HomeMy WebLinkAbout1988-057 Easement - SmithEASEMENT AND HOLD HARMLESS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that THE CITY OF ASHLAND,
OREGON, a Municipal Corporation of the State of Oregon, hereafter
referred to as,. "Grantor", hereby grants, bargains, sells and
conveys an Easement to allow a building owned by the Grantees
and which presently exists, to occupy the Grantor's street
right-of-way on Hargadine Street and, as said building presently
exists, to RANDY C. SMITH and LESLIE J. SMITH, husband and wife,
hereinafter called "Grantees", and to their heirs, successors
and assigns; said Easement to be at the location where the building
owned by the Girantees encroaches onto the Hargadine Street right-
of-way, which is owned by the Grantor.
Said iEasement is for the benefit of the Grantees' land,
more particularly described as set forth on Exhibit "A", which is
attached hereto and incorporated herein.
The term of this easement is for thirty-one (31) years
from the date hereof and is to terminate at a earlier time if the
encroaching part of the Grantees' building is destroyed by fire,
or other casulty, to such an extent as to require a building permit
to reconstruct: the part of the Grantees' building that is
encroaching.
A further limitation is that %he Grantees, for themselves,
their heirs, successors and assigns, do covenant that there will
be no application for a building permit to modify or add to the
part of the building that is in encroaching on the Grantor's right-
of-way.
Further, the Grantees, for themselves, their heirs,
successors and assigns, do covenant and agree to hold the Grantor,
its officers, agents and employees, harmless from any loss or
liability of any kind, whatsoever, relating in any way to the
granting of this Easement, or the building encroaching onto
-1- Easement
RONALD L. SALTER
ATTORNEY AT LAW
~4 THIRD STREET
ASHLAND, 0~EI3nN g'TS'~-O
,SS-20765
the Grant°r's street right-of-way. It is agreed that said covenant
by the Grantees does touch and concern the land and is intended to
be a covenant binding not only on the Grantees, but on their heirs,
successors and assigns as well.
The consideration for this agreement are the mutual
promises contai!ned herein.
This instrument will not allow use of the property described
in this instrument in violation of applicable land use laws and
regulations. Before signing and accepting this instrument, the
person acquiring fee title to the property should check with the
appropriate city or county planning department to verify approved
uses.
WITNESS OUR HANDS AND SEALS this ~?iday of August, 1988.
GRANTEES:
RANDY ~ SMITH
....
CITY OF~SHLAND - Grantor
Nan Franklin, Recorder
STATE OF OREGON )
: SS.
County of Jackson)
On this ~ff3 day of August, 1988, before me appeared GORDON
MEDARIS and NAN FRANKLIN, both to me personally known, who being
duly sworn did say that he, the said GORDON MEDARIS is the Mayor,
and she, the said NAN FRANKLIN is the Recorder of the City of Ashland,
the within named muniCipal corporation, and that the said instrument
was signed by the authority of the City Council of said City, and
that said GORDON MEDARIS and NAN FRANKLIN each acknowledged to
me that said Easement was the free and voluntary act and deed of
said City.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year last above written.
N0~ary.~ublic for Oregon
My Commission expires: . /-~-~Q _
REINALD L. SALTER
ATTORNEY AT LAW
94 THIRD STREET
A~HLAND, E]~EI3FIN 9752[3
-2- Easement
SO"IJA N. AKER.~,AN
NOTAR t P,,.~',dC - C.:,~.~ON
I..~Y C~mmis, s.i.o~n:i~x., .P:i_r.eL,~.~/_~5 :_~[
STATE OF OREGON )
: SS.
County of Jackson)
BE IT REMEMBERED that on this '29th day of September, 1988
before me the undersigned, a Notary Public in and for said County
and State, personally appeared the within named RANDY C. SMITH and
LESLIE J. SMITH, husband and wife, who are known to me to be the
identical individuals described in and who executed the within
instrument, having acknowledged to me that they executed the same
freely and voluntarily.
IN WITNESS WHEREOF, I have hereun_t~Q set my hand and seal
th,,e,,,,d~,,a~d year last above written~'~'~~ /~~~_._.
~'~ ~' ~,' .~ ~otary ~ublic fo~ego~/
-3- Easement
i~I3NALD L. SALTEI:2
ATTORNEY AT LAW
94 THIRD STREET
AE~HLAND, FI~EBI~N 975~-0
LA-34750
EXHIBIT "A"
Beginning a't a point 10.0 feet North and 55.0 feet South 89°54'
East of the southwest corner of Donation Land Claim No. 42 in
Township 39 South, Range i East of the Willamette Meridian in
Jackson County, Oregon, said point being on the north line of
Hargadine Street as located and platted in the City of Ashland,
Oregon; thence continue South 89054' East, along said north line,
113.9 feet to an intersection with the southerly side line of a
25.0 foot wide street; thence North 51° West, along said
southerly line 93.8 feet; thence South'35°04' West 70.6 feet,
more or less, to an intersection with the-north side line of
Hargadine Street, to the point of beginning.
(Code 5-1, Account #1-6866-0, Map #391E9BD, Tax Lot #6000)
Jackson, Count", Oxegon
Recoxded
OFFICIAL RECORDS
OCT 3 1988
KATHLEEN S. BECKETT
CLE and Rt~C~RDEB