HomeMy WebLinkAbout1993-063 Easement - Albertson's~573 - Ashland
Ashland, OR
g3-347 ?
Recording Requested By
and When Recorded Return
E AS ~M~N T
KNOW ALL MEN BY THESE PRESENTS:
That Albertson's, Inc., a Delaware Corporation ("Grantor")
owner of that property situated in Jackson County,
described as follows:
is the
Oregon,
See Exhibit A attached hereto and incorporated herein by
reference ("Grantor's Property").
Grantor does hereby grant an easement unto the CITY OF ASHLAND, a
Municipal corporation of the State of Oregon ("Grantee") for and in
consideration of one ($1.00) dollar, over a portion of Grantor's
Property, which easement is for the installation and perpetual
maintenance of sanitary sewer mains and appurtenances ("Easement")
and which Easement is over the property situated in Jackson County,
Oregon ("Easement Area"), described as follows, to-wit:
See Exhibit B attached hereto and incorporated herein by
reference. It is the intent of the easement to define the
true and actual location of the sanitary sewer pipeline as
relocated ........ : ........... :-- ~-t ........ ~_cncri~ad
~ ~ ' il
Anything in this instrument to the contrary notwithstanding,
Grantee by recording this instrument and/or exercising the rights
herein granted agrees to the following conditions:
(a) The Easement herein grant~d~ subject to all. easements
and encumbrances of record and ~eZ~on-excluSlve provided later
granted easements shall be subject to Grantee's rights and uses.
(b) All lines, equipment and their related components and
supports placed within the Easement Are~4~ by Grantee, or
Grantee's agents or contractors, pursuant to this instrument
("Grantee's Property") shall remain the property of Grantee.
(c) Grantor and its successors and assigns retain the right
to full use of the surface of the Easement Area~s~ except where
Grantee has placed Grantee's Property, provided, however, Grantor
will not erect any building or major structure within the described
Easement Area~xwithin Grantor's Property.
(d) Grantee shall at all times safely operate and maintain
Grantee's Property within the described Easement Area~ and shall
promptly repair and restore to its prior condition any paving,
parking lot striping or other improvements, except planters, light
standards, buildings and other major structures, existing within
the described Easement Area~)x which are disturbed by the
construction or maintenance of Grantee's Property by Grantee, or
Grantee:s agents or contractors.
(e) Grantee shall not in the exercise of the within
Easement~ unreasonably interfere or obstruct Grantor, or
Grantor's agents or contractors, in the location or construction of
any buildings located in the area adjoining the described Easement
Area~ or unreasonably interfere with any business of Grantor.
Nothing in this subparagraph (e), however, shall allow Grantor or
Grantor's agents or contractors to construct a building or other
structure within the described Easement Area, as provided in
subparagraph (c) herein, or to unreasonably interfere with
Grantee's rights to construct, operate and maintain Grantee's
[' iNITIALS J
93-34787
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Parcel l of Minor Land Partition Plat No. P-72-1991, filed as No. 12541
in the office of the County Surveyor of Jackson County, Oregon, and in
Book 2, Page 72, of the "Record of Partition Plats" in Jackson County,
Oregon.
EXHIBIT B
So much of the following described parcel of property as is located within
the boundaries of Grantor's Property:
A strip of land 20.00 feet in width, Iyl. ng 10.00 feet on
each side of the following described centerltne:
Con,nencimg at the south one - quarter (1/4) corner of
Section 11 In Township 39 South, Range i East of the Willamette
Meridian in Jackson Coumty, Ore,on; thence WEST ~69.97 feet;
thence NORTtl 278. 29 feet %o a sanitary sewer mamhole sltuated at
an angle point o~1 that strip of 1amd as described, tn Document No.
67-03662, Officia1 Records of Jackson County, Oregom for the IR.U~
POINT OF DEGINNING: thence North 2~36'33'' West 129.43 feet ~o a
samitar~ sewer manhole; thence South 85"38'~2" West 20.08 feet to
a sanitary sewer manhole; %hence North 7"12'49" W'es% 180.20 feet
to a sanitary.sewer' ma~]ole; thence North 52"11'~4" East 83.62
feet to a sanitary sewer ma~ole; thence North 89"50'22" ~ast
71. 49 feet to a ssnitary sewer mmmhole; thence North 1"58'24"
East 25.93 feet %o that llme crested by Boundary ,L~ne Agreement
ms described in Document No, 91-07764, Official Records of
Jackson Coumty, Oregon for %he point of terminus of sald ~0.,00
foot strip of la~.
sewer line easement
Tolma~] Plaza - WESTECH
January 14, 1993
Darrell k.. Huck
,L,S. 2023 ~ Oregon
expires 12/3i/93
Hoffbuhr & Assoc.,
Inc.
Jackson County, Oregon
y:t OCt 1 8 1995 M,
~THLEEN S. BECKETT
~~epu~
g3-34787
Property hereunder.
(f) After recording this instrument, Grantee shall provide
Grantor with a date, instrument number, book and page of recording.
Grantor warrants that Grantor is the owner of Grantor's Property,
free and clear of all liens and encumbrances whatsoever, except
those of record on the below date.
IN WITNESS~WH~REOF, the Grantor has hereunto set it's hand and
seal this ~0~ day of July , 1993.
/] ~Albertson's, Inc., a Delaware
L ~ ~ ~orporation
~/ Ar~oid, Vide Presidant,
Real Estate Law
~7'xlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx×.,.~;~]~[
IDAHO
STATE OF C~[~R~ )
)
County of Ada )
SS.
On July -~ : 1993 , before me, the
undersigned, a Notary Public in and for said State, personally
appeared William H. Arnold x~i~xxxxxxxxxxxxxxxxxxxxxxxxxxxxx ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed the within
instrument as Vice President ~al~ Real Estate Law~
xS~x~m~tm~¥, on behalf of Albertson's~ Inc. ,
the corporate therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
. . i
3~J3~, ~_' ~.~,.~t~k.__ (This area for official ,ota~l~l-~....~2
Not~ry ~ublic in and~r the
State of Idaho i ~ _ ~ '/~
My Co~ission Expires: ~' ~_ ~, _ ~ :~,,.~;~ ,ff'~ ,'
2