HomeMy WebLinkAbout1996-094 Easement - Phillips 96-19007
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EASEMENT
WHEREAS, BILLIE JEAN PHILLIPS, as TRUSTEE of the PHILLIPS FAMILY
TRUST, (u.a.d. June 24, 1988) ( hereinafter referred to as the "Grantee") is the owner
of that certain real property, ( hereinafter referred to as "Grantee's Property"),
described as follows:
That property described in Instrument No. 91-32067, recorded
in the Official Records of Jackson County, Oregon December
31, 1991. (Shown on the Jackson County Tax Map, Code 5-1
39 1E 09 CD, Tax Lot 3600).
WHEREAS, said property was in the past and presently still is provided
irrigation water received from the City of Ashland Ditch and delivered to said property
through a pipeline located on property owned by the CITY OF ASHLAND, an Oregon
Municipal Corporatiion, (hereinafter referred to as the "Grantor") and such property
(hereinafter referred to as "Grantor's Property"), is described as follows:
That property described as a strip of land 40 feet in width granted
to the City of Ashland by instrument recorded in Volume 21, Page
84, Jackson County, Oregon, Deed Records, June 21, 1870.
WHEREAS, Grantee desires to continue that use for that purpose and the
Grantor desires to Grant unto the Grantee a written easement for such purpose to be
placed of public record,
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, this Grantor does hereby Grant and Convey unto said Grantee,
its Beneficiaries, Successors and Assigns, an easement appurtenant for the use and
benefit of Grantee's Property, over and across Grantor's Property, subject to the
following terms and conditions:
1. LOCATION: This Easement shall be FIVE (5') FEET in width and
shall be located over and across Grantor's Property, with the
beginning Terminus of said Easement to be at the connecting
point with the City of Ashland Ditch and its pumping station
presently located near the Easterly line of Terrace Street. The
Easement shall proceed in an Easterly direction and shall
terminate at a point East of and so near the Southwest corner of
Grantee's property as will allow the delivery of irrigation water to it
in the most feasible manner.
2. CONDITIONS: Grantee shall maintain, repair and replace, if neces-
sary, said pipeline at Grantee's option and expense. The
maintenance shall be such as will reasonably allow the general
public the use of the general area as a pedestrian way, subject to
jurisdiction of the City of Ashland.
The continued use of such irrigation water rights shall
otherwise continue to be subject to the existing and future rules
and regulations otherwise pertaining to the use of such.
Except as otherwise stated above, it is intended that this
Easement shall run with the land and be appurtenant to and for
the benefit of Grantee's Property.
Grantee agrees to hold Grantor harmless from and to
indemnify it for any damages incurred by Grantee arising from any
negligent action of Grantee in the use, repair, maintenance or
replacement of said pipeline.
This Agreement has been entered into this ~-~ day of /~'Zz/' , 1996.
GRANTOR: The CITY OF ASHLAND, an Oregon Municipal Corporation
GRANTEE: The PHILLIPS FAMILY TRUST (u.a.d. June 24, 1988)
STATE OF OREGON )
)ss
COUNTY OF JACKSON )
On the 31st: day of Hay ,1996 there appeared before me
BILLIE JEAN PHILLIPS, who declared and stated she was one and the same person
whose signature she affixed on the above document.
Dated this 3]. day of Y~ay ,1996.
h~ ~ OFFICIAL SEAL
~ .~'~.'~ STEVE SCOTT
~. I-~i.[[~J~i~ NOTARY PUBLIC- OREGON
N~ ~.~'~ COMMISSION NO. 048880
~ '~ MY C0~I~10N EXPIRES NOV. ~2. 1999
My Commission Expires:
, A Nortary Public for
the State of Oregon
Nov. 12,1999
.96-'19O07
FORM No. 24--ACKNOWLEDGMENT--CORPORATION,
STATE OF OREGON,
County of 4ackson~, , : ~ (ss. o~. this .2 ? ~ day o,~y , ~9 96,
~.~~ ((Z~ . . _ .~ ~oth to me personally known, who
duly sworn, did sav that h~ ~1,~ ~;d- C~'~'~ ~"~.
. , , ~ , . . :. . ~ ........:. ~ .... : ....t ....
the within ~amed Co~o~ion, and that the seal affixed to said institute]is the corporate seal oi said Corpora-
tion, and that the said instrument was signed and sealed in behaH oi said Corporation by authority ot its Board
oi Directors, and . _ and
acknowledge said instrument to be the tree act and deed oi said Cor~ration.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aHixed
my official seal the day and year last above written.
............ · .. _~ _.t.?......~__ ~.,._~
· (' ~1 N~tary Public for Oregon.
My Commission expires c/'-.~_.7_.~' ~__
Count,, Ore,on
Recorded
OFFICL~,[ RTCO~!DS