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HomeMy WebLinkAbout2006-037 Agrmt - TAP Easements Medford Sports Park .AGREEMENT AND CONTRACT for MUTUALLY GRANTED EASEMENTS AT MEDFORD SPORTS AND COMMUNITY PARK THIS AGREEMENT, made this day of 20, by and between TALENT, ASHLAND, AND PHOENIX , (hereinafter referred to as "TAP"), and the CITY OF MEDFORD, a municipal corporation (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, CITY desires to receive a perpetual easement from TAP in exchange for granting a mutual easement of the equivalent land area to TAP at the northerly end of Samike Drive for use as an access road within the new "Medford Sports and Community Park" and; WHEREAS, the TAP'S pumping station property is currently fenced, landscaped, and irrigated, and; WHEREAS, fencing, irrigation facilities, and landscaping must be relocated to allow the intended use by the CITY; NOW, THEREFORE, for and in consideration of the foregoing and of the mutual promises hereinafter expressed, and intending to be legally bound hereby, the parties hereto do mutually agree as follows: Article 1. Scope of Mitigation Services of TAP CITY hereby agrees to perform the services set forth in Exhibit A, attached hereto and made a part of this agreement, in a good faith effort to create a landscape within the resultant reconfigured property comparable to TAP's existing property. Article 2. Data to be Furnished All information, records and maps of existing ground improvements currently held by TAP, and necessary for carrying out the work by the CITY as outlined in Exhibit A, shall be made available to the CITY without charge by TAP. The CITY shall cooperate in the carrying out the work outlined in Exhibit A without undue delay. Article 3. Personnel A. The CITY represents that it will employ at its own expense, all personnel required in performing the services under this Agreement. B. All of the work required hereunder will be performed by the CITY or under its direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under Federal, State and local law to perform such work. -1-Agreement and Contract C. CITY shall be responsible to ensure that it and any contractors and subcontractors comply with all applicable Federal, State and local laws regarding employee wages, hours, benefits, health care, and workers compensation, and shall ensure that all expenses and claims related thereto are paid promptly. Article 4. Time of Performance The work of the CITY shall be completed in accordance with a schedule developed by the parties hereto and all work covered by this Agreement shall be completed within one year from the date of this Agreement. Article 5. Changes The CITY may request changes in the scope of the services and the time of performance as set forth herein. Such changes, including any increase or decrease in the amount of time granted to the CITY, shall be mutually agreed upon by and between the parties hereto and shall be incorporated as written amendments to this Agreement. Article 6. Extras No extra work outside the scope of this agreement shall be performed by either party unless and until a mutually agreed upon "Change" by and between the parties hereto has been incorporated as a written amendment to this Agreement. Article 7. Termination of Agreement CITY or TAP may terminate Agreement if the other party fails to perform in accordance with the provisions of this Agreement by providing fifteen (15) days prior, written notice to the other by certified mail with receipt for delivery returned to the sender. In that event, either party shall be liable to the other party for any damages resulting from the breach of its obligations under this contract. Article 8. Subletting or Assignment Neither of the parties hereto this Agreement shall assign, sublet, or transfer their interest in this Agreement or any portion thereof without the prior written consent of the other. Article 9. Hold Harmless During the life of this Agreement, CITY shall make every reasonable effort to protect and hold harmless TAP from liability due to work performed by CITY. -2-Agreement and Contract Article 10. Partial Invalidity If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. Article 11. Integration This Agreement represents the entire understanding beween TAP and CITY as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Article 12. Jurisdiction This Agreement shall be administered and interpreted under the laws of the State of Oregon. Jurisdiction of litigation arising from this Agreement shall be in that state. