Trust Company "Grantor"), owner of property legally described as Assessor's Map No. 391E09DA TL 6900 (the Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee") a permanent, appurtenant and nonexclusive easement together with the right of access to the easement from adjacent land of Grantor for all activities in connection with the purpose for which this easement has been granted. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described in Exhibit A and B as follows: Exhibit A, and B. (the "Easement Area") This description is intended to describe the location of the utility as originally laid and is not to be strictly construed where reasonable variation from the actual description exists. Exhibit B is attached solely for Grantee's Internal identification purposes only, and not for use in describing the easement. 3. True and Actual Consideration. $0.00, the sufficiency of which the Grantor deems sufficient. 4. Purpose. This easement is with all purposes for of the construction, reconstruction, operation, maintenance, repair, replacement, enlargement and removal of any utility of the City, and all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities"). The further purposes of this easement is for the present and (without payment therefore) the future right to keep the easement and said adjacent lands clear of all brush, trees, timber, structures and other hazards which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain its utilities. 5. Terms and Conditions. 5.1 Grantor shall have the right to use the area within the easement in any manner that does not reasonably interfere with facilities within the easement area. 5.2 Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. Pursuant to such work, Grantee shall; A. Fill any and all excavations as soon as practicable after opening; B. Dispose of all brush and debris; C. Replace in their former condition all improvements, trees, ornamental shrubs and crops, if practicable, as soon as possible after damage or destruction, but if not practicable then pay to Grantor the reasonable value thereof. D. Accept all responsibility for maintenance of any facilities placed on the easement. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the facilities; F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the purpose and activities permitted under this easement. 6. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the easement and no longer has any future need thereof. 7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, 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 WHEREOF, the parties hereto have subscribed this instrument this 7*16 day of November, 201 Iq GRANTOR: GRANTEE: EQUITY TRUST COMPANY CITY ACCEPTANCE!(ORS 93.808); JOHN SHRODE CITY_ OF ASHLAND1 GRANTEE B By Y• Dave Kanner, City dministrator OFFICIAL SEAL STATE OF OREGON ) J .LINDA ANNE ALEXANDER County of Jackson ) ss NOTARY PUBLIC -OREGON COMMISSION NO. 943011 MX COMMISSION EXPIPsES SEPTEMBER 21, 2019 Personally appeared before me this L' day of November, 2016, John Shrode, and acknowledged the foregoing instrument to be her voluntary act and deed. Not blic for Oregon My Commission Expires: 5fo%.2l. 201q STATE OF OREGON ) ) SS County of Jackson Personally appeared before me this day of November, 2016, Dave Kanner, City Administrator for the City of Ashland, Oregon, and acknowledged the forego' instrument to be vol tary act and deed. OFFICIAL STAMP • DIANA RENEE SHIPLET Notary Public for Oregon NOTARY PUBLIC-OREGON My Commission Ex ires: COMMISSION NO. 932046 Y P MY COMMISSION EXPIRES OCTOBER 02, 2018 LJ. FRIAR & ASSVMA TES Pa AIM 7ELEPHONE FAX 541-772--2782 D CONSUL77NG LAND SURVEYORS 541--772-8465 P.O. BOX 1947 JAMES E. HIBBS, PLS PHOENIX, OR 97,535 I1frlar6charter.net LEGAL DESCRIPTION A strip of land situated in Section 9, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, being described as follows: Commencing at a found 3/4" square iron pin at the intersection of the centerline of Siskiyou Boulevard and the South line of Donation Land Claim No. 39 in Township 39 South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon; thence South 43°07'24" East (record South 43°13' East) 222.2 feet to a point on the Southwesterly line of Siskiyou Boulevard; thence South 56°07'39" East (record South 56°13' East), along said Southwesterly line, 37.9 feet to the Northwesterly corner of that tract described in Document No. 2016-000886, Official Records of Jackson County, Oregon and the true point of beginning; thence continue along said Southwesterly line, South 56°07'39" East, 15.00 feet; thence parallel to the West line of said tract, South 32°56'21" West, 12.00 feet; thence parallel to the Southwesterly line of said Siskiyou Boulevard, North 56°07'39" West, 15.00 feet to the West line of said tract; thence along said West line, North 32°56'21" East, 12.00 feet to the true point of beginning. Basis of Bearings: Survey No. 10691 PROPOSED PUE 391E09DA TL6900 Suncrest Homes, LLC 16-186 October 21, 2016 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 17, 1986 JAMES E. HIBBS 2234 RENEWAL. DATE: 6-30-17 I i ,~4 ou you PUE ~ry h~ V EQUITY TRUST COMPANY 391 E09DA TL6900 DOC. 2015-000886, ORJCO M DATE REGISTERED PROPOSED PUE 21 OCT 2010 PROFESSIONAL A ESSORs MAP 1. SCALE. LAND SURVEYOR 391 E09DA TL6900 1 inch : 20 feet FoR: SUNCREST HOMES, LLC DRAWN 9Y.• JEN . ~ PO BOX 1313 CHK W. oRt=cor> TALENT, OR 9 7540 ORIGIN: JULY 17, 1988 JAMES E. HIBBS ROTAnoN: 0' 2234 L.J. FRIAR & ASSOCIATES P.C. doap: 16186FM RENBNAL DATE: 6-30-17 F A GONSUL77NC LAND SURVEYORS P.O. So 1947 Phoenix OR 97535 Phone: 1541) M-2782 C LJ. FRIAR & ASSOCIATES, P.C. 201 6 Ema11: 1 ria hartar.net sheet 1 of 1.