Loading...
HomeMy WebLinkAbout1996-035 Easement - HainesFIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: NAME OF PARTIES: DOCUMENT TO BE RETURNED TO: TRUE AND ACTUAL CONSIDERATION: UNTIL A CHANGE IS REQUESTED, SEND TAX STATEMENTS TO: Parking easement Grantor: Lloyd M. Haines Grantee: City of Ashland, Oregon Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 As stated in document. Lloyd M. Haines, Attorney at Law, 1257 Siskiyou Boulevard, Suite 232 Ashland, OR 97520 i. Grant of easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual exclusive easement to construct, reconstruct, install, use, operate and maintain public parking spaces and landscaping upon the real property described on the attached Exhibit A and further referred to in this easement agreement as the "easement area." 2. Consideration: credit for parking spaces. For the required off-streetparking requirements imposed in the Grantor's adjoining development east across Ashland Creek pursuant to the land use approval by the City of Ashland in planning action #91-099, the City of Ashland shall credit Grantor with four off-street parking spaces, including one fully accessible space, and Grantor, his invitees, employees and agents, shall be permitted to use these four parking spaces in conjunction with use by the public. 3. Maintenance costs. The cost of periodic maintenance and necessary repairs to the easement area for the purposes described in paragraph one above shall be borne exclusively by Grantee. 4. Indemnification. To the extent permitted by the Oregon Constitution and the City of Ashland charter, Grantee shall, within the limits of the Oregon Tort Claims Act, indemnify Grantor against any liability for damage to life or property arising from the use of the easement area as for public parking. The City shall not be required to indemnify Grantor for any such liability arising out of the wrongful acts of the Grantor or the employees or agents of Grantor. 5. Termination. This easement shall lapse and terminate at such time as Grantee fails to use the easement area for parking and driveway purposes. 6. Prior Encumbrances. This easement is granted subject,~l prior eayments or encumbrances of record. State of Oregon, County of Jackson This instrument was acknowledged before me on "' OFFICIAL SEAL :,". ::/~~., M M~CHAEL DOYLE NOTARY PUBLIC' OREGON ~ ,.i~ ' COMMISSION NO. 049833 "' · ~.' ,..,!' .~- , {:~ MY CI),1,I?,,11SS101~ EXPIRES DEC. 28, 1999 '~'?"~ EASEMENT '., - (p:real\haines.ear) EXHIBIT A Commencing at the Southeast corner of PARCEL 3 of Partition Plat filed for record October 18, 1995 and recorded as Partition Plat No. P-77-1995 (Index Volume 6, Page 77) of the records of Jackson County, Oregon and is on file in the Office of the Jackson County Surveyor as No. 14698; thence, along the Easterly boundary of Parcel 2 of said Partition Plat, South 23° 47' 07" West 87.85 feet to the POINT OF BEGINNING; thence, continue South 23° 47' 07" West 58.77 feet to the Northeast corner of that tract of land described in Volume 67, Page 515 of Deed Records in said Jackson County; thence, along the North line of said tract, North 58° 49' 53" West 25.44 feet; thence, leaving said North line, North 48° 13' 57" East 60.97 feet to the Point of Beginning. Ja&son County, Oregon Recorded OFFICIAL R[COP. D$ PROFESSIONAL LAND SURVEYOR ORSGON [[~',UARY 4, 1983 DARRELL L HUCK 2023 Darrell L. Huck L.S. 2023 - Oregon Expires 6/30/97 Hoffbuhr & Associates, Inc. Haines Parcel 2 - Encroach November 2, 1995 (hain2enc.dlh)