HomeMy WebLinkAbout2016-078 Easement - Eisenberg Trust
Ja,_kson County official Records 2016-010579
R-PUE 04/11/2016 08:54:52 AM
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1 Christine Walker County Clerk for Jackson County, Oregon, certify
`hat the instrument identified herein was recorded in the Clerk
records.
Christine Walker -County Clerk
PUBLIC UTILITY EASEMENT
Grantor: Leonard and Karen Eisenberg Trust, dated
September 19, 2006
Grantee: City of Ashland, Oregon
Document to be Returned to: Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
True and Actual Consideration: None
Send Tax Statements to: Not applicable
1. Grantor owns property described as Assessor's Map No. 39 1 E 08 DA, Tax Lot 900, located in
the City of Ashland, Jackson County, Oregon.
2. Grantor grants and conveys to Grantee, a perpetual, nonexclusive easement to construct,
reconstruct, install, use, operate, inspect, repair, maintain and remove any public utilities on the 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 Attached Exhibits "A" and "B."
3. 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. Grantee shall repair to the
extent practicable any damage to Grantor's premises, and any improvements thereon, resulting from
Grantee's work on the premises.
4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area.
5. 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 agreement. Grantor shall have the right to use the
Easement Area for all purposes not inconsistent with uses and purposes of the property and the
easement, provided that Grantor shall not build or place any the structures or plant trees upon the
Easement Area without the prior written consent of Grantee.
6. The easement granted herein is appurtenant to the real properties described herein. It is the
intent of the parties that the easement granted herein shall run with the land. The easement granted
herein shall be binding upon and inure to the benefit of the parties hereto, and their successors and
assigns.
7. This easement is granted subject to all prior easements or encumbrances of record.
8. Grantee hereby agrees to hold and save Grantor harmless from any and all claims of third parties
arising from Grantee's use of the rights granted herein.
9. In case of suit, action or proceeding to enforce any rights or conditions of this contract or appeal
from said suit, action or proceeding, it is mutually agreed that the losing party in such suit, action,
EASEMENT
Page 1 of 2
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 n l , 2016.
GRANTOR L-conaAd W.-C) 4%g' GRANTEE:
Tru~oT a~ a -t. ~ °v 2, o a~
Len Eisenberg CITY ACCEPTANC (ORS 83.808):
CITY OF ASHLANC GRANTEE
Len Eisenberg Dave Kanner,
City Administrator
STATE OF OREGON )
ss.'/'~ [ , 2016
County of Jackson )
Personally appeared the above named Len Eisenberg, and acknowledged the foregoing instrument to be
his voluntary act and deed.
OFFICIAL STAMP
LAURIE A. MILLER Nota Public for Oregon
NOTARY PUBLIGOREOON My commission expires:
COMMISSION NO. 941242
W COMMISSION EXPI M ALLY 28,2M9
STATE OF OREGON )
) ss. _ 0 , 2016
County of Jackson )
Personally appeared the above named Dave Kanner, City Administrator for the City of Ashland, Oregon,
and that said instrument was signed on behalf of sai j=City and acknowledged said instrument to be its
voluntary act and deed.
OFFICIAL STAMP Notary Public for Oregon Ir
DIANA RENEE SHIPLET y commission expires: oC y6o__ a, o2C~
NOTARY PUBLIC-OREGON M
COMMISSION NO. 932046
MY COMMISSION EXPIRES OCTOBER 02, 2018
-
AM7,OVED AS TO FORM
j J sz. .
Ashlend ASSt. City Attomoy
EASEMENT
Page 2of2
LANG 5 URVEYING, LLC
EXHIBIT "A"
LEGAL DESCRIPTION - PUBLIC UTILITY EASEMENT
LEN EISENBERG, 219 GRANITE STREET, ASHLAND
ASSESSOR'S MAP NO. 39 lE 08 DA, Tax Lot 900
An eighteen (18.00) foot wide strip of land for a Public Utility Easement to the City of Ashland,
over and across that tract of land described in Instrument No. 2012-022588 of the Official
Records in Jackson County, Oregon, lying situate within the Southeast Quarter of Section 8,
within Township 39 South, Range I East of the Willamette Meridian, Jackson County, Oregon,
more particularly described and bounded as follows, to Wit;
BEGINNING at a %2 inch iron pipe at the southwest corner of that tract of land described within
Instrument No. 2012-022588 of the Official Records in Jackson County, Oregon; thence North
89°58'40" East, along the south line of said tract, also being the south side line of an eighteen
(18.00) foot wide strip of land, being parallel with, northerly of and adjacent to said following
described south line a distance of 198.06 feet to the POINT OF TERMINUS, with the northerly
line of said strip being lengthened or shortened to terminate at the easterly and westerly lines of
said tract.
F€.~lv:TF
Prepared by: ? '1
m.~
Shawn Kampmann ~up~ a a
Professional Land Surveyor 5
Polaris Land Surveying LLC JULY 3
P.O. Box 459 SHK~°':ra'asal
Ashland, Oregon 97520
RENEWAL DATE: 6!3017
Date: April 1, 2016
s:Asurveys\603-10\Len Eisenberg Public Utility Easement Legal.docx
F 0 13ox 459. Ashland. Oregon 97520 Phone - (541) 482-5009 Fax: (541) 4813 O%"'°
Mobiles i 541) 601 -3000 www poly ris survey-C orr
3/
40' EASEMENT SURVEY
I L YING SITUATE IN
EXHIBIT rrB rr I SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 39 SOUTH RANGE 1 EAST, W.M.
JACKSON COUNTY, OREGON
I
TAX LOT 1000 I FOR
I Len Eisenberg
I
219 Granite Street
TAX LOT 901 193.06' Ashland, Oregon 97520
I
I
2 0 H
Gay 2 00 219 GRANITE STREET
L I
O.R. 2012-022588 pp,R~~ o y
11, 732 SQ. FT. N
219 GRANITE STREET 0. `D I
1 ro 18' PUBLIC UTILITY EASEMENT
LP h I
4 N 89'58'40" E - 198.06'
1J I SCALE: 1 50'
~ ~,00 112" IRON PIPE TAX LOT 1100 ~
L REGISTERED
PROFESSIONAL
I [LAND SURVEYOR
TAX LOT 702 TAX LOT 1200 OREGON
JULY 14. 1998
I SHAWN KAMPMANN
2883 LS
RENEWAL DATE: 6/30/2017
I ~ I
TAX LOT 701 TAX LOT 1201 SURVEYED BY:
y POLARIS LAND SURVEYING LLC
P.O. BOX 459
I I ASHLAND, OREGON 97520
(541) 482-5009
DATE: APRIL 1, 2016
40 0
Assessor's Map No. 39 1E 08 DA, Tax Lot 900 ~ i
POLARIS LAND SURVEYING PROJECT NO. 603-1