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