HomeMy WebLinkAbout1993-088 Easement - Holmes 93-37624
Utilities Easement
and
Option to Purchase Land
I. David Holmes and Darci Holmes (husband and wife,
respectively), jointly and severally, hereinafter referred to as
"Grantor," conveys to the City of Ashland, a municipal corporation
of the State of Oregon, hereinafter referred to as "Grantee," an
easement to use a portion of Grantor's property described on the
attached Exhibit "A," incorporated herein and by this reference
made a part hereof.
The terms of this easement are as follows:
1. Grantee, its agents, independent contractors and
invitees, shall have the right of ingress and egress and use
of the easement to construct, reconstruct, install, use,
operate, inspect, repair, maintain, and remove utility lines,
including but not limited to lines for electricity, sewer,
water, gas, and telecommunications, and all necessary related
facilities over, across, and through that real property
described on attached Exhibit "A" as referenced hereinabove.
2. The consideration for this easement is $1.00.
3. This easement is granted subject to all prior
easements or encumbrances of record.
II. David Holmes and Darci Holmes (husband and wife,
respectively), jointly and severally, hereinafter referred to as
"Grantor," conveys to the City of Ashland, a municipal corporation
of the State of Oregon, hereinafter referred to as "Grantee," an
option to purchase a portion of Grantor's property described on the
attached Exhibit "A," incorporated herein and by this reference
made a part hereof.
1. The consideration to be paid by the Grantee shall be
the sum of $1.00. This option may be accepted by the said
Grantee within 30 days from the effective date hereof (as
described in ~II.2 hereinbelow) by written notice to that
effect. Conveyance shall be made within 90 days after such
acceptance by a quitclaim deed.
2. This option may not be exercised by Grantee until
Grantor concludes a contract to sell that portion of the real
property (excluding that portion described on the attached
Exhibit "A") being the Northwest Quarter, Section 14, Township
39S, Range 1E, in Jackson County, Oregon, or at such time as
the Grantor concludes a contract to sell the entirety of the
J. DAVID FINE
NOTARY PUBLIC - OREGON
93-37624
real property being the Northwest Quarter, Section 14,
Township 39S, Range 1E, in Jackson County, Oregon (whichever
comes first). This option shall expire 30 days after Grantor
gives written notice to Grantee that Grantor has concluded a
contract to sell the property described in this paragraph. To
exercise this option, Grantee shall give written notice to
Grantor that Grantee has elected to exercise the option.
3. It is agreed that if the Grantee shall fail to
exercise this option within the time above-mentioned, or shall
after such acceptance fail to pay the sum of $1.00, the
consideration above-mentioned, at the time and in accordance
with the terms and conditions hereinbefore mentioned, Grantee
shall forfeit the sum of $1.00 paid under paragraph II.1.
Signed this ~/~=7~/V'~/day of ~': T~/..~-'/~
Grantor: ~ ~
State of Oregon )
) ss
County of Jackson )
This
1993,
Upon recording return to:
97520.
, 1993.
instrument was acknowledged before me on dLI. /~_ ,
~ NOTARY PUSLIC - OREGON
~ COMMISSION NO. 015245
Nan ~rankl~n~ C~y Hall, ~shland~ Oregon
THIS INSTRUMENT WILL NOT ALLOW THE USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
2
93-37624
Exhibit "A"
That real property BEGINNING at the Southwest corner of Lot 4
of CUB MEADOWS P.U.D., according to the official plat thereof, now
of record in Jackson County, Oregon, located in Township 39 South,
Range 1 East of the Willamette Meridian in said Jackson County;
thence, along the West line of said Lot 4, North 00° 12' 40" East
17.34 feet; thence, leaving said West line, along the arc of a
20.00 foot radius curve to the left (the long chord to which bears
South 29° 15' 10" East 19.68 feet) a distance of 20.57 feet to the
South line of said Lot 4; thence, along said South line, South 88°
56' 40" West 9.68 feet to the Point of Beginning. Containing 49.53
square feet, more or less.
J. DAVID FINE J
NOJ'AR'/ PUBLIC - O~EGON J
MYCOMMISSION EXPIRESMA~ ]0, i996 J
1
Jad~son County, Oregon
Recorded
OF, lC!AL RECORDS
NOV 0 S 1993 M.
KATHLEEN S. BECKETT
CORDER
_, Peput'v
3