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Home My WebLink About2009-230 Easement - Kurtz & Walsh " ~~~kson County Official Records 2009-042873 Cnt=1 Stn=10 ALONZO~~/18/2009 10;43;40 AM '1!i1ljj"jlli~fliiiiHi 11~ilii)i _ 014~2~42200900428730040046 I, Christine Walker,_County Clerk for Jackson County, Oregon certify . ~:~~~::, Inslruf!!ent Identlne~d herein WilS recorded In the Clerh' Christine Walker - County Clerk Grantors: Scott A. Kurtz and Ellen O'Connell Walsh, Trustees, Kurtz-Walsh Family Trust dated May 24,2001 City of Ashland, Oregon Barbara Christensen, City Recorder 20 East Main, Ashland, OR 97520 Three (3) water and three (3) sewer services Not applicable Grantee: Document to be Returned to: True and Actual Consideration: Send Tax Statements to: PERMANENT ACCESS AND 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 access and utility improvements, including but not limited to street, retaining walls and landscaping improvements and 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 on the attached Exhibit A. 2. Use of surface. Grantors shall have the non-exclusive 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. Runs with Land. All conditions and restrictions contained in this Easement shall run with the land until such time as any condition or restriction is removed by written and recorded amendment executed by City that the condition or restriction is no longer required. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the easement area is and shall be conclusively deemed to have consented and agreed to every condition and restriction contained in this Easement, whether or not any reference to this Easement is contained in the instrument by which such person or entity acquired and interest in the Property. 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. Upon violation of any condition or restriction contained in this Easement, City may seek any available legal or equitable remedy to enforce this Easement. 6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. ~ liC I~Ji~./ urtz Ellen O'Connell Walsh, e Kurtz-Walsh Family Trust dated May 24,2001. ~ PAGE 1-EASEMENT G:,<>ub-wrks\eng\dept-admin\ENGINEER\EASEMENnKurtz Walsh Access & PUE 9 23 09.doc / STATE OF OREGON County of Jackson This instrument was acknowledged before me on 10-;( 9 2009, by Scott A. Kurtz and Ellen O'Connell Walsh, Trustees of the Kurtz-Walsh Family Trust dated May 24, 2001, . OFFICIAL SEAL . NANCY E. SLOCUM i NOTARY PUBLIC-OREGON " ..' COMMISSION NO. 421357 MY COMMISSION EXPIRES SEPT. 18. 2011 CITY ACCEPTANCE (ORS 93.808): CITY 0 ASHLAND, GR TEE , Ity Administer, City of Ashland. Oregon STATE OF OREGON County of Jackson ,..f t1. T~egOing instrument was acknowledged before me this L day of OvfM. ,2009, by Martha Bennett as City Administer for the City of Ashland. ~~ Not'" P,";oIO'- 0 ";;, ~ I ~;J My commission expires: fVI,J.{ 010 OFFICIAL SEAL DIANA R. SHIPLET NOTARY PUBLlC.OREGON COMMiSSION NO. 405584 MY COMMISS:OIJ eXPIRES MAY 2, 2010 PAGE 2-EASEMENT G:\pub-wrkslengldept-adminIENGINEERIEASEMENl\Kurtz Walsh Access & PUE 9 23 09.doc ;L POl-Aa.I@ LAND SURVEYING, LLC -~--'" , ~ .,~ ".~ ~,~ ~ - ~~ . ~ u _ .o;-"=w--- __m _-.1\ il .+ ..... Pi " '" '" '" '" '" '" .". EXHIBIT "A" LEGAL DESCRIPTION - LIBERTY STREET DEDICATION KURTZ- WALSH F AMIL Y TRUST TRACT ASSESSOR'S MAP NO. 39 1 E 16 AC, Tax Lot 100 A variable width strip of land to be dedicated to the City of Ashland, Oregon, for public street purposes, over and across that tract ofland described within Instrument No. 2007-032802 of the Official Records of Jackson County, Oregon, said tract lying situate within the Northeast Quarter of Section 16, Township 39 South, Range I East of the Willamette Meridian in Jackson County, Oregon, more particularly described and bounded as follows, to wit; BEGINNING AT the southeast comer of the Northwest Quarter ofthe Northeast Quarter of Section 16, Township 39 South, Range 1 East, of the Willamette Meridian in the City of Ashland, Jackson County, Oregon, as shown on Survey No. 11489, on file in the office of the Jackson County Surveyor; thence North 89059'22" West, along the south line of said Northwest Quarter of the Northeast Quarter of Section 16, a distance of20.00 feet, to the west line of Liberty Street; thence continuing North 89059'22" West, along said south line, a distance of 15.00 feet; thence South 21047'00" West, leaving said south line, a distance of 47.48 feet; thence South 23018'05" West, 46.90 feet; thence South 66042'30" East, 25.00 feet, thence North 23018'05" East, 37.08 feet to a 5/8 inch iron pin at an angle point on the easterly line of that tract of land described within Instrument No. 2007-032802 of the Official Records of said County; thence continuing North 23018'05" East, along said described easterly line, a distance of32.71 feet to a 5/8 inch iron pin; thence North 32001'20" East, 38.85 feet, to the POINT OF BEGINNING. Containing 2643 square feet, more or less. Prepared by: REGlSTERED PROFESSIONAL LAND SURVEYOR ::5f--~/"~- OREGON JULY 1,,1. '1990 SHAWN KAMPMANN 02883LS Shawn Kampmann Professional Land Surveyor Polaris Land Surveying LLC P,O, Box 459 Ashland, Oregon 97520 (541) 482-5009 Renewal Date: 6/30/11 Date: October 8, 2009 S:\survcys\494-08\Liberty Dedicalion-Kurtz LegaLdoc . t....... P.O. 8 0 x 4- 5 9, A 5 h 113 n d, 0 reg 0 n 9 75 2 0 "tI' Ph 0 n e: (54- 1) 4- 8 2 - 5 0 0 9 u F 13 x: (54- 1) 4- 8 8 - 0 79 7 '-: Mobile: (541) 601-3000 "t:r www.polarissurvey.c;om 3 ~ ~ ~ ~ ~ o ~ .... ~ ~ OJ ~ ~ N "-l ~ N \/) 2J I ",f.,~ ~h I ~~~ ,~ ~iil~ ~ ~~~ ~!~ 0' Q c"l !:; ~ 00;: ~ f"'\ ...... V) ~~ ~~ I o ,;;~ r:~~ a ~ , ~Q c:i ~ ....Y ,s/_ 11\ Q:::: <\i (\j ',02 /2 csf5 ~<\i '/0 ~o.. ~ 'C'.("' /f,- ~ 0, .yo '" /& "<c-l' g <: .yif ~ ~-l^if <" .? O ~ ~ --->'0 n '&'0' ~ if .y ''''-l'c..... ~ .&,/>. 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