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HomeMy WebLinkAbout1993-076 Easement - Watson 93-34789 Recording Requested By and When Recorded Return EASEMENT KNOW ALL MEN BY THESE PRESENTS: That James R. that property follows: Watson, a married man ("Grantor") is the owner of situated in Jackson County, Oregon, described as 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 Grantee's Property by Grantee, or 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 :~3-34V89 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 W~E~EOF, the Gra~ seal this _~ day of ~ James / :unto set it's hand and ~ 1993. ~atson; ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County personally appeared .personally NAME(SI OF SIGNER(SI to be the person]'~ whose name0~Q' subscribed to the within instrument and ac- knowledged to me that he/.~/t~executed the same in his/,~r~/t.~l~ authorized capacity(~, and that by his/I;~./t,J~ signature~on the instrument the person~;~, or the entity upon behalf of which the person'~ acted, executed the instrument. W~_~sy. hand and of,~l seal. ~ OPTIONAL SECTION ~' CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ~INDIVlDUAL [] CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A~rORNEY IN FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT fCl~C'FF/~n'~-'~ ~O ~ h~ ~ ~ TNB DOOUMBNT DEgCRIBED AT RIGNT: NUMBER OF PAGES ~ DATE OF DOCUMENT ~p~ ~ ~, ~ T~ough the data requested here is not required by law, it could prevent fraudulent reattachment of this form, SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION · 6236 Remmet Ave., P.O. Box 7184 · Canoga Pa~, CA 91309 7184 STATE OF California ) ) County of ) SS. On this day of , 1992, before me, the undersigned, a Notary Pu:;lic in and for said County and State, personally appeared the within named James R. Watson, who is 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. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and your last above written. Notary Public for California My Commission Expires: 2 93-34 9 EXHIBIT A LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Parcel 2 and 3 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 Partitions Plats" in Jackson County, Oregon. EXHIBIT B LEGAL DESCRIPTION OF SEWER LINE EASEMENT A strip of la~d 20.00 feet in width, lying 10.00 feet on · each side of the following described centerline: 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 County, Oregon for the POINT OF BEGINNING: thence North 2"36'33" West i29.43 feet to a sanitary sewer manhole; thence South 85038'52'' West 20.08 feet to a sanitary sewer manhole; thence Nortl% 7"12'49" West 180.20 feet to a sanitary.sewer' ma~aole; thence North 52"ii'54" East 83.62 feet to a sanitary sewer manhole; thence North 89"50'22" East 7Z.49 feet to a sanitary sewer manhole; thence North i"58'24" East 25.93 feet to that line created by Bou~ary.Line Agreement as described in Document No. 9i-07764, Official Records of Jackson County, Oregon for the point of terminus of said 20.,00 foot strip of sewer line easement Tolman Plaza - WESTECH January 14, Z993 { PBOFES$1OI'{AL { DARRELL Darrell L., Huck .L.S. 2023 ~ Oregon e×ptres 12/31/93 Hoffbuhr & Assoc., Jackson County, Oregon Recorded OFFICtAL RECORDS KATHLFEN S. BECKETT