HomeMy WebLinkAbout1992-103 Easement Modification - ACFS92-33390
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MODIFICATION OF EASEMENTS
FOLLOWING IS an agreement to modify certain easements
entered into this ~ day of ~F~/~ , 1992, by and between
the City of Ashland, Oregon, a m6nicipal corporation,
hereinafter referred to as the "City", and Ashland Community
Food Store, Inc., an Oregon corporation, hereinafter referred
to as "ACFS";
WITNESSETH :
THAT WHEREAS, ACFS owns certain real property in Jackson
CoUnty, Oregon, encumbered by certain utility easements as set
forth in Document No. 81-21859 and 90-07425 of the Official'
Records of Jackson County, Oregon;
AND WHEREAS, the City is the owner of said easements;
AND WHEREAS, it is the mutual desire of the parties that
the location of said easements should be modified for purposes
of development of the servient' real property;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties do hereby agree and bind
themselves as follows:
Effective with the execution of this instrument, the
location of the easements identified in the documents referred
to above shall be considered relocated to the strip described
on Exhibit "A" attached.
Except as expressly modified herein, said easements shall
remain in full force and effect.
This instrument was executed upon the authority of the
Board of Directors of ACFS and the city Council of the city.
ASHLAN~ COMMUNITY FOOD STORE, INC.
Its President /~-/9/-~
CITY OF ASHLAND
CATHY GOLDEN, Mayor
NAN FRANKLIN, city Recorder
MODIFICATION OF EASEMENTS
Page -1-
92-33390
STATE OF OREGON )
)
COUNTY OF JACKSON )
On this ff_~ day of /~jd~¢~ , 1992, personally appeared
the above-named ~ ~ ~]a//~o/~ , President of
Ashland Community Food Store, Inc., and executed this
instrument on behalf of and with authority of, its Board of
Dir~-~- BefQ~e me:
J OFFICIAL SEAL
~ NANCY E. SLOCUM J
~ NOTARYcoMMiSSioN~UBLICNo- 009d47OREGON J ~~ ~g ~ O~gO~
~ MY COMMISSION EXPIRE~ 5EP. 18,1995
,, , _ .......... .~ M~Co~iss~on Expires
STATE OF OREGON )
)
COUNTY OF JACKSON )
On this ~day of ~~~ , 1992, personally appeared
the above-named CATHY GOLDEN, Mayor of the City of Ashland, and
executed this instrument on behalf of and with authority of the
'Notary Public fo~Y Oregon
My Commission Expires: c~/~/~r~-
STATE OF OREGON )
) §
'COUNTY OF JACKSON )
On this ~-day of~c~~-~ , 1992, personally appeared
the above-named NAN FRANKLIN, City Recorder, and executed this
instrument on behalf of and with authority of the City of
Ashland. Before me:
Notary Public fo~/Oregon
My Commission Expl-res: ?' /~ /7~
/ ,
MODIFICATION OF EASEMENTS
Page -2-
92-33390
An easement for construction and maintenance of Dublic
utilities, the location of said easement being described as
follows:
Commencing at the northeast corner of PARCEL Nb. 3 of Minor
Land Partition Plat recorded November 28, 1990, as Partition Plat
No. P-138-1990 of "Record pf Partition Plats" in Jackson County,
Oregon, and filed as Survey No. 12304 in the Office of ~he Jackson
County Surveyor; thence North 74'08'52" West along the northerly
boundary of said PARCEL NO. 3 a distance of 127.64 feeC Co a point
which bears North 23'09'13 East from an inside ell corner on the
westerly boundary of said PARCEL NO. 3; thence South 23'09'13" West
70.92 feet to said ell corner; thence along said westerly boundary
South 23"09'12" West 120.10 feet to an angle point on said westerly
boundary; thence South 86"50'47" East 4.00 feet to an angle point
on said westerly boundary; thence South 23'09'12" West 10.54 fee%;
thence, leaving said westerly boundary, Sou~h 66'53'29" Eas~ 38.19
feet; thence North 23"06'31'" East 10.00 feet; thence North 66'53'
29" West 25.18 feet; thence North 23'09'13" East, parallel with and'
15.00 feet easterly of said westerly boundary and i~s northerly
prolongation, 170.43 feet; thence North 36"38'41" East 24.45 fee%
%o the northerly boundary of said PARCEL NO. 3; thence North
74'08'52" West 20.87 feet to the point of beginning.
OmC..LN. e, ECORO$
KATHLEEN S. BECKETT
REGISTERED "'
ROFESSIONAL
LAND SURVEYOR
L OREGON
JULY 14, 1978
ROGER R. ROBERTS
_ 1656 ~.~
Public Utility Easement
Ashland Community Foods
May 13, 1992
[ASHCO~I4.DSC]
LANDMARK SURVEYZNG