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HomeMy WebLinkAbout2012-037 Encroachment Permit - TTW LLC - 426 A Street Jackson County Official Records 2012-007382 • r R-PER 03/1212012 11:19:22 AM Cnt=1 HELMANCD $15.00$10.00$5.00$11.00$15.00 Total:$59.00 $3,00 IIIIIIIII II II III 015196412012000738200 III I,Chrletlne Walkeq County Clark for Jackson County,Oregon,certify that the Instrument Identified herein wee recorded In the Clark record.. Christine Walker-County Clerk After Recording Return To: Barbara Christensen, City Recorder 20 E. Main Street Ashland, OR 97520 CITY OF ASHLAND PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT A. Permittee Name: TTW, LLC B. Premises: 426 A Street (39 1 E 09AB Tax Lot 10 100) Address: 117 Almond Street Lots 11 and 12, Block C Ashland, OR 97520 Railroad Addition, Ashland, Phone: OR C. Permit begins: January Z, 2012 D. Payment : $190.00 E. Purpose: Allow building eaves to overhang the public right of way of Third Street. The encroachment to.be limited to 3.5 feet. F. Special Conditions: 1. The overhang must be at least 12 feet above the sidewalk surface. 2. The City acknowledges that this encroachment shall be permanent in nature and shall be in effect until the building is demolished or until an exterior remodel is done. 1. DESCRIPTION OF PREMISES: City permits Permittee to use the property described in Box B above ("the premises") on the terms and conditions stated below. 2. TERM: This permit shall begin on the date specified in Box C above and continue until terminated as provided in paragraph 11. 3. PAYMENT: Permittee shall pay City the sum specified in Box D above. 4. PURPOSE: The premises shall not be used for any other purpose than stated in Box E above. Permittee shall not use or allow the premises to be used for any unlawful purpose whatsoever. 5. SPECIAL CONDITIONS. The special conditions set forth in Box F above are made a part of this agreement. 6. INDEMNIFICATION. Permittee shall defend, indemnify and save the City of Ashland, its officers, agents, and employees harmless from any losses, claims, PAGE 1 G:\pub-wrks\eng\dept-admin\ENGINEER\ENCROACH\426 A Street Encroachment permit.doc expenses, judgments, or other damages resulting from injury to any event participant or other person or damage to property, of whatsoever nature, arising out of or incident to this permit. 7. IMPROVEMENTS. Except for the purposes described in Box E above, no improvements shall be placed in or on the premises, and no alterations shall be made on the premises without the prior written consent of City. All improvements shall be made at the sole expense of Permittee. -All improvements made by Permittee on the premises shall be and remain the property of Permittee. Permittee shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in any way, Permittee's use of the premises. 8. TAXES, UTILITIES, MAINTENANCE. Permittee shall be responsible for all taxes and assessments, if any, on all real and personal property and improvements on the premises, including real property belonging to City. Permittee shall pay for all utility services furnished to the premises. Permittee shall, at its sole expense, keep and maintain the premises at all times in an orderly, clean, and safe condition. 9. ASSIGNMENT. The provisions of this permit and all of its obligations and rights shall bind any assignee or legal successor of Permittee, and any purchaser or transferee of any interest of Permittee's in the property described in box E above. Permittee shall execute and acknowledge a memorandum of this permit as it affects the property described in Box E above in a form suitable for recording, and City may record the memorandum. 10. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the premises upon failure of Permittee to comply with any provision of this permit. City also reserves the right to enter the premises for purposes of inspection and to determine whether Permittee is complying with the provisions of this agreement and to perform acts necessary or proper for the protection, preservation, maintenance, reconstruction, and operation of the public right-of-way. 11. TERMINATION. In the event of breach of any of these permit terms, City shall have the right to immediately terminate this permit, to re-enter and repossess the premises, and to hold the same as though this permit had never been made or issued. In addition, this permit may be terminated as to all or part of the premises when needed for public purposes, or when the City determines that it is in the public's best interest, upon giving of a 30-day written notice to Permittee of its intent to terminate same. In the event of such termination, Permittee waives its rights to make a claim for any losses or damages suffered thereby. In the event of termination, regardless of how effected, Permittee shall, by the date of the termination, peaceable and quietly leave, vacate completely and surrender the premises, removing those improvements and fixtures placed or made by Permittee. If any improvements or fixtures are not removed from the premises and the premises are not completely vacated by the termination date, City may proceed to remove the same, and Permittee shall pay City, upon demand, the reasonable cost to City of such removal. PAGE 2 / G:\pub-wd<s\eng\dept-admin\ENGINEER\ENCROACH\426 A Street Encroachment permit.doc . 12. WAIVER. Time is of the essence of every provision of this permit. Failure of City to object to the violation of any provision of this permit shall not be deemed a waiver by City of a subsequent similar breach or of City's right to demand strict performance by Permittee. Signed by Permittee - Sidney T. Brown, Manager TTW, LLC STATE OF OREGON ) ) SS. County of Jackson ) Personally appeared this . day of 2012, the above named Sidney T. Brown, Manager, and acknowledged t e foregoing to be her voluntary act and deed and was signed on behalf of TTW, LLC. Before me: eertClAL SEAL Notary ublic for Oregon BRENDA L BARKER ry g NOTARY PUBLIC-OREGON My commission expires:�c,_Qu)3 e2Ui5 COMMISSION N0. 480033 MY COMMISSION EX?IM JULY 13,2015 Permit granted this 24 day of 2012, for the above named Permittee to use the premises on the terms specified above. Title: City Surveyor qp ved as to form PAGE 3 G:\pub-wrks\eng\dept-admin\ENGINEER\ENCROACH\426 A Street Encroachment permit.doc