Loading...
HomeMy WebLinkAbout1992-139 Easement - Hibbert93-00a21 PERMANENT UTILITY EASEMENT FROM ~',~ CITY OFASHLAND 1. Grant of easement. City of Ashland, "Grantor", grants to James F. Hibbert, Mark Swisher and George Walker "(Grantees)" a perpetual non-exclusive 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 under real property described on the attached Exhibit A. Grantees may assign this easement to the person, corporation, utility company or governmental entity operating the utility. 2. Damage to property. Grantees shall perform all construction, maintenance, repair or other activities under this easement in a manner which shall minimize damage to Grantor's property. Grantees shall repair any damage to road, fences, structures, or surfaces caused by Grantees' activities, and shall restore the property to the same condition as when entered upon by Grantees. In the event Grantees are unable, after reasonable efforts to repair damage and restore the property to its original condition Grantees shall compensate Grantor for any unrepaired damage. 3. Use of surface. It is expressly understood that this easement does not convey any right, title or interest to the surface of the soil, nor any other rights except those expressly stated in this easement, nor does it prevent Grantor from full use and dominion over the property including the right to landscape or pave over the easement. 4. Relocation of easement or facilities. If location of the easement or the facilities or any parts thereof should interfere with the Grantor's use of the property as a public park or otherwise, Grantees, upon written request of Grantor, shall within a reasonable period of time and at the sole cost of Grantees, make such rearrangement, relocation or adjustment of the easement or facilities or any parts thereof as may be necessary to eliminate the interference. 5. Indemnification. Grantees agree to defend, indemnify and save County, its agents, and employees harmless from any and alt losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the use of this easement by Grantees (including but not limited to, Grantees' employees, agents, and others designated by Grantees to perform work upon or to use this easement). 6. Duration of easement. This easement shall be perpetual; however, in the event that it is not used by Grantees for a period of three years, or if it is otherwise abandoned by Grantees, the easement shall automatically expire and Grantees shall upon request execute a recordable document evidencing such expiration. In addition, if Grantees fails to comply with any term or condition or fulfill any obligation of this easement within five days after written notice by Grantor specifying the nature of the failure with reasonable particularity, Grantor may terminate the easement. If the failure to comply is of such a PERMANENT UTILITY EASEMENT FROM CIIY (Revised (6/92) ~p:for.~sx.t~,o ....... 93-00521 nature that it cannot be completely remedied within the five day period, this provision shall be complied with if Grantees begins correction of the default within the five day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 7 Prior Encumbrances: This easement is granted subject to all prior easements or encumbrances of record. Dated this .JZz/-;Cf day of~. ~/~:¢¢ /.,,,~ ~z~)` ~. , 1992. GRANTOR Catherine M. Golden, Mayor Ran E. Franklin, City Recorder STATE OF OREGON COUNTY OF JACKSON This instrument was acknowledged before me on ('.,~/,_,~,~.~)ih , ~.-_-~ and ')/L~,-~ '~.-, /:~/%~-.-J~--X- Mayor and City Recorder of the City of Ashland, respectively. ! 'f- ..~ by as the 'Notary Public for ~regon My commission expires: PERMANENT UTILITY EASEMENT FROM CITY (Revised (6/92) 93-00521 EXHIBIT A 10 foot wide utility easement: Commencing at a 1/2 inch diameter iron pipe in monument case marking the center line intersection of Water and "B" Streets in Section 9, Township 39 South, Range I East, Willamette Meridian in the City of Ashland, Jackson County, Oregon; thence South 26° 32' 27" East 25.99 feet to the Northwest corner of that tract demcribed in Volume 288, Page 322, Deed Records for said County and State; thence South 64~ 33' 02" East, along the Northerly line of maid tract, 78.00 feet (record 77.4 feet), to a point on the Easterly line of that tract described in Volume 36, Page 162, said Deed Records and the true point of beginning; thence South 23~ 11' 39" West, along said Easterly line, 115.00 feet to the Southeast corner of maid tract described in Volume 288, Page 322; thence North 66~ 51' West, along the Southerly line of last said tract, 10.00 feet; thence North 23~ 11' 39" East 108.00 feet to a point on the Northerly line of that tract described in Document Number 72-01765, Official Records for Jackson County, Oregon; thence Northeasterly, along said Northerly line, 12.2 feet, more or less, to the true point of beginning. OF£S$1ONAL D SURVEYOR J DAVID A. Jad n Count, Recorded OFFIC!^L RECORDS 0 g 1995 KATHLEEN $. BECKETT c em orandum December 14, 1992 Nan Franklin James H. Olson, Assistant City Engineer Easement for Oak Street Cottages Paul Nolte has recently provided another original docnment for the utility easement to be granted to the owners of the Oak Street Cottages. As you recall, the Conncil approved this easement some time ago. Would you please sign and record this document at your earliest opportunity and send the original to James Hibbert, with a copy to be filed in the vanlt and a copy to me.