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HomeMy WebLinkAbout2004-002 Easement - Parks CommissionLawyers Title Insurance Corporation 1400 Ashland Street Ashland, Oregon 97520 Tel: (541) 488-2240 Fax: 488-1786 01/02/04 Barbara M. Christensen City Recorder 20 E Main Street Ashland, OR 97520 Re: Escrow No. 122052 Loan No. We are pleased to advise you that the above numbered escrow has been completed. We would like to thank you for allowing Lawyers Title Insurance Corporation to assist you in your title and escrow needs. Enclosed please find your recorded security document and HUD settlement statement, if applicable. NOTICE: THE HUD SETTLEMENT STATEMENT WHICH IS ENCLOSED HEREWITH OR ATTACHED HERETO MAY NOT BE AMENDED, SUPPLEMENTED OR CHANGED IN ANY WAY WITHOUT THE EXPRESS PERMISSION OF LAWYERS TITLE INSURANCE CORPORATION. A COMPLETED COPY OF THE STATEMENT HAS BEEN RETAINED IN OUR ESCROW FILE, AND WE WILL BE HAPPY TO ASSIST YOU WITH ANY CHANGES WHICH ARE AUTHORIZED UNDER RESPA REGULATIONS. Please be advised that your Policy of Title Insurance will follow shortly. Thank you for the opportunity to be of service to you. Sincerely, ~s~wA~cder Enclosures 03 57939 Grantor: Grantee: Document to be Returned to: True and Actual Consideration: Send Tax Statements to: City of Ashland, Oregon City of Ashland, by and through its Park Commission Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $~ .oo Not applicable Conservation Easement Grantor declares that Parcel No. 2 of that land partition filed for record on June 7, 2002, and recorded as partition plat No. P-35-2002 in Index Volume 13, Page 35 of the Partition Plats in Jackson County, Oregon; is and shall be conveyed, transferred, leased, encumbered, occupied, built upon, or otherwise used or improved, in whole or in part, subject to this Conservation Easement. Each condition and restriction set forth in this easement shall run with the land for all purposes, shall be binding upon Grantee and its successors and assigns and shall inure to the benefit of the Grantor. The Conservation Easement shall exist on the following described property for the retention and protection of the California Bay Laurel tree located on the property: A circular area having a radius of 28.00 feet and an area of 2463 square feet the center of which is described as follows: Commencing at a 5/8 inch iron pin with a plastic cap marked "Osmus PLS 2464" monumenting the Southeast corner of Parcel No. 2 of that land partition filed for record on June 7, 2002, and recorded as partition plat No. P-35-2002 in Index Volume 13, Page 35 of the Partition Plats in Jackson County, Oregon; thence North 60° 32' 25" West, 75.0 feet more or less to the center of a 36 inch diameter California Bay Laurel for the radius point of the circular easement. Excepting therefrom any portion of the above described easement lying within five feet of the existing house. Grantee shall not remove, damage, alter, trim or cut this tree, except Grantee may prune the tree using generally accepted conservation pruning techniques. No construction activity shall occur within the tree's drip line, including, but not limited to, dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. The area within the drip line shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or run-off. No excavation, trenching, grading, root pruning or other activity shall occur within the drip line. If the tree dies or becomes diseased or downed for LAWYERS TITLE has recorded this Instrument by r~quest as an accommodation only, and has [~;ot examined it Io~ regui~fity and sufficiency or as to its effect upon the title to any real property that may be described therein. G:\legal\PAUL\REAL\easement - conservation for tree [bryant property].wpd 03 5?959 any reason, regardless of the cause or fault, it shall be replaced by Grantee with a minimum I ½-inch caliper healthy and well-branched tree of the same species. GRAN~, City'nd State of Oregon County of Jackson This instrument was acknowledged before me on ¢~X.x_.,~,¢~-~ ¢ ~ , 2003, by Gino Grimaldi, as City Administrator of the City ¢ Ashland, O~gon. ~~ SoNjO~Fi~iIA~¥1~MA. ~ N~[ary ~lic for Oregon -- ~.:...~..;~ NOTARY PUBLIC - OREGON ~ MV Commiss on exp res' [~ \~...,'~....,Y,/ COMMISSION NO. 355829 ,~ - - ' ~.~~_ A_P_RI[_[_20_08_ _;..'""~:~/.~.~ MY COMMISSION I~XPIRES APRIL 6, 2008 Jackson County, Oregon Recorded OFFICIAL RECORDS AUG 2 5 2OO3 COUNTy CLERK G:\legal\PAUL\REAL\easement - conservation for tree [bryant property].wpd