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
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'~'?"~ EASEMENT
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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)