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their proper officers the day and year first above written. CITY OF MEDFORD ATTEST: By: Title: TARP BOARD f YF Marian Telerski Mayor, City of Talent By:Akilic u Bear Mayor, City of Phoenix By: John orrison City of Ashland -3-Agreement and Contract EASEMENT The undersigned, Cities of Talent, Ashland, and Phoenix (Grantor), hereby grants to the City of Medford, Oregon, its successors and assigns (Grantee), a perpetual easement to construct, reconstruct, operate, and maintain an access driveway serving the Medford Sports and Community Park and all necessary related facilities over, across, and under the following described real property, to-wit: See Attached Exhibit "A," LEGAL DESCRIPTION and Exhibit "B," PLAT MAP. More commonly known as a portion of 2992 Samike Drive, Medford, Oregon, TO HAVE AND TO HOLD the above easement unto said Grantee, its successors and assigns, forever. The easement touches and concerns the above described real property, binds the grantor and its successors, and runs with the land. Grantor reserves the right to use any portion of the surface area within the above easement for right-of-way, driveways, walkways, ornamental landscaping and/of fencing, as long as it does not interfere with Grantee's intended uses. All public utility facilities shall be at a depth consistent with the above-mentioned uses. Mayor, City of Talent Grantor #Mar, Cit y o Ashland Mayor, City of Phoenix Grantor Mayor, City of Medford Grantee STATE OF OREGON) ) ss. County of Jackson ) Personally appeared before me the above named as for City of Medford, who acknowledged the foregoing instrument to be its voluntary act and deed this day of 200 Notary Public for Oregon: My Commission expires: EXHIBIT A EASEMENT DESCRIPTION - 381WO5 TL106 FROM CITY OF MEDFORD TO CITIES OF TALENT, ASHLAND, AND PHOENIX Commencing at the northwest corner of Donation Land Claim No. 40, Township 38 South, Range 1 West of the Willamette Meridian in Jackson County, Oregon; thence along the north boundary of said claim South. 89°55'00" East, 30.29 feet to the POINT OF BEGINNING; thence North _52°11'40" East 30.33 feet to the southwesterly right-of-way line of the northerly extension of Samike Drive as dedicated by the City of Medford in Ordinance Number 2005-69, recorded as Instrument Number 2005-26757 of the Official Records, said county; thence along. said southwesterly right-of-way line, South 37°48'20" East 23.60 feet to the northerly boundary of said claim; thence along the north boundary of said claim, North 89° 55' 00" (record South 89° 55' 33") West 38.43 feet to the point of beginning. Containing approximately 0.008 acres. HAMy Documents\PROJECTS\Sports Park\TAP lot line\Sports Park triangle legal.doc EXHIBIT B MEDFORD SPORTS AND COMMUNITY PARK 63.00' 381W05 TL106 AMedford EASEMENT TO TAP NW COR DLC 40 ® TAP EASEMENT TO MSCP LS _ L6 J Scale: 1 40' V.01 7TH' l " 2 I I r'o,, TAP Pumping Station 0%0, 0 0.. 381 W05A TL1200 w 50.00' N N N L~ ~6 pc~ cD ~ ~ 1 1 . r7 C) 7 ~1 Z ~ LINE BEARING DISTANCE L1 N 00'17'53" E 23.64' 3: L2 N 52'11'40" E 38.49' L3 S 37'48'20" E 23.60' Ln n L4 S 89'55'00" E 8.24' n L5 S 89'55'00" E 30.29' ~n c,j o L6 S 89'55'00" E 38.43' 0 cn L7 N 52' 1 1 '40" E 30.33' Area of each easement parcel: 358 sq. ft. (0.008 Acres) 0 EASEMENT The undersigned, City of Medford, Oregon (Grantor), hereby grants to the Cities of Talent, Ashland and Phoenix, Oregon, its successors and assigns (Grantee), a perpetual easement to construct, reconstruct, operate, and maintain an access driveway serving the Medford Sports and Community Park and all necessary related facilities over, across, and under the following described real property, to-wit: See Attached Exhibit "A," LEGAL DESCRIPTION