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HomeMy WebLinkAbout2007-034 Easement - 145 Main St LLC Jackson County Official Records 2007-006796 R-PUE Cnt=1 Stn=4 SHAWBJ 02/09/200711 :02:11 AM $10.00 $5.00 $11.00 Total:$26.00 11111111111 1111111111111 01245614200700067960020025 I, Kathleen S. Beckett, County Clerk for Jackaon County, Oregon, certify that the Instrument Identlned herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk Grantors: 145 Main Street LLC, An Oregon Limited Liability Company 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 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, remove and replace public utility facilities including but not limited to, lines for' electricity, sewer, water, storm 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: A strip ofland 5.00 feet in width located along and contiguous to the Westerly boundary line of Parcel No.2 of Partition Plat No. P-50-2006, filed for record on June 1,2006 at Index Volume 17, Page 50 ofthe Records of Partition Plats in Jackson County, Oregon. 2. Use of surface. 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 except with consent of the Grantee as specifically provided for herein. Specifically, Grantee consents to building construction over and upon the easement area provided Grantor installs (or pays for the complete installation of) an approved sleeve or conduit to fully encase and protect the public utility line and provided said encasement meets all the technical requirements and specifications agreed to in writing by the Ashland Building Official and Ashland Public Works Director, as more particularly set forth in the Official Records of the Ashland Community Development Department for Planning Action No. 2005-01704. 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. Given the construction requirements of paragraph 1, access for maintenance is contemplated to be from Lithia Way or Will Dodge Way. 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, and any buildings or improvements 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. G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\145 E Main Kendrick PUE 11 o6.doc 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTOR: STATE OF OREGON ) ) ss. County of Jackson ) The foregoing instrument wa. s acknowledged before me this /~ ft day OfC)t2I'U-(/l FJ by Robert J. Kendrick, Member: 145 Main Street LLC. ~ ~<t:~~-.~'-'" '; 'C(C1CIAL SEAL M~USSA BARNEY NOTAR', .'IJSLlC-OREGON COMMISSiON NO. 387602 MY COMMISSIOi'l EXPIRES JAN. 09, 2009 ~~:::.: " CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, GRANTEE STATE OF OREGON ) ) ss. ) ~~b~cu--u "1 6 ~() Q, ,2006 County of Jackson c;oo '7 2006; /I/L--- Notary PUblic for Oregon My commission eXPires:=-flAA1 09 ?tJ()~ The foregoing instrument was acknowledged before me this ~ day of 'f~b'ru Q r\} by John Morrison as Mayor of the City of Ashland. :1001 .~ - OFFICIAL SEAl. APRIL M. LUCAS NOTARY PUBUC-OREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 09, 2009 0~ "-\\\. ~U~ Notary Pu hc for Oregon My commission expires: \ \ 0... \ '.)..C)O '\ G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\145 E Main Kendrick PUE 11 o6.doc Jl