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HomeMy WebLinkAbout2004-244 Easement - Sullivan __._~.___.L _ .... __. ~~~kson County Official Records 2004-071156 Cnt=1 Stn=6 HELMANco12108/2004 10:28:19 AM $1 Ilij ilflj li)i 111, /111111111 1IIIIIIijiiiiiif 01076539200400711560020026 I, K~thleen S. Beckett, County Clerk for Jackson C certify that the instrument identified here' ounty, <?regon, records, In was recorded In the Clerk Kathleen S. Beckett - County Clerk Grantors: Michael E. Sullivan Sandra M. Sullivan City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 $1.00 Not applicable Grantee: Document to be Returned to: True and AC1tual Consideration: Send Tax Statements to: PERMANENT UTILITIES EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace public utility facilities including but not limited to, Iin~9s for electricity, sanitary sewer, storm drainage, water, gas, cable television and telecommunications on real property described below and further referred to in this easement agreement as the' "easement area." The E~asement area is located in Jackson County, Oregon, and is described as follows: A strip of land 10 feet wide, the centerline of which is described as follows: Beginning at the Southwest corner of Shelterwood Condominium, Supplemental Plat No. 1, aCGording to the official plat thereof, now of record, in Jackson County, Oregon; thence North 730 27' 57" East, 86.74 feet to a point being 5 feet Easterly of when measured perpe!ndicular to the East line of the Limited Common Element (Yard) of Unit No. 1 of Sheltl3rwood Condominium, according to the official plat thereof, now of record, in Jackson County, Oregon; thence parallel to said East line, North 000 16' 28" East, 70.32 feet to a point being 5 feet Northerly of when measured perpendicular to the North lines of Units 4, 5 and 10, of said Supplemental Plat No.1; thence parallel to said North lines, EAST, 151.72 feet to the point of terminus. 2. Use of Area. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or place any structure upon the easement area without the prior written consent of Grantee. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the easement area for the purposes connected with this easement. 4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public utility facilities are constructed, maintained, replaced, reconstructed, or PAGE 1-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Shelterwood Condo PUE Easement for Sullivan 12 04.doc removed, provide Grantors reasonable notice and restore the premises of the Grantors, disturbed by Grantee, as near as practicable. 5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbranc,es of record. 7. Conditions. The Grantor, its successors and assigns, covenant that they shall not construct any building or other structure, except standard surface paving, in the easement; shall not excavate adjacent to utility facilities and shall not reduce or increase the depth of the cover over any utility facilities without the City's written consent. A utility making any excavation pursuant to this easement shall promptly fill the excavation to grade of adjoining property, restore the surface, and repair any damage to landscaping and irrigation. GRANTO~: ~~~ / Ii //' //,./ / ir;," "7 .' I.. (I (..1...../ I /-r'/ L/ ~---' Michael E. Sullivan ~. ~ (, , -~~ 0V( '-- ; Sandra M. Sullivan State of Ore!~on County of Jackson This instrument was acknowledged before me on ;.'2)0- 7 Michael E. Sullivan and Sandra M. Sullivan. 2004, by I~ ary Public for Oregon My commission expires: . OFFICIAL SEAL JAIMI ALDERSON Notary Public, State of Oregon Commission No. 3651651 mil I Ix rei lI.b. OS 2007 PAGE 2-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\Shelterwood Condo PUE Easement for Sullivan 12 04.doc