HomeMy WebLinkAbout1993-061 Easement-Payless Drug93-34 85
Recording Requested By
and When Recorded Return
/5-, DO
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That Payless Drug Stores Northwest, Inc., a
("Grantor") is the owner of that property
County, Oregon, described as follows:
Maryland Corporation
situated in Jackson
See Exhibit A attached hereto and incorporated herein by
reference ("Grantor's Property").
Grantor does hereby grant an easement unto the CITY OF ASHLAND, a
Municipal corporation of the State of Oregon ("Grantee") for and in
consideration of one ($1.00) dollar, over a portion of Grantor's
Property, which easement is for the installation and perpetual
maintenance of sanitary sewer mains and appurtenances ("Easement")
and which Easement is over the property situated in Jackson County,
Oregon ("Easement Area"), described as follows, to-wit:
See Exhibit B attached hereto and incorporated herein by
reference. It is the intent of the easement to define the
true and actual location of the sanitary sewer pipeline as
relocated. If a conflict should arise between the described
location and the actual location, the latter shall prevail and
the easement shall be defined by the sewer pipeline as laid.
Anything in this instrument to the contrary notwithstanding,
Grantee by recording this instrument and/or exercising the rights
herein granted agrees to the following conditions:
(a) The Easement herein granted are subject to all easements
and encumbrances of record and are non-exclusive provided later
granted easements shall be subject to Grantee's rights and uses.
(b) All lines, equipment and their related components and
supports placed within the Easement Area(s) by Grantee, or
Grantee's agents or contractors, pursuant to this instrument
("Grantee's Property") shall remain the property of Grantee.
(c) Grantor and its successors and assigns retain the right
to full use of the surface of the Easement Area(s) except where
Grantee has placed Grantee's Property, provided, however, Grantor
will not erect any building or major structure within the described
Easement Area(s) within Grantor's Property.
(d) Grantee shall at all times safely operate and maintain
Grantee's Property within the described Easement Area(s) and shall
promptly repair and restore to its prior condition any paving,
parking lot striping or other improvements, except planters, light
standards, buildings and other major structures, existing within
the described Easement Area(s) which are disturbed by the
construction or maintenance of ~rantee's Property by Grantee, o'~
Grantee's agents or contractors.
(e) Grantee shall not in the exercise of the within
Easement(s) unreasonably interfere or obstruct Grantor, or
Grantor's agents or contractors, in the location or construction of
any buildings located in the area adjoining the described Easement
Area(s), or unreasonably interfere with any business of Grantor.
Nothing in this subparagraph (e), however, shall allow Grantor or
Grantor's agents or contractors to construct a building or other
structure within the described Easement Area, as provided in
subparagraph (c) herein, or to unreasonably interfere with
Grantee's rights to construct, operate and maintain Grantee's
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EXItIBIT A
LEGAL DESCRIPTION OF GRAlqTOR'S PROPERTY
The land referred to in this report/policy is situated in the State of Oregon, County of Jackson and is
described as follows:
TRACT A:
Parcel 4 as shown on the Minor Land Partition recorded as partition Plat No, P-72-1991, in Volume 2,
Page 72, of Partition Plat Records of Jackson County, and filed as No. 12541 in the office of the County
Surveyor of Jackson County, Oregon.
TRACT B:
A non-exclusive easement for ingress and egress and parking over and across Parcels 1, and 3 of Minor
Land Partition Plat Nd.P-72-1991, filed as No.12541, in the office of the County surveyor of Jackson
County, Oregon, and in Volume 2, Page 72, of the "Record of Partitions Plats' in Jackson County,
Oregon.
EXHIBIT B
A strip of land 20.00 feet in width, ly[ng 10.00 feet on
each side of the following described centerltne:
as described in Document
Jackson County, Oregon for
foot strip of
Con~nencing at the south one quarter (1/4) corner of
Section 11 in Township 39 South, Range I East of the Willamette
Meridian in Jackson County, Oregon; thence WEST 265.97 feet;
thence NORTH 278. 29 feet to a sanitary sewer manhole situated at
an angle point on that strip of land as described.in Document No.
67-03662, Official Records of Jackson Couqty, Oregon for the T_RUE
POINT OF BE_QINNING: thence North 2036'33`' West 129.43 feet to a
sanitary sewer manhole; thence South 85°38'52'' West 20.08 feet to
a sa,altary sewer manhole; thence North 7°12'49'' West 180.20 feet
to a sanitary .sewer' mac,hole; thence North §2°11'64" East 83. 62
feet to a sanitary sewer manhole; thence North 89°60'22'' East
71.49 feet to a sanitary sewer manhole; thence North 1°58'24''
East 2~.93 feet to that line created by Boundary .Line Agreement
No. 9/-07764, Official Records of
the point of terminus of said 20..00
sewer line easement
Tolman Plaza - WESTECH
January 14, 1993
FESSIO~IAI.
DARRELL L. HUCK
Darrell L.. Huck
.L.S. 2023 '- Oregon ..
expires 12/31/93
Hoffbuhr & Assoc., Inc.
Jac.~,on County, Oregon
Recorded
OI~IQAL RECORDS
KATHLEEN $. BECKETT
~.~ER
Derm~
EXHIBIT B
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Property hereunder.
(f) After recording this instrument, Grantee shall provide
Grantor with a date, instrument number, book and page of recording.
Grantor warrants that Grantor is the owner of Grantor's Property,
free and clear of all liens and encumbrances whatsoever, except
those of record on the below date.
IN WITNESS WHEI~EOF, the Gran~oF has hereunto set it's hand and
seal this Z~-day of ~]~/~/ , 1993.
/
Payless D~,~rllg Stores lqorthwest, Inc.
By: .
By: '
STATE OF OREGON )
County of Clackamas )
On this2~day of ~/~/ , 19~__ before me, the
undersigned Notary Public in and for said State, personally
appeared James W. Gaube, known to me to be the Senior Vice
President of PAY LESS DRUG STORES NORTHWEST, INC., a Maryland
corporation, and acknowledged to me that the said instrument is
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the said instrument.
Notary Public ~for ~t~O
My commission expires
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