and Exhibit "B," PLAT MAP. More commonly known as a portion of 2992 Samike Drive, Medford, Oregon, TO HAVE AND TO HOLD the above easement unto said Grantee, its successors and assigns, forever. The easement touches and concerns the above described real property, binds the grantor and its successors, and runs with the land. Grantor reserves the right to use any portion of the surface area within the above easement for right-of-way, driveways, walkways, ornamental landscaping and/or fencing, as long as it does not interfere with Grantee's intended uses. All public utility facilities shall be at a depth consistent with the above-mentioned uses. Mayor, City of Medford Grantor Mayor, City of Talent Grantee or, City Ashland 7ree Mayor, City of Phoenix Grantee STATE OF OREGON) ) ss. County of Jackson ) Personally appeared before me the above named as for City of Medford, who acknowledged the foregoing instrument to be its voluntary act and deed this day of 200. Notary Public for Oregon: My Commission expires: I EXHIBIT A EASEMENT DESCRIPTION - 381WOSA TL1200 FROM CITIES OF TALENT, ASHLAND AND PHOENIX TO CITY OF MEDFORD Beginning at the northwest corner of Donation Land Claim No. 40, Township 38 South, Range 1 West of the Willamette Meridian in Jackson County, Oregon; thence along the north boundary of said claim South 89°55'00" East, 30.29 feet; thence South 52°11'40" West 30.33 feet to the westerly boundary of Lot 6 of South Stage Industrial Park, according to the Official Plat thereof, now of record in Jackson County, Oregon; thence along said westerly boundary North 00°17'53" East, 23.64 feet to the Point of Beginning. Containing approximately 0.008 acres HAMy Documents\PROJECTS\Sports Padc\TAP lot line\TAP triangle legal.doc EXHIBIT B MEDFORD SPORTS AND COMMUNITY PARK 63.00' 381 W05 TL106 AMedford 'EASEMENT TO TAP NW COR DLC 40 ® TAP EASEMENT TO MSCP L5 _ L6 J !L Scale: 1 40' moo, s9 TAP Pumping Station F ~~F o 381 W05A TL1200 W 50.00' M ~ N rL~ r7 a ° 4J Z 5 LINE BEARING DISTANCE L1 N 00'17'53 E 23.64' 3 L2 N 52'11'40" E 38.49' L3 S 37'48'20" E 23.60' ° u7 .'n L4 S 89'55'00" E 8.24' uo L5 S 89'55'00" E 30.29 C14 0 L6 S 89'55'00" E 38.43' 0 L7 N 52'1140" E 30.33' Area of each easement parcel: 358 sq. ft. (0.008 Acres) EXHIBIT "A" The City of Medford, as CITY agrees and promises to: • Duly record this fully executed agreement with the County Recorder of Jackson County, Oregon prior to performing any of the on-site work described in this agreement; • Prepare plans and specifications for all proposed work and submit to the Phoenix Public Works Director and the Talent Public Works Director for approval prior to commencing said work; • Relocate the northern-most section of TAP's chain link fence, including the access gate to TAP's emergency generator so the fence is approximately perpendicular to Samike Drive in accordance with the attached Drawing, Exhibit B, re-using existing materials where feasible; • Demolish existing and reconstruct new extruded concrete borders between tree planting beds and lawn area as needed; • Design and reconstruct the existing irrigation system, including both Hunter brand rotary sprinklers for turf and drip emitters for trees; • Prepare a seedbed including soil amendments, and plant a lawn to cover the newly configured property use lines; • Prepare a suitable planting bed and plant Capitol Ornamental Pear trees with a minimum 2" caliper, as necessary along the extended Samike Drive frontage to match existing spacing; • Extend the sidewalk and Samike Drive from its current termination into the park, including curb, gutter, and park strip in accordance with City of Medford development standards; • Construct Park roadside amenities (curb cut or driveway) at the new gate location to facilitate access to the TAP emergency generator by a vehicle such as a truck and trailer or truck-crane; • And, by this agreement, grant perpetual access right of way to TAP over City of Medford property to the relocated gate for the occasional servicing, replacement, or removal of the emergency electrical generator and or pump motors and other equipment associates with the TAP pumping station.