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HomeMy WebLinkAbout1993-006 Easement - Struve93-00522 GRANT OF EASEMENT The parties to this Grant are Fred J. Struve, Jr. ("Grantor"), and the City of Ashland, a municipal corporation of the State of Oregon ("Grantee") . T~m~,~~,~A~ ~, Grantor is the c,~ne~ ~ cs~ tkat certain real property in the City of Ashland, Jackson County, Oregon, described on Exhibit A attached hereto: NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable consideration the receipt of which is hereby acknowledged by Grantor, Grantor hereby grants, bargains and conveys unto Grantee, heirs, assigns and successors in its interest, a perpetual non-exclusive and mutual easement (the "Easement") to use a strip of land 10 feet in width lying 5 feet on each side of a centerline described on Exhibit B attached hereto and incorporated herein by this reference. The Easement hereby granted shall be used by Grantee for this purpose only: Grantee shall have the right to construct and install and maintain upon the Easement a sanitary sewer line and to inspect, repair, maintain and replace the same; PROVIDED, that Grantee shall repair any damage caused to Grantor's property as a result of any use of the Easement and PROVIDED further that Grantee shall indemnify and hold Grantor harmless from any claims arising against Grantor as a result of Grantee's ownership or use of the Easement. By acceptance of this Grant, Grantee further covenants to Grantor that Grantee shall bear all expenses of constructing, installing, maintaining, repairing, and replacing the sanitary sewer line within the Easement. Grantor reserves the right to use the surface of the land lying within the Easement, provided that Grantor's use shall not unreasonably interfere with Grantee's use of the Easement for the purpose stated herein. 93-0052 2 EXHIBIT A Ail the following real property, with the tenements, hereditaments and appurtenances, situated in the County of Jackson and State of Oregon, bounded and described as follows, to-wit: Beginning at a point on the easterly line of Oak Street in the city of Ashland, Jackson County, Oregon, which is 66.6 feet East, and North 14° 52' East 547.5 feet from the southwest corner of Donation Land Claim No. 41 in Township 39 South, Range 1 East of the Willamette Meridian, in Oregon; thence East 581.7 feet to the west line of the Patterson-Phelps Tracts; thence South 154.2 feet; thence West 622.5 feet, to the easterly line of Oak Street; thence North 14° 52' East along said street line 159.5 feet to the point of beginning. 93-0052 EXHIBIT B A strip of land 10 feet in width, lying 5 feet on each side of the following described line: Commencing at' the Southwest corner of Donation Land Claim No. 41 in the Southwest one-quarter (1/4) of Sec%ion 4, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 89" 57' 50" East 66.52 feet; thence North 14° 52' 12" East 170.69 feet; thence South 89° 57' 53" East · 217.30 feet; thence North 00° 02' 10" East 205.725 feet to the Northwest corner of Parcel No. 2 as set forth on that Minor Land Partition field for record on the 1st day of October, 1986 and recorded in Volume 7, page 33 of "Minor Land Partitions" in Jackson County, Oregon; thence North 00° 02' 10" East 4.39 feet to~ ~h~- northerly rlght-of-way, line of Patterson Street; thence South 89" 59' 48" East along said right-of-way line 89.01 feet to the TRUE .POINT OF BEGINNING; thence leaving said right-of-way line-North .146'-~42''' 44" West'36-96 feet to the point of terminus. The side lines of said 10 foot easement to be extended or shortened to begin on said northerly right-of-way llne of Patterson street. Sanitary Sewer Easement (Poplar Place SubdiviSion) Affects Tax Lot 220.0. August 19, 1992 ' 93-0052Z This agreement shall inure to the benefit of and be binding upon the parties and their heirs, assigns and successors in interest in perpetuity. Dated this ~7 day of ~C~---~ .. , 1992. GRANTOR o! Fred~~~~ ~' Jr. STATE OF CALIFORNIA County of Santa Clara ss. OcR q , 1992 Be it remembered, that on this ~\ day of ~o%,eF , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Fred J. Struve, Jr., known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. NOTARY PUBBIC FOR CALIFORNIA My Commission Expires: l!//Q-/q ~ Couniy, Or, ton: Recorded OITIC!^L RECORDS ~TH~EEN S. BECK~ CLE R ' -