HomeMy WebLinkAbout2009-241 Easement - Park Estates Subdivision Jackson County Official Records 2010 -003289
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$15.00 $10.00 $5.00 $11.00 $15.00 Total:$56.00
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I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the Instrument Identified herein was recorded In the Clerk
records.
Christine Walker County Clerk
Grantor: Park Estates Subdivision Home Owners Association
Grantee: City of Ashland, Oregon
Document to be Returned to: Barbara Christensen, City Recorder
20 East Main, Ashland, OR 97520
True and Actual Consideration: $1.00
Send Tax Statements to: Not applicable
PERMANENT ACCESS AND 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 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. Grantor 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 Grantor 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 Grantor reasonable notice and restore the premises
of the Grantor, 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.
PAGE 1- EASEMENT
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GRANTOR:
President, Park Estates Home Owner's Association
STATE OF OREGON
County of Jackson
This instrument was acknowledged before me on 11-12 2009, by
b&AJ'& 1 President, Park Estates Home Owner's
Association.
'o NNOTARY Nota ublic for Oregon
CoMMIssroN No. 427962 My commission expires:
MY COMMISSION EXPIRES APR, 14. 201
CITY ACCEPTANCE (ORS 93.808):
CITY OF A ND, GRANT E
A
Aew Mar a Bennett ity dminister, City of Ashland, Oregon
STATE OF OREGON
County of Jackson
The foregoing instrument was acknowledged before me this 7 day of
Therm 2009, by Martha Bennett as City Administer for the City of
Ashland.
OrFICIAL SEAL 1
SIANA. R. SHIPLET a/., i� A ,.//..i4.
NrT SARY PUBLIC OREGON Notary Pub Ic f� r Oregon
CCo.`?ii9SION NO. 405584 ry g
MY COMMIS:':l'i EXPIRES MAY 2, 2010 My commission expires: to aON
PAGE 2- EASEMENT
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LAND SURVEYING, LLC
EXHIBIT "A"
LEGAL DESCRIPTION LIBERTY STREET DEDICATION
PARK ESTATES COMMON AREA TRACT
ASSESSOR'S MAP NO. 39 1E 16 AC, Tax Lot 409
A 15.00 foot wide strip of land to be dedicated to the City of Ashland, Oregon, for public street
purposes, over and across a portion of Tract A of that land described within Instrument No. 96-
19340 of the Official Records of Jackson County, Oregon, said tract lying situate within the
Northeast Quarter of Section 16, Township 39 South, Range 1 Fast of the Willamette Meridian in
Jackson County, Oregon, more particularly described and bounded as follows, to wit;
Commencing at the southeast corner of the Northwest Quarter of the 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. 10238, on file in the office of the Jackson
County Surveyor; thence North 89 °59'22" West, along the south line of said Northwest Quarter
of the Northeast Quarter of Section 16, a distance of 20.00 feet, to the west line of Liberty Street,
the POINT OF BEGINNING; thence continuing North 89 °59'22" West, along said south line, a
distance of 15.00 feet; thence North 00 °00'39" West, along a line being parallel with and 15.00
feet adjacent to said west line of Liberty Street, a distance of 86.12 feet, to the southeasterly line
of Parcel No. 2 of that Minor Land Partition recorded on June 9, 1982 in Volume 5, Page 42 of
the Partition Plat Records of said County; thence North 47°12'03" East, along said southeasterly
line of Parcel 2, a distance of 20.44 feet to said west line of Liberty Street; thence South
00 °00'39" East, 100.00 feet, to the POINT OF BEGINNING.
Containing 1396 square feet, more or less.
Prepared by: REGISTERED
PROFESSIONAL
Shawn Kampmann L..A E''3 D SURVEYOR
Professional Land Surveyor
Polaris Land Surveying LLC ckrooPJ
P.O.Box459 JULY 14, 1998
Ashland, Oregon 97520 SHF W 02
(541) 482 -5009
Renewal Date: 6/30/09
Date: September 30, 2008
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P. 0. Box 459, Ashland, Oregon 97520 Phone: (541) 482 -5009 Fax: (541) 488 -0797
Mobile: (541) 601 -3000 www.polarissurvey.com
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