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HomeMy WebLinkAbout2006-074 Easement - Kempner ~~~~~n County Official Records 2006-023333 Cnt=1 Stn=5 BARTLEGrP5/04/2006 08:20:09 AM "Willri/I) II' 11111111111111 1111~)ijmi 01191710200600233330030033 I, Kathleen S. Beckett Cou certil'y that the Inst""';'ent '~~n~'~~;~ ~or Jackson County, Oregon, records. ere.n was recorded in the Clerk Kathleen S. Beckett - County Clerk Grantors: Kenneth M. Kempner Cheryl L. Kempner 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 Actual Consideration: Send Tax Statements to: PERMANENT UTILITIES EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantors grant 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, lines for electricity, sewer, water, gas and telecommunications on real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon, and is described as follows: See the attached Exhibit A. 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 removed, provide Grantors reasonable notice and restore the premises of the Grantors, disturbed by Grantee, as near as practicable. PAGE 1-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\391 E05CA 1100 Kempner PUE to City.doc 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 encumbrances of record. GRANTOR: A- y '-? Kenneth M. Kempner ~ ~ State of Oregon County of Jackson Ofl"OIAL SEAL. SHIRLEY A. ROBERTS ," NOTARY PUBLIC - OREGON MY COMMfSS~g~~~~~~~~ ~~C~~~~~~09 Notary Public r egon 'J! 7/ My commiss n expires: I d-;'&..) 07 This instrument was acknowle e / ./" - .J "l III - 1'6 -.z...uo a, OFFICIAL SEAL JARED BRUIIBLE NOTARY PUBLlc-oREGON COMMISSION NO. 388718 MY COMMISSION EXPIRES JAN. 18,2008 f PAGE 2-EASEMENT G:\pub-wrks\engldepl-adminIENGINEERlEASEMENT\391 EOSCA 1100 Kempner PUE to City,doc EXHIBIT A EASEMENT FOR PUBLIC UTILITIES A strip of land 5.00 feet in width situated within the Southwest one quarter of Section 5, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County Oregon being more particularly described as follows: The Southerly 5.00 feet of Lot No. 19 of the Nichell Plate Addition, as now of record. The southerly line of the easement being contiguous to the Southerly line of said Lot No. 19. Public Utility Easement Kempner to City of Ashland 39 1 E 05CA - 1100 January 27,2006 PAGE 3-EASEMENT G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\391 E05CA 1100 Kempner PUE to City.doc CITY OF ASHLAND NOTICE OF TRANS MITT AL TO: Barbara Christensen DATE: PROJECT: JOB NO.: SUBJECT: June 6, 2006 Public Utility Easement Document for Filing THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original recorded public utility easement granted to the City by Kenneth and Cheryl Kempner on Lot39IEOSCA-llOO. (~6 "::>ra./her sI.) ENCLOSED X UNDER SEPARATE COVER REMARKS: for filing in City records COPIES TO: Department OfPUbli1!S By: James H. Olson Title: City Surveyor PUBLIC WORKS 20 E. Main Street Ashland, Ore!jOn 97520 WWW.aShland.or.us Tel: 541-488.5587 Fax: 541-488-6006 TTY: 800.735.2900 rA1