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