HomeMy WebLinkAbout2000-103 Easement - Ashland Holdings28284
Grantee's Acceptance of Easement
The City of Ashland accepts, as of the date set forth below, the Permanent Pedestrian
Easement for City of Ashland from Ashland Holdings, LP signed August 3, 1999, by
Allan Sandler, President of Rat Pack, Inc. general partner on behalf of Ashland
Holdings, LPo
Acceptance of this easement shall be effective upon the date a certificate of occupancy
is issued for the construction occurring in the Ashland Masonic Lodge Building
(Masonic Temple), 25 North Main Street, Ashland, Oregon (through which this
easement is located).
No access from the easement to Calle Guanajuato shall be permitted, except by the
ramp described in Exhibit A to the easement, until the Ashland Parks and Recreation
Commission consents to other access.
Dated this
day of/~~ ~ ,1999.
Cat ine M. Shaw,~
~2-nsen, City Recorder
State of Oregon
County of Jackson
This instrument was acknowledged before me on 5e-~~ ~ ,1999, by
Catherine M. Shaw as Mayor of the City of Ashland, Oregon, and by Barbara
Christensen as Recorder of the City of Ashland, Oregon.
Oregon
My Commission expires:
(F:\USER\PAUL\ORD\masonic cc acceptance,wpd)
JACKSON COUNTY TITLE DIVISION has recorded thi,-
instrument by request aS an accommodation only,
and has z~ot examined it for regularity and sufficiency
or as to its effed upon the title to any rasl prol~
that may be described therein,
O0 28284
. 'Name of Transaction:
Grantors:
Return Document to:
True and Actual Consideration:
Pedestrian Easement
Ashland Holdings, LP
Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.00
PERMANENT PEDESTRIAN EASEMENT FOR CITY OF ASHLAND
1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee," a
perpetual exclusive easement to use a pedestrian walkway as a public sidewalk, across, along and upon
the real property described below and further referred to in this easement agreement as the "sidewalk."
The sidewalk is located in the City of Ashland, Jackson County, Oregon and is described
on the attached Exhibit A.
2. Grantor responsibilities. Grantor shall be subject to the same duties, responsibilities and liabilities
imposed under the Ashland Municipal Code for owners adjacent to public sidewalks (the "code
provisions"). The parfies acknowledge that, as of the date this easement is granted, the code provisions
include, but are not limited to, the following:
A. Grantor shall maintain in the sidewalk in good repair and remove obstructions from it.
B. Grantor shall be primarily liable to any person injured because of any negligence of
Grantor failing to maintain the sidewalk in good condition.
C. If the Grantee is required to pay damages for the injury to persons or property caused
by the failure of Grantor to perform the duty which this section imposes, Grantor shall
compensate the Grantee for the amount of the damages thus paid, plus court costs and
fees incurred by the Grantee. The Grantee may maintain an action in any court of
competent jurisdiction to enforce the provisions of this section. (Ashland Municipal Code
Section 13.04.020)
In the event the code provisions are amended, then Grantor shall be subject only to the provisions as
amended.
3. Sidewalk lightinG. Grantor shall install lighting for the sidewalk to be approved by Grantee's Director of'
Electric Utilities in writing. Grantee shall pay for the cost of electricity and shall be responsible for the
maintenance and replacement, as needed, of the lighting fixtures and bulbs.
4. Sidewalk a public sidewalk, obstructions prohibited. The sidewalk shall be a public sidewalk. Grantor
shall not obstruct the sidewalk in any manner prohibited by applicable laws and codes, and Grantors
lessees and tenants and other persons shall be subject to all such laws and codes with respect to the
sidewalk.
4. Bindin~. This easement shall be binding upon and inure to the benef~d lt~e4ia~es, lheiLsuccessors,
and assigns
GRANTORS: ASHLAND HOLDINGS, LP
RAT PACK, INC., GENERAL PARTNER
State of Oregon,
County of Jackson
This instrument was acknowledged before me on [[::)ft,8 3 ,1999, by Allan Sandler,
President of Rat_Pack, Inc. ~ ,. ge r 1 par ner, on behalf of
Ashland Holdings, LP, an Oregon
limited partnership. ~'regon
~, / My comm~smon expires
PAGE 1-PEDESTRIAN EASEMENT '
.~-~ "fro 28284
EXHIBIT A
PEDESTRIAN EASEMENT
A strip of land being 5.00 feet in width and 8.0 feet in height as physically constructed
over and through that parcel of property as described in instrument number 99-16328 of
the Official Records of Jackson County, Oregon.
The easement to extend from the westerly right of way of North Main Street to the
eastedy right of way of Calle Guanajuato within the City of Ashland, Jackson County,
Oregon.
The easement includes a pedestrian access ramp 5.00 feet in width and access to this
ramp 5.00 feet in width from Calle Guanajuato to the lowest end of the ramp. The ramp
is described as perpendicular to and connecting with the strip of land described above
and is located within the parcel described above beyond the westedy terminus of the
existing building on this parcel.
Pedestrian Easement to City of Ashland
Tax Lot No. 391E9BB-7900
July 20, 1999
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
JUL 0 7 2000
COUNTY CLERK
1 - Exhibit A F:\USER~PAUL%REAL~sandler ped eas ex A.wpd