HomeMy WebLinkAbout1987-002 Easement - HulseFORM No. 926.-.-GENERAL EASEMENT.
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STEVENS-NESS LAW PUBLISHING CO,, FO~TLAND, OR, 97204
AGREEMENT FOR EASEMENT
THIS AGREEMENT, Made and entered into this ].S_~ .... day
by and between V]~9]] ~. H~]se and Betty ~an.e. Bu!se, hu~an~..~n~_
hereinafter called the first party, and C]~Y of fis.h!a~d,.~.a .~unJ. c_~p~]_...Co_~P9_~A~_9_~
.................... , hereinaiter called the second party;
WITN~SETH:
WHEREAS: The first party is the record owner of the tollowing described real estate in ..~ ~k~.0P ..........
County, State of Oregon, to-wit:
Parcel No. 3 of that ~inor Land PactitSon fi]ed for record the 7th day of August, ]986
at 2:]7 o'clock P.~. and recorded ]n Volume 7 at Page 2] of "~]nor Land PartSt]ons"
Jackson County, Oregon.
and has the unrestricted right to grant the easement herelnaiter described relative to said real estate;
NOW, THEREFORE, in view o£ the premises and in consideration oi One Dollar ($1) by the second
party to the £irst party paid and other valuable considerations, the receipt o£ all of which hereby is acknowl-
edged by the first party, they agree as follows:
The first party does hereby grant, assign and set over to the second party
a Public Utility Easement for the placement of Sanitary Sewer, Electrical, Cable
TV and Telephone all to be installed underground.
(Insert here a £ull description o£ the nature and type o£ the easement granted to the second party.,)
The second party shall have all rights of ingress and egress to and from said real estate (including the
right irom time to time, except as hereinaiter provided, to cut, trim and remove trees, brush, overhanging
branches and other obstructions) necessary for the second party's use, enjoyment, operation and maintenance of
the easement hereby granted and all rights and privileges incident thereto.
Except as to the rights herein granted, the first party shall have the full use and control of the above de-
scribed real estate.
The second party hereby agrees to hold and save the £irst party harmless £rom any and all claims of
third parties arising from second party's use of the rights herein granted.
The easement described above shall continue for a period o£ ..... per_pet_ual ................... always subject,
however, to the £ollowing specific conditions, restrictions and considerations:
A]] utilities to be placed underground unless otherwise approved by the
Grantor (first party) herein. Subject to a 5 foot wide irrigation easement along the
most easterly boundary line of Parcel No. 3 as shown on that Minor Land Partition fi]ed
for record the 7th day of August, ]986 at 2:]7 o'clock P.M. and recorded in Volume 7 at
Page 21 of "Minor Land Partitions" in Jackson County, Oregon.
87 -02219
H this easement is for a right of way over or across first party's said real estate,
easement is described as follows: An easement over, across and through a strip of ]and variable
in width and bein9 more fully described as follows: Beginning at the Southwest corner of
Lot 3 of the kithia Heights Subdivision to the City of Ashland, dackson County, Oregon;
thence S.89°17'4]"W., ]0l .36 feet; thence N.00°31'54"W., 10.0 feet; thence
9.97 feet; thence S.00°4£'19"E., 5.0 feet; thence N.89°17'4]"E., 91.36 feet; thence S. 00°
42'19"F., 5.0 feet to the point of beginning.
This agreement shall bind and inure to the bene£it o£, as the circumstances may require, not only the
immediate parties hereto but also their respective heirs, executors, administrators and successors in interest as
well.
In construing this agreement and where the context so requires, words in the singular include the plural;
the masculine includes the feminine and the neuter; and generally, all changes shall be made or implied so
that this instrument shall apply both to individuals and to corporations.
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument in duplicate on this, the
day and year first hereinabove written.
(If the above named first party is a corporation,
use the form of acknowledgment opposite.]
STATE OF OREGON, )
Cou, ty ot..._~_a, c._k...s___o_n__ ................................ )
..9~. ~/ ......................... zg_....8..Z...
Personally appeared the above named__V.~.~g~] .....
M.. Hu]se and._Be.tty.._.d.ane...Hul~e ...................
and acknowledged the tore~oin$ instrument to be ............
.~ei r ....... voluntary act and deed.
Betore me:
SE tt.~...~
N OTM~r, ~2~ffi~' e,~WrmO__ ~,,~_~,.,,,rna ~,~
My Commission Expires ~'
{ORS 93.490}
-..$TATF, OF G~,~,C,C,N, C,,.-,i& o~ .............................................. )
_._~'_':;::~ ............................... 19 ................
Pe~ appeared ........................................................................ and
............................~.~_ ................................................ who,..t~t~ duly sworn,
each tor himselt an~.~one for the other, did sa~..tlm~t the former is the
............... ~ .............. presia~.~--~,nd t~at t~e latter is
...................................... ~ary of
....... ~::~ ...... ?,,<._: .................... , a corporation,
and th~~regoln~.l~trument is the corporate seal
of s~~d instrurnent w~..~igned and sealed in behalf
of s~ o~/t~,oard of d,~rs; and eac~ of the~
ack~untary act%~tl~ deed.
B e f/~n'fe :
.... IClAL
AGREEMENT
FOR EASEMENT
BETWEEN
AND
AFTER RECORDING RETURN TO
SPACE RESERVED
FOR
RECORDER'S USE
STATE OF OREGON,
Jackson County, Omgoa
Recmded
OFFICIAL RECORDS
KATHLEEN S. BECKETT
CLERK and RECOBDER
B~ut~