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Home My WebLink About2011-080 Easement - NielsenJackson County Official Records 2011-016855 R-E O6/O6/2011 01:29:00 PM Cnt=1 MORGANSS 525.00 510.00 55.00 511.00 515.00 Total:$69.00 ^y3.00 I I I II IIII I I II II a ll I II I I II II I I I I II I I I I, Chdqlne WaIFO, Counry CIerM IaNecN�an County, Onpon, urtly that [h� Instmmm[ Itlentifletl herein wat recorded in Ihs CIerN fOCOfaO. ChristineWalker-CountyClerk Grantors: Grantee: Document to be Returned to: True and Actual Consideration Send Tax Statements to: Jeffrey S. Nielsen Kim E. Nielsen, husband 8 wife 354 Helman Street (391 E 4CD 903) Ashland OR 97520 City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main; Ashland, OR 97520 $1.00 Not applicable PERMANENT SANITARY SEWER ACCESS EASEMENT 1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee", for the sum of $1.00, a perpetual non-exclusive easement in gross for ingress and egress to sanitary sewer facilities owned by Grantee, said easement is situated 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 as follows: See the attached Exhibits A and B 2. Use of Area. Grantors shall have the 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 or plant trees 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 over the easement area for the purposes connected with this easement. 4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public sanitary sewer facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors reasonable notice and restore the premises of the Grantors, disturbed by Grantee, as near as practicable to its original condition. PAC7E �-�.SEMENTG:\pubwrks�eng107-i6 Ashland Creek Trunk Sewer ReconsWCtV._Admin\Easements\354 Helman Nielsen SS Easement Revised 4 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 7. 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 shail 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 an interest in the ProPerty. /`'�_'�-\_`��1._ ^.��111_'�.1.'`l"�_'�.'�'�-�) I '1 r' \;,:i 1 _'�.'��111.'`.l'�.l' `�..'�.'ti"`'�:\`v This instrument was acknowledged before me on i'/ al/ 2011, by Jeffrev S. Nielsen State of Oregon County of Jackson C ,LlI/.D`(��X�7 Notary P lic for Oregon My commission expires: �3 i This instrument was acknowledged before me on �G(/] 2011, by Kim Nielsen /�,11.1�`1'"��"��1"\.111"\. 1:�:'�-: �;,;i 1 ��.'1.111�'��'\.1�'��'1�'1..'��'\�"��l'\.1_'\.�'\_ .�fe%,�,�n��,�� Notary Public for Oregon 3 a O, My commission expires: PAC7E 2 Ashland Creek Tiunk Sewer ReconsWCtW_Admin�Easemen154354 Helman Nielsen SS Easement Revised 4 State of Oregon County of Jackson CITY ACCEPTANCE ORS 93.808 CITY OF ASHLAND. Grantee i i�I i Signature as to Form J �l Date State of Oregon County of Jackson This instrument was acknowledged before me on Q,I 2011, by Martha Bennett, Citv Administrator. OFFICIAL SEAL DIANA R SHIPLET NOtARY PUBLIC-OREGON COMMISSION NO. 454135 Notary Public for Oregon MY COMMISSION EXPIRES NOVEMBER 28, 2014 My commission expires:��o`Zpl `I P14C7E 3-EA.SEMENTG:\pub-wrks�enq107-16 Ashlan0 Creek Tiunk Sewer ReconstructW_Admin\Easemenis1354 Helman Nielsen SS Easement Revised 4 6 I/� EXHIBIT A TO: City of Ashland DATE`. May 19,'20ll (Revised) OWNER: Jeffrey S. Nielsen and Kim E. Nielsen Re: Warranty Deed Document No. 2009-001867 O.R. (Re; Ivfap 391E04CD, Tax I,ot 903) A 6.00 foot wide access easement to provide vefiicular ingress and egress to sanifary sewer facilities, lying 3.00 feet on each side of the following described centerline: Commencing at a 5/8 inch iion pin with red plastic cap mazking the southeast comer of Parcel 2 of Partition Plat recorded Mazch 11, 1999, as Paitition Plat No. P-11-1999 of "Record of Partirion Plats" in Jackson County, Oregon, and filed as Su�vey No. 16065 in the Office of the Jackson County Surveyor, thence North 30 12" East, along the east boundaty of said Pazcel 2, a distance of 1.84 feet to the centerline of said 6.00 wide access easement for the true point of beginning; thence North 45°50'26" West, along said centerline, 50.80 feet to the point of termination of said centerline and access easement, said point of termination beazs South 43°24' 14" West 10.4 feet from an exisring sanitary sewer manhole. The southem sideline of said easement is to begin on the southern boundary and the northern sideline of said easement is to begin on the eastem boundary of said Pazce12 of Partition Plat No. P-11-1999. Basis of Bearing: County Survey No: 11024 16065 North 25°34' S2" East along the monumented centerline of Helman Street north of Hersey Street. Richazd L. Bath, LS 1069 Director of Surveying Hardey Engineering Associates, Inc PO Box 1625 Medford, OR 97501 541-772-6880 File: 038-15-11 Nielsen Access Ease Revised TL 903.doc REGISTERED ?ROFESSIONAL LAN� SURUEYOR JULY 30, 1976 RICHARD L. BATH No. 1069 RENEWS 12/3?/�_ V EXHIBIT B Q J Q' ��V TL 900 GANGAJI FOUNDATION 364 HELMAN ST ASHLAND lL 1002 MAL�EN MARSHALL R TRUSTEE MALDEN SUZAN G TRUSTEE MALDEN FAMILYTRUST 344 HELMAN ST ASHLAND' TL 903 NIELSEN JEFFREY S NIELSEN KIM E 354 HELMAN ST c ASHLAND c SS TL 902 JAXON-BEAR ELI VARNER ANTIONEffE� 374 HELMAN ST ASHUIND i ROPERTY NE i �L3� SMALL BUSiNESS ADMIN HERSEYST ASHLAND Hardey Engineering Associates, Inc. P.O. BOx 1625 MEDFORD, OREGON 97501-0083 VOICE: 547-772-6880 FAX: 541-772-9573� ENGINEERINC. INTEGRIN EMAIL: infoOhea—inacom x. ExisnNc ENT TL 6600 GITY OF ASFiLAND HELMAN STASHLAND PROJECT DWN BY: BFB ASHLAND CREEK SANITARY SEWER CHK'D BY: RLB EASEMENTEXHIBIT nn�r. �c i�� i. 088-15-11 SCALE: 1°=50° sHeer 1 oF 1