HomeMy WebLinkAbout1993-006 Easement - Struve93-00522
GRANT OF EASEMENT
The parties to this Grant are Fred J. Struve, Jr. ("Grantor"),
and the City of Ashland, a municipal corporation of the State of
Oregon ("Grantee") .
T~m~,~~,~A~ ~, Grantor is the c,~ne~ ~ cs~ tkat certain real property
in the City of Ashland, Jackson County, Oregon, described on
Exhibit A attached hereto:
NOW, THEREFORE, in consideration of the sum of One Dollar
($1.00) and other valuable consideration the receipt of which is
hereby acknowledged by Grantor, Grantor hereby grants, bargains and
conveys unto Grantee, heirs, assigns and successors in its
interest, a perpetual non-exclusive and mutual easement (the
"Easement") to use a strip of land 10 feet in width lying 5 feet
on each side of a centerline described on Exhibit B attached hereto
and incorporated herein by this reference.
The Easement hereby granted shall be used by Grantee for this
purpose only: Grantee shall have the right to construct and
install and maintain upon the Easement a sanitary sewer line and
to inspect, repair, maintain and replace the same; PROVIDED, that
Grantee shall repair any damage caused to Grantor's property as a
result of any use of the Easement and PROVIDED further that Grantee
shall indemnify and hold Grantor harmless from any claims arising
against Grantor as a result of Grantee's ownership or use of the
Easement.
By acceptance of this Grant, Grantee further covenants to
Grantor that Grantee shall bear all expenses of constructing,
installing, maintaining, repairing, and replacing the sanitary
sewer line within the Easement. Grantor reserves the right to use
the surface of the land lying within the Easement, provided that
Grantor's use shall not unreasonably interfere with Grantee's use
of the Easement for the purpose stated herein.
93-0052 2
EXHIBIT A
Ail the following real property, with the tenements,
hereditaments and appurtenances, situated in the County of Jackson
and State of Oregon, bounded and described as follows, to-wit:
Beginning at a point on the easterly line of Oak Street in the
city of Ashland, Jackson County, Oregon, which is 66.6 feet East,
and North 14° 52' East 547.5 feet from the southwest corner of
Donation Land Claim No. 41 in Township 39 South, Range 1 East of
the Willamette Meridian, in Oregon; thence East 581.7 feet to the
west line of the Patterson-Phelps Tracts; thence South 154.2 feet;
thence West 622.5 feet, to the easterly line of Oak Street; thence
North 14° 52' East along said street line 159.5 feet to the point
of beginning.
93-0052
EXHIBIT B
A strip of land 10 feet in width, lying 5 feet on each side
of the following described line:
Commencing at' the Southwest corner of Donation Land Claim
No. 41 in the Southwest one-quarter (1/4) of Sec%ion 4, Township
39 South, Range 1 East, Willamette Meridian, Jackson County,
Oregon; thence South 89" 57' 50" East 66.52 feet; thence North
14° 52' 12" East 170.69 feet; thence South 89° 57' 53" East
· 217.30 feet; thence North 00° 02' 10" East 205.725 feet to the
Northwest corner of Parcel No. 2 as set forth on that Minor Land
Partition field for record on the 1st day of October, 1986 and
recorded in Volume 7, page 33 of "Minor Land Partitions" in
Jackson County, Oregon; thence North 00° 02' 10" East 4.39 feet
to~ ~h~- northerly rlght-of-way, line of Patterson Street; thence
South 89" 59' 48" East along said right-of-way line 89.01 feet to
the TRUE .POINT OF BEGINNING; thence leaving said right-of-way
line-North .146'-~42''' 44" West'36-96 feet to the point of terminus.
The side lines of said 10 foot easement to be extended or
shortened to begin on said northerly right-of-way llne of
Patterson street.
Sanitary Sewer Easement
(Poplar Place SubdiviSion)
Affects Tax Lot 220.0.
August 19, 1992 '
93-0052Z
This agreement shall inure to the benefit of and be
binding upon the parties and their heirs, assigns and
successors in interest in perpetuity.
Dated this ~7 day of ~C~---~ .. , 1992.
GRANTOR
o!
Fred~~~~ ~' Jr.
STATE OF CALIFORNIA
County of Santa Clara
ss. OcR q
, 1992
Be it remembered, that on this ~\ day of ~o%,eF ,
1992, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared the within named
Fred J. Struve, Jr., known to me to be the identical
individual described in and who executed the within
instrument and acknowledged to me that he executed the same
freely and voluntarily.
NOTARY PUBBIC FOR CALIFORNIA
My Commission Expires: l!//Q-/q
~ Couniy, Or, ton:
Recorded
OITIC!^L RECORDS
~TH~EEN S. BECK~
CLE R ' -