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HomeMy WebLinkAbout1987-001 Easement - GaverFORM No. 926..--GENERAL EASEMENT. $'I-EYEN$-NE$$ LAW pL,JI~LIfHING CO., pORTLAND, O[~, 9?204 TC AGREEMENT FOR EASEMENT THIS AGREEMENT, Made and entered into this 1-s-t - _ . day of _Jan.uaw_ ............ ,19 ..... 8~-_, by and between Paul. E.~ Gaver and Ethel R. Gaver, hus_ba__n.d_.a._nd w.ife _ . , hereinafter called the first party, and ..... ~j ty .of._A.s. hl.and, .a _~un.~.cipa!__.C_o_rp_o_~.a_t.ton ......................... ................. , hereinafter called the second party; V~ITNESSETH: WHEREAS: The first party is the record owner of the following described real estate in Jackson ............. County, State of Oregon, to-wit: Lot 3 of the Lithia Heights Subdivision to the City of Ashland, Oregon, Jackson County, Oregon, as now recorded. and has the unrestricted right to grant the easement hereinafter described relative to said real estate; NOW, THEREFORE, in view of the premises and in consideration oi One Dollar ($1) by the second party 'io the first party paid and other valuable considerations, the receipt of all of which hereby is acknowl- edged by the first party, they agree as follows: The first party does hereby grant, assign and set over to the second party a Public Utility Easement for the placement of Sanitary Sewer, Electrical, Cable TV and Telephone, all to be installed underground (Insert here a full description of the nature and type of the easement granted to the second party.) The second party shall have all rights of ingress and e~ress to and from said real estate (includin~ the right from time to time, except as hereinafter provided, to cut, trim and remove trees, brush, overhanging branches and ofher obsfructions.) necessary [or the second party's use, en]oyr~ent, operation and maintenance of the easement hereby granted and all rights and privileges incident thereto. Except as to the rights herein granted, the first party shall have the full use and control of the above de- scribed real estate. The second party hereby agrees to hold and save the first party harmless from any and all claims of third parties arising from second party's use of the rights herein granted. The easement described above shall continue for a period of ..... per-pet~a-I .................. always subject, however, to the following specific conditions, restrictions and considerations: All utilities to be placed underground unless otherwise approved by the Grantor (first party) herein. I£ this easement is [or a right o£ way over or across £irst party's said real estate, the )C~X)~×g(~X~q[ easement is described as follows: An easement over, across and throu.qh a strip of ]and 5.0 feet in width ]yin§ Northerly of and conti§uous to when measured normal therefrom the fol]owin§ described line: Be§inning at the Southeast corner of kot 3 of the kithia Heights Subdivision to the City of Ash]and, Oregon, Jackson County, Oregon, as now recorded; thence South 89°]7'41.. West along the Southerly boundary line of said kot 3, 125.00 feet to the Southwest corner thereof and there terminating, e×tend and/or shorten the Northerly right o wa ,lin o sai emen o lose u o he ] n stet] bound ~/~c~a~~ lines of said kot 3, as ~equired. This agreement shall bind and inure to the bene£it o£, as the circumstances may require, not only the immediate parties hereto but also their respective heirs, executors, administrators and successors in interest as well. ,, In construing this a~reement and where the context so requires, woids in the singular include the plural; ,, the masculine includes the £eminine and the neuter; and generally, all changes shall be made or implied so that thi~ instrument shall apply both to i~dividuals ard to corporations. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument in duplicate on this, the day and year first hereinabove whiten. (if the above namea first party is a corporation, use the form of acknowledg~ ~site.) ~'~ Tat_J W IORS 93.490) Cit? o~ ~ . i ~. ~- ~!.= '~~' -- "~ '~)~, i each lot h]mselt a~not o~e tor the other, did iay t~ t~e tormer Js the ,. ~- ~.~ ".,L * ~- ~ . ........................ ~ ................. preszde~nd that t~e latter is the 4~ '~ ' ,:, -~' '~';'~ "I ' '~ ~ A~ ~ ........................................... ~ ................. ~ a corpo~tlon, "~. ~:,% ~. '~ ' ' ~J H [ ~. I~ ~. ~ ~k~ to t~or~oln~strumenf is the corporate seal · . · ' ~::;/ ~'~o~,'~;~~. ~~ ~ns,~mint ~ed and sea~ in behalf SEAL) ....... ' ' Noiarf Pubhc ~:'~ My comm~slon expires:Duc 31. 1987 N~y Public for Oregon SEA~ AGREEMENT FOI~ EAISEMENT BETWEEN AND AFTER RECORDING RETURN TO SPACE ResERVED FOR RECORDER'S USE STATE OF OREGON, Jackson County, Ozego~ Recorded OFFICIAL RECORDS FEB 3 1987 KATHLEEN S. BECKETT Il Il ' r I'l'l I"