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Home My WebLink About2010-049 Easement - Connell "' ( Jackson County Official Records 2010-013509 R-PUE Cnt=1 MORGANSS 04/29/201002:05:35 PM 51500510,0055,00511,00515,00 Total:$56.00 <.: 111I111111 1I11I11I1 1111111 01424043201000135090030037 I, ChrIstine Walker, County Clerk for Jackson County, Oregon, certify that the instrument ldentlfled herein was recorded In the Clerk records Christine Walker - County Clerk Grantor: Grantee: Document to be Returned to: James Greg Connell City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1,00 Not applicable True and Actual Consideration: Send Tax Statements to: PERMANENT ACCESS AND UTILITIES EASEMENT FOR CITY OF ASHLAND 1, Grant of easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace access and utility improvements, including but not limited to street, retaining walls and ,landscaping improvements and public utility facilities including but not limited to, lines for electricity, sewer, water, gas and telecommunications on real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon, and is described on the attached Exhibit A. 2. Use of surface. Grantor shall have the non-exclusive right to use the easement area for all. purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or place any structure upon the easement area without the prior written consent of Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the easement area for the purposes connected with this easement. 4. Runs with Land. All conditions and restrictions contained in this Easement shall run with the land until such time as any condition or restriction is removed by written and recorded amendment executed by City that the condition or restriction is no longer required. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the easement area is and shall be conclusively deemed to have consented and agreed to every condition and restriction contained in this Easement, whether or not any reference to ,this Easement is contained in the instrument by which such person or entity acquired and interest in the Property. 4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public utility facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantor reasonable notice and restore the premises of the Grantor, and any buildings or improvements disturbed by Grantee, as near as practicable. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. Upon violation of any condition or restriction contained in this Easement, City may seek any available legal or equitable remedy to enforce this Easement. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of recor State of Oreg County of Jac on This instrument was acknowledged before me on Fe br u art{ ,;(,(p James Grea Connell. J ')ift CJ fiY,bY . OFRCIAL SEAL CAROLYN MARlENE SCHWENDEIIER NOTARY PUBUC-QREGON COMMISSION NO. 436232 MY COMMISSION EXPIRES MAR. 20. 2013 (jA., ~(~d&nbL Notary b IC for Oregon My commission expires: .J -,f1 t? - /3 PAGE 1-EASEMENT G:\pub-wrksleng\dept-adminIENGINEER\EASEMENl\Connell James Access & PUE 9 23 09.doc " CITY ACCEPTANCE (ORS 93.808): CITY OF ASH ND, GRANTEE STATE OF OREGON County of Jackson J ~~ foregoing instrument was acknowledged before me this K day of J':l. 010 ,2009, by Martha Bennett as City Administer for the City of Ashland. ~~- Notary Public for 0 egon Ilk ,,d :J My commission expires: TOlD . OFFICIAL SEAL DIANA R. SHIPLEY ~IOTARY PUBLlC-oREGON CC'.''I\!SSION NO. 405584 MY COMMISSI(:.,'J ,,;(PIRES MAY 2, 2010 PAGE 2-EASEMENT G:\pub-wrks\engldept-adminIENGINEERIEASEMENT\Connell James Access & PUE 9 23 09.doc ;r " - - ,,~ ... ~ LAND SURVEYING, L.L.C ~ ,'.'," d'Qii~\:..I~~>f;.~'..:.L'V~.~~~~M.~!\'i<~''''to:''"~~'~i~l'tirI..",r~!t!'~~'''f'h...,~.".;J''''''',,,,,,,4:~'''~"''"'.'..l"!o.t''"'''l_",~.";,''O~.''','-....f<;~.:.tw_'''',:.~';';',,,''.;il. EXlllBIT "A" LEGAL DESCRIPTION - LIBERTY STREET DEDICATION GREG CONNELL TRACT ASSESSOR'S MAP NO. 39 IE 16 AB, Tax Lot 3700 A variable width strip of land to be dedicated to the City of Ashland, Oregon, for public street purposes, over and across that tract of land described within Instrument No. 2007-030177 of the Official Records of Jackson County, Oregon, said tract lying situate within the Northeast Quarter of Section 16, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at the southeast comer of the Northwest Quarter of the Northeast Quarter of Section 16, Township 39 South, Range I East, of the WiIlamette Meridian in the City of Ashland, Jackson County, Oregon, as shown on Survey No. 10238, on file in the office of the Jackson County Surveyor; thence North 89059'22" West, along the south line of said Northwest Quarter of the Northeast Quarter of Section 16, a distance of 20.00 feet, to the west line of Liberty Street; thence North 00000'39" West, along said west line of Liberty Street, a distance of 100.00 feet, to the southeast comer of Parcel No.2 of that Minor Land Partition recorded on June 9, 1982 in Volume 5, Page 42 of the Partition Plat Records of said County, the POINT OF BEGINNING; thence continuing North 00000'39" West, along said west line, a distance of 67.30 feet; thence South 08004'30" West, leaving said west line of Liberty Street, a distance of78.27 feet, to the southeasterly line of said Parcel No.2; thence North 47012'03" East, along said southeasterly line, a distance of 15.00 feet, to the POINT OF BEGINNING. Containing 370 square feet, more or less. ,,"". ...-........,,=-=.~.......-....... Prepared by: REGISTE1<EO PROfESSIONAL lAi'~D StH(VIEYOI~ Shawn Kampmann Professional Land Surveyor 5 Polaris Land Surveying LLC P.O. Box 459 Ashland, Oregon 97520 (541) 482-5009 , ~ Ol:b::,ON JULY 1~s' 'd9B :SBAWi'~ tU.".WlV;AW'l 02B33LS Renewal Date: 6/30/09 Date: September 30, 2008 ' S:\surveys\494-08\Liberty Dedication-Connell Legal.doc P. 0, Box 459, A~hland, Oregon 97520 Phone: (541) 482-5009 Fax; (541) 488-0797 Mop/Ie: (541) 601-;3000 www.polari55urvey.com '}