HomeMy WebLinkAbout2015-082 Easement - Jacobson
Jackson County Official Records 2015-011099
R-E 04/1 6/201 5 09:14:15 AM
Cnt=1 BARROWCK
$20 00 $10.00 $5.00 $2 00 $11 00 Total:$77.00
$20.00 $3.00
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01663262201500110990040040
Christine Walker. County Clerk for Jackson County, Oregon. certify
that the instrument identified herein was recorded in the Clerk
records.
Christine Walker -County Clerk
Return Document to:
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
PUBLIC UTILITY EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record., Kris N. Jacobson and Heidi
L. Jacobson, (the "Grantor"), owner of property legally described in Assessor's Map No. 39 1 E 08DA,
Tax Lot 1300 (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of
Oregon, its successors and assigns (the "Grantee"), a permanent, appurtenant and nonexclusive
easement for a right of way together with the right of access to the right of way from adjacent land of
Grantor for all activities in connection with the purposes for which this easement has been granted.
2. Description. The location of the easement is along the general course(s) now located by
Grantee on, over or under the surface of the Property, this easement more particularly described as
follows:
Exhibit A and B, attached and incorporated, (the "Easement Area").
This description is intended to describe the location of the utility as originally laid and is not to be
strictly construed where reasonable variation from the actual description exists.
Exhibit B is attached hereto solely for Grantee's internal identification purposes only, and not for
use in describing the easement.
3. Purpose. This easement is with all purposes for of the construction, reconstruction, operation,
maintenance, repair, replacement, enlargement and removal of any utility of the City including but not
limited to water, sewer, electricity, and communications, and whether they are above or underground, and
all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities").
Further purposes of this easement is the present and (without payment therefore) the future right to keep
the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards
which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain its
utilities.
5. Terms and--.Conditions.
5.1 Grantor shall have the right to use the area within the easement in any manner that does
not reasonably interfere with facilities within the easement area.
5.2 Grantee shall provide Grantor reasonable notice prior to performing work in the
Easement Area. Pursuant to such work, Grantee shall:
A. Fill any and all excavations as soon as practicable after opening;
B. Dispose of all brush and debris;
C. Replace in their former condition ail' improvements, trees, ornamental shrubs and
crops, if practicable, as soon as possible after damage or destruction, but if not
practicable then pay, to Grantor the reasonable value thereof.
D. Accepts all responsibility for maintenance of any facilities placed on the easement.
E. To pay Grantor for any and all damage that may arise from construction,
reconstruction, operation, maintenance, repair, replacement, enlargement or removal of
the facilities;
Public Utility Easement And Agreement
Page I of 2
F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to
persons or property resulting from Grantee's or its duly appointed agents' performance of
the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold
Grantor harmless against all claims, suits, costs, losses and expenses that may in any
manner result from or arise out of the purpose and activities permitted under this
easement.
6. Termination. This easement shall terminate if and when Grantee shall have abandoned all use
of the right of way and no longer has any future need thereof.
7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this
easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in
such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee
in such amount as set by the court hearing such suit, action, proceeding or appeal.
i
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of April,
2015.
GRANTOR: GRANTEE:
Kris N. Jacobson and Heidi L. Jacobson CITY ACCEPTANCE (ORS 93.808);
CITY OF ASHLAND, GRANTEE
By:
Kris . Ja obso , Owner By
BDave Kanner, City Administrator
Y:
/4di L. Jacob on, wner
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this day of April, 2015, Kris N. Jacobson and Heidi L.
Jacobson, and acknowledged the foregoing instrument to be her voluntary act and deed.
OFFICIAL SEAL
WENDY L FEELEY
NOTARY PUBLIC-OREGON
COMMISSION NO. 458521 Notary Public for Or-6gon
MYCOMMISSfONEXPIRESMAY17,2015 My Commission Expires: _2
STATE REGON )
) ss.
County of Jackson
Personally appeared before me th day of April, 2015, anner,9City Administrator for the
City of Ashland, Oregon, and acknowledge fore instrument to be his voluntary act and deed.
OFFICI EAL
E L FEELEY Notary Public for Oreg n ,
' NO PUBLIC-OREGON My Commission Expires:
Y COMMISSION I EEXPIRENO. S MAY 1712015
OFFICIAL STAMP
STATE OF OREGON ) DIANA RENEE SHIPLET
s s . NOTARY PUBLIC-OREGUIJ
COMMISSION NO. 932044
County of Jackson ) MY COMMISSION EXPIRES OCTOBER 02,2018
Personally appeared before me this 14 day of April, 2015, Dave
Kanner, City Administrator for the City of Ashland, Oregon, and
acknowledged the foregoiig instrument-to be his voluntary act and
deed.
Public Utility Easement And Agreement
Page 2 of 2 CL
Notary Public for Oregon
My Commission Expires DU.z_(g
EXHIBIT `A'
ELECTRIC EASEMENT
A strip of land, lying over and across that certain parcel described in Document No. 2010-
031233, Official Records, Jackson County, Oregon, and situated in the Southeast Quarter
of Section 8, Township 39 South, Range 1 East of the Willamette Base and Meridian,
Jackson County, Oregon and being more particularly described as follows:
Commencing at a point on the Westerly right of way line of Granite Street in the City of
Ashland, Jackson County, Oregon, which point bears 10.00 chains South and 5.62 chains
West of the Quarter Corner common to Sections 8 and 9 of Township 39 South, Range 1
East of said Willamette Meridian; thence along said Westerly right of way line, South 4°
43' 39" East, 101.01 feet to the most easterly corner of said parcel described in Document
No. 2010-031233 of said Official Records, being the Point of Beginning; thence along
the Southerly line of said Parcel, South 89° 53' 55" West, 88.09feet; thence continuing
South 89° 53'55" West, 96.96 feet; thence North 4° 43'39" West, 10.03 feet; thence
North 89° 53' 55" East, 22.06 feet; thence North 0° 06'05" West, 10.00 feet; thence North
89° 53' 55" East, 10.00 feet; thence South 0° 06' 05" East, 10.00 feet; thence North 89°
53' 55" East, 152.99 feet to said Westerly right of way line; thence along said right of way
line, South 4° 43'39" East, 10.03 feet to the Point of Beginning.
February 17, 2015
EPROFESSION ISTEPiED
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