HomeMy WebLinkAbout1993-075 Easement - ACFS93-4236~
MODIFICATION OF EASEMENTS
FOLLOWING IS an agreement to modify certain easements
entered into thls,g & day of ~f~. , 1993, by and between
the City of Ashland, Oregon, a municipal corporation,
hereinafter referred to as the "City", and Ashland Community
Food Store, Inc., an Oregon corporation, hereinafter referred
to as "ACFS";
WITNESSETH :
THAT WHEREAS, ACFS owns certain real property in Jackson
County, Oregon, encumbered by certain utility easements as set
forth in Document No. 81-21859 and 90-07425, and modified in
that certain instrument recorded as Document No. 92-33390, of
the Official Records of Jackson County, Oregon; L-
AND WHEREAS, the city is the owner of said easements;
AND WHEREAS, it is the mutual desire of the parties that
the location of said easements should again be modified for
purposes of development of the servient real property;
NOW, THEREFORE, in consideration of the mutual covenants
e '
con_alned herein, the parties do hereby agree and bind
themselves as follows:
Effective with the execution of this instrument, the
location of the easements identified in the documents referred
to above shall be considered relocated to the strips described
on Exhibits "A" and "B" attached. Exhibit "A" describes the
power line easement and Exhibit "B" describes the storm drain
easement.
Except as expressly modified herein, said easements shall
remain in full force and effect.
This instrument was executed upon the authority of the
Board of Directors of ACFS and the Ci.tY Council of the City.
ASHLAND COF/MUNITY FpOD STORE, INC. .. ~'.:, u~'~ ~¥
iU '~ · I ~' ~ I,J,'D~ 005531 ~
Its President Mc .... ~:-%~'e~ ~~
CITY OF ASHLAND
CATHY ~DEN, Mayor
MODIFICATION OF EASEMENTS
Page -1-
NA~ FRJ~KLIN, City Recorder
L~W OFFIGES OF
DAVIS, GILSTRAP, HARRIS & BALOCCA
A Professional Corporation
515 EAST MAIN STREET
ASHLAND, OREGON 97520
{503) 482~3111 FAX (503) 488-4455
STATE OF OREGON )
) §
COUNTY OF JACKSON )
On this 15thday of ~, 1993, personally appeared
the above-named Erik Wallbank , President of
Ashland Community Food Store, Inc., and executed this
instrument on behalf of and with authority of, its Board of
Directors. Before me:
Notary Public for Oregon
My Commission Expires: 3/21/95
STATE OF OREGON )
) §
COUNTY OF JACKSON )
appeared the above-named CATHY GOLDEN, Mayor of the City of
Ashland, and executed this instrument on behalf of and with
· authority, of the city of Ashland. Before me:
Notary Public f~r Oregon
My Commission Expires:
STATE OF OREGON )
) §
COUNTY OF JACKSON )
On this /5. day of 1993, personally
appeared the above-named NAN FRANKLIN, City Recorder, and
executed this instrument on behalf of and with authority of the
City of Ashland. Before me:
Notary Public fJor.Oregon
My Commission Expires: ~/~./~'
B:89-470.MOD JD#94
MODIFICATION OF EASEMENTS
Page -2- ~ o~,o~s o~
DAVIS, GILSTRAP, HARRIS & BALOCCA
A Professional Corporation
Exhibit A
A strip of land 10.0 feet in width, lying 5.0 feet on each
side of the following described line:
Commencing at the southwest corner of Lot 2 in Block 22 of
CHITWOOD TRACTS in the City of Ashland, Jackson County, Oregon,
according to the Official Plat thereof, now of record; thence South
66° 53' 59" East, along the Southerly line of said Lot 2, 178.57
feet to a 5/8 inch iron pin; thence North 23° 09' 12" East 70.81
feet to a 5/8 inch iron pin; thence North 66° 50' 47" West 4.00
feet to a 5/8 inch iron pin; thence North 23° 09' 13" East 104.49
feet; thence South 66° 50' 47" East 5.00 feet to the POINT OF'
BEGINNING; thence North 23° 09 '13" East 20.61 feet; thence North
66° 49' 55" West 8.32 feet; thence North 24° 44' 22" East 54.00
feet; thence North 57° 33' 11" East 15.89 feet to the Southerly
right-of-way llne of "A" Street for the point of terminus with the
side lines of said 10.0 foot strip to be lengthened or shortened to
end on said "A" Street right-of-way.
L LAND SURVEYg~I,~ ~
Darrell L. Huck
L.S. 2023 Oregon
Expires 12/31/93
Hoffbuhr & Associates, Inc.
Power Easement
A.C.F.S.
August 10, 1993
(acfspwr.dlh)
Exhibit B
93-42369
A strip of land 10.0 feet in width, lying 5.0 feet on each
side of the f611owing described line:
Commencing at the Southwest corner of Lot 2 in Block 22 of
CHITWOOD TRACTS in the City of Ashland, Jackson County, Oregon,
according to the official Plat thereof, now of record; thence South
66° 53' 59" East, along the Southerly line of said Lot 2, 178.57
feet to a 5/8 inch iron pin; thence North 23° 09' 12" East 66.72
feet; thence south 66° 50' 48" East 31.14 feet to an existing storm
drain manhole for the POINT OF BEGINNING; thence North 4° 26' 41"
West 62.13 feet; thence North 25° 01' 20" East 116.39 feet; thence
North 8° 03' 52" East 25.30 feet to the Southerly right-of-way line
of "A" Street for the point of terminus with the side lines of said
10.0 foot strip to be lengthened or shortened to end on said "A"
Street right-of-way.
DARRELL L. HUCK )
Darrell L. Huck
L.S. 2023 - Oregon
Expires 12/31/93
Hoffbuhr & Associates,
Storm Easement
A.CoF.S.
August 10, 1993
(acfseas. dlh)
Jackson County, Oregon
Recorded
O}:FJC!AL Si-CORDS
'/2 DEC; 0 9 1995P M.
KATHLEEN S. BECKETT