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HomeMy WebLinkAbout1993-063 Easement - Albertson's~573 - Ashland Ashland, OR g3-347 ? Recording Requested By and When Recorded Return E AS ~M~N T KNOW ALL MEN BY THESE PRESENTS: That Albertson's, Inc., a Delaware Corporation ("Grantor") owner of that property situated in Jackson County, described as follows: is the Oregon, 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 ........ : ........... :-- ~-t ........ ~_cncri~ad ~ ~ ' il 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 grant~d~ subject to all. easements and encumbrances of record and ~eZ~on-excluSlve 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 Are~4~ 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~xwithin Grantor's Property. (d) Grantee shall at all times safely operate and maintain Grantee's Property within the described Easement Area~ 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~)x which are disturbed by the construction or maintenance of Grantee's Property by Grantee, or Grantee:s agents or contractors. (e) Grantee shall not in the exercise of the within Easement~ 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~ 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 [' iNITIALS J 93-34787 EXHIBIT A LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Parcel l of Minor Land Partition Plat No. P-72-1991, filed as No. 12541 in the office of the County Surveyor of Jackson County, Oregon, and in Book 2, Page 72, of the "Record of Partition Plats" in Jackson County, Oregon. EXHIBIT B So much of the following described parcel of property as is located within the boundaries of Grantor's Property: A strip of land 20.00 feet in width, Iyl. ng 10.00 feet on each side of the following described centerltne: Con,nencimg at the south one - quarter (1/4) corner of Section 11 In Township 39 South, Range i East of the Willamette Meridian in Jackson Coumty, Ore,on; thence WEST ~69.97 feet; thence NORTtl 278. 29 feet %o a sanitary sewer mamhole sltuated at an angle point o~1 that strip of 1amd as described, tn Document No. 67-03662, Officia1 Records of Jackson County, Oregom for the IR.U~ POINT OF DEGINNING: thence North 2~36'33'' West 129.43 feet ~o a samitar~ sewer manhole; thence South 85"38'~2" West 20.08 feet to a sanitary sewer manhole; %hence North 7"12'49" W'es% 180.20 feet to a sanitary.sewer' ma~]ole; thence North 52"11'~4" East 83.62 feet to a sanitary sewer ma~ole; thence North 89"50'22" ~ast 71. 49 feet to a ssnitary sewer mmmhole; thence North 1"58'24" East 25.93 feet %o that llme crested by Boundary ,L~ne Agreement ms described in Document No, 91-07764, Official Records of Jackson Coumty, Oregon for %he point of terminus of sald ~0.,00 foot strip of la~. sewer line easement Tolma~] Plaza - WESTECH January 14, 1993 Darrell k.. Huck ,L,S. 2023 ~ Oregon expires 12/3i/93 Hoffbuhr & Assoc., Inc. Jackson County, Oregon y:t OCt 1 8 1995 M, ~THLEEN S. BECKETT ~~epu~ g3-34787 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~WH~REOF, the Grantor has hereunto set it's hand and seal this ~0~ day of July , 1993. /] ~Albertson's, Inc., a Delaware L ~ ~ ~orporation ~/ Ar~oid, Vide Presidant, Real Estate Law ~7'xlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx×.,.~;~]~[ IDAHO STATE OF C~[~R~ ) ) County of Ada ) SS. On July -~ : 1993 , before me, the undersigned, a Notary Public in and for said State, personally appeared William H. Arnold x~i~xxxxxxxxxxxxxxxxxxxxxxxxxxxxx , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President ~al~ Real Estate Law~ xS~x~m~tm~¥, on behalf of Albertson's~ Inc. , the corporate therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. . . i 3~J3~, ~_' ~.~,.~t~k.__ (This area for official ,ota~l~l-~....~2 Not~ry ~ublic in and~r the State of Idaho i ~ _ ~ '/~ My Co~ission Expires: ~' ~_ ~, _ ~ :~,,.~;~ ,ff'~ ,' 2