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HomeMy WebLinkAbout1982-002 Easement - AbatinoliAS I;,I'll!Nrl' Tills AGRt!I!blI!NT made and entered into in t:he (]itl of ,\shland State ot' Orep. on, on tl~e day of , 19 ; by the CITY OF AStlLAN1), l~ereinat*ter ~'elTerred to as (iRAN'I'OR, anti VlCl'Oll N. LIIItl MARY R. AI~ATINO, I~erei~l;ll-ler l't,l'Ol'VOd to :IS (1 RANT EI~ S. WIII~RI~AS, (;rantor has aC<lui.'red an interest in tho land de- scribed in l~xhibit "A", attached hereto, and Grantees by. accept ante of this l~asement acknowledges that Grantor l~as no greater ~nterest in said land than is conveyed to Grantor by a Deed rocorded as l~ocml~ent No. 8~-~Q_~i5'"~ of tho official Records of .Jackson Comity, Ore¢on, and that Grantor does not in any way wafrallt or gtlaFalltec that (]rant. ecs wi].], l~ave the Fi thE to tl~e u~ .... of the iand as acainst third t)artzies. WIIERI}AS~ (;rantecs al'o thc owners ot' pl'ol)cl'ty locat'od ill the County of Jackson, State of Oregon, and more particularly described in Exhibit "B", wt~ich is attachcd hereto and i. ncorpora- ted herein as a part hereof; and WIll,RI]AS, Grantees dcs4rc to use Grantor~s property for ingress and e~.~rcss to Grantees' property; and WIII~RI~AS, Grantor anticip;ttcs that. sometime in thc future it will use ils property for an extension on Normal Avenue. NOW TIII~Rt~FOI~t~, it i5 mt~tuallv aareed as t*ollows' (;FZ~IttoF ~locs ]lel'o[~v !',~';~t', ;~"si!',~ ~B~I :4of oV('l' ~to thc Grantees aild tl~e:i r successor:; i n interest a non-exclusive case- mcnt For t!~c 1,enel'it ,:~!' (;F;l~!tec:;' 1;~nd ovoF (;F;~ntoF::; l;tnd 'for CO1TLE. HOWSt~R & CUE IiASIiMI';NT ingress and egress 'to and [-l'oln (;rantecs ' land. Th i s easement is intended to be al)purtenant to and to run with Grantee's land. · liXCI~PT as herein granted, (irantor shall co~tin~e to have the rut1 use and enjoyment of its property., Grantees shall bear Cull. responsil)ility Cot the use and enjoyment of the easement and shall hold Grantor harmless from any claim of damages to person or premises resulti~:g from the use, occupancy and po.s- session thereof by Grantees or' their successors in interest. FURTI-IliR, Grantor shall not be responsible for any maint- enance of said easement for the benefit of Grantees. Tills t~ASEHENT shall terminate when Grantor's land shall be used as a public road for the benefit o:t7 the pubi~c as a who 1 e. IN WITNESS WIIERI}OF, the parties hereto have witnessed this agreement. COTTt_E. HOWSER & CUE I:a'qi:t,.ll:N'l' &SftLAND. OREGON q7~370 STA'I'Ii 01: ()l{lit;ON ) County of Jackson ) Personally appeared Z, ~,~,-</,., Iq~,l,,,.~,, who be:ing sworn stated that she/he-1k--'-(l~3 ...... ~7~7~,-~,.-Y ........... of the above named municipal c. orpor;~ti was voiuntarily signed on behalf of the said municipal corpo- rat ion. Before me' ~ .... ~otary l~ublic fYor Oregon 2 My Commission l:xp:ires' STA'I'I~ OF OREGON ) .') SS. County of ,Jackson ) Personall>, appea-red /xj.-., ;5:._ /:7). .... I, i~,~ , who, bei. ng :~,orn s~atod that she/he ts tl~c z., .... I,..,- , of the abovc named munJcil~al COrl~O~';~tion, ;~ii'd"~]i"a]-"~]i-is ~nst~'ument was ¥'ol. untarily si.t~ned on behalf o.F the said mun.kCil)aL corpo- ration. Before me' ....... t ~ .. _ C ..................... -Z_'~_'__~_ Notary Public For Oregon bly Commission Expires: 5TATIi OF OREGON ) ) SS. County of ,Jackson ) , 19 Personall.? appeared , x<ho being sworn stated that she/he iT;---t~-e oF the above named municipa 1 corpo rat i o~-~i-n~l--t]~-~--t-}~i~-~-t rument was voluntarily signed on behall! of the said municipal corpo- ration. Be fore lne: My Commission Expires- STAT[! OF ORF, GON County o£ ,Jackson ,~,I 1 9 Personal ly appeared tl~e above named V1CTOI~ N. ABATINO and MARY R. AB/VI'INO, httsband and triter?, and acknowledged the fore- going instrument to 1)e their voluntary act. Before me' My Commissien l~xpires' CO I'I-LE, I-tOWSER L,'k CUE l!Xll l B IT Beginning at a stone monument marl<lng the Southeast corner of Tract 47 of AStII~AND ACRI~S in ,lackson County, Oregon, sai~ monument be:lng on thc t~ast line ot' [)onation l,and Cln'J.m No. 45 in Section 10, 'l'ownshil~ 59 South, Range l 15asr, Willamette Meridian, .InckSOl~ (~ot~nty, Oregon, nt a point ,792 feet South of thc Northeast corner of ~ai~l clnim; thence l!ast 20 feet to tl~e Northwest corner of tract described in instrument corded as 1)oc~unent No. 07 077]9, Ol'ficia] Records of ,Jackson County, Oregon; tl~cnce South, along the West line of said tract, and the West line of tract described in instrument recorded in Volume 572, Page 280, ,lackson County, Oregon, Deed Records, 970.24 fcc. t: more or less to the Southwest corner thereoF; thence West 20 feet to the liast line off said l)onation l~and Claim No. 4S; thence North al. ong said East line 970.24 feet more or [ess to the point of begin- ning. COTTLE. HOWSER & CUE 607 SI'3KIYOU BOULEVAFT[~ liXllll/IT Commencing at a stone mol~ument mark:in.p, the sot~theast corner of Tract No. 47 of Ashland Acres ~n .Jackson County, Oregon,. according to the official plat thereof, now of record, (said point being on the e:lst lilac, of t)onation l,a)~d Claim No. 45, in Section 10, Townshkp 39 South, Range [ l~ast of the Wil- lamette Meridian in Oregon), and being 792.0 ~cet South of the northeast corner of said Claim; thence l~st 20.0 feet, thence South 178.73 feet to the TR[/I5 POINT O1: BEGINNING; thence I~ast 268.0 feet; thence South 791.51 feet (to a point South 57029' East 1022.0 feet, South 950.82 feet and West 353.92 feet from the northeast corner of said Claim No. 45); thence West 2()8.0 feet lo 3 point 20.0 feet East of said cast line of said Claim No. 4S; thence North, paral- lel to said Claim [the, 791.51 feet to tire true point of begi. nning. COTTLE. HOWSER & CUE 607 SISKIYOU BOULEVAf~D P O. BOX