HomeMy WebLinkAbout2014-070 Easement - Wells Fargo Bank
Jackson County Official Records 2014-013675
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HIM 1111111111111111111111111111111111
l01626509201400136750060068
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
PUBLIC UTILITY EASEMENT
Grantor: Wells Fargo Bank, N.A., a national banking association
Grantee: City of Ashland, Oregon
Document to be Returned to: Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
True and Actual Consideration: $1.00
Send Tax Statements to: Not applicable
1. Grantor owns property described as Assessor's Map No. 39 1 E 09 BB, Tax Lot 13000, located in
the City of Ashland, Jackson County, Oregon.
2. For the sum of $1.00, receipt of which is hereby acknowledged, Grantor grants and conveys to
Grantee, a perpetual, nonexclusive easement to construct, reconstruct, install, use, operate, inspect,
repair, maintain and remove any public utilities on the real property described below and further referred
to in this easement agreement as the "Easement Area." The Easement Area is located on property
commonly known as 67 East Main Street, Ashland, Jackson County, Oregon and is more particularly
described as follows:
See Attached Exhibits "A" and "B."
3. Subject to the terms and conditions herein, 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. Grantee shall repair any damage to Grantor's premises, and any improvements thereon,
resulting from Grantee's work on or about the Easement Area and shall restore the same to substantially
the same or better condition immediately following the completion of any work on or about the Easement
Area. Grantee shall exercise due diligence to perform any work on or about the Easement Area in a
manner that minimizes any disruption to the normal business operations of Grantor (including without
limitation any excessive noise, vibration, dust or interference with Grantor's customers and employees
access to driveways, public streets, parking lots, building entrances and any automatic teller machines or
deposit boxes servicing or located on the Grantor's property). Upon completion of any work in the
Easement Area, Grantee at its sole cost and expense shall remove all equipment, supplies, waste and
other debris relating to its activities (including the repair of any damage to Grantor's premises caused by
such removal) and restore the same to substantially the same or better condition than existed prior to the
commencement of such work.
4. Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area.
5. This easement does not convey any right, title or interest to the surface of the soil, nor any other
rights except those expressly stated in this easement agreement. Grantor shall have the right to use the
Easement Area for all purposes not inconsistent with uses and purposes of the property and the
easement, provided that Grantor shall not build or place any new vertical structures or plant trees upon
the Easement Area without the prior written consent of Grantee, which consent shall not be unreasonably
withheld, conditioned or delayed. Notwithstanding the foregoing, Grantee hereby consents to the existing
EASEMENT
Page 1 of 3
improvements (including the stone wall and sidewalks), trees, grass, hedges and other landscaping
located on Grantor's property and the Easement Area as of the date hereof.
6. The easement granted herein is appurtenant to the real properties described herein. It is the
intent of the parties that the easement granted herein shall run with the land. The easement granted
herein shall be binding upon and inure to the benefit of the parties hereto, and their successors and
assigns.
7. This easement is granted subject to all prior easements or encumbrances and other matters of
record.
8. Grantee hereby agrees to hold and save Grantor harmless from any and all claims of third parties
arising from Grantee's use of the rights granted herein. In addition, Grantee shall indemnify, defend and
hold Grantor harmless from and against all claims, lawsuits (including attorney's and other professional
fees), damages, liens (including mechanics' liens), injuries, deaths, losses and expenses arising out of or
in any way relating to the use of the Easement Area by Grantee (or its contractors and agents). The
foregoing indemnity and defense obligations of Grantee shall expressly survive the termination of this
easement for any reason.
9. In case of suit, action or proceeding to enforce any rights or conditions of this contract or appeal
from said suit, action or proceeding, it is mutually agreed that the losing party in such suit, action,
proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as
set by the court hearing such suit, action, proceeding or appeal.
10. Any notice required to be sent to Grantor hereunder shall be sent by US certified mail or by any
nationally recognized courier service (e.g., Federal Express, UPS or USPS) to Grantor at the following
addresses:
Wells Fargo Bank (Corp Properties Group)
MAC# D1116-L10
1525 West W.T. Harris Blvd.,
Charlotte, NC 28262
Attn: Lease Administration (BE 192340)
With a copy to:
Wells Fargo Bank (Corp Properties Group)
MAC P6798-051
700 Washington St.
Vancouver, WA 98660
Attn: Lease Administration (BE 192340)
Phone(360)993-3755
IN WITNESS WHEREOF,the parties hereto have subscribed this instrument this IG day of 2014.
GRANTOR: GRANTEE:
Wells Fargo Ba CITY ACCEPTANCE (O S 83.808):
CI F ASHLAND, G ANTEE
'By: By..`
Name: 1 /
Dave Kanner, City Administrator
By: 1
Name:/-Joshua Sic tzler, vice resident OVE T FORM
EASEMENT ttomey
Page 2 of 3 Date
a
Whin tiro
STATE OF OREGON'" ) /n96
) ss. / / 2014
County of Clark )
Personally appeared the above named Joshua S. Gutzwiler, as Vice President of the Corporate
Properties Group, and acknowledged the foregoing\s fument to be his voluntary act an deed.
NOTARY PUBLIC U(A_A~
STATE OF WASHINGTON Notary Public for Oregon
STEPHANIE MCGUIRE My commission expires: Z 5
MY COMMISSION EXPIRES
February 05, 2018
STATE OF OREGON )
) ss. ~l u+ 10 2014
County of Jackson )
Personally appeared the above named Dave Kanner, City Administrator for the City of Ashland, Oregon,
and that said instrument was signed on behalf of said City and acknowledged said instrument to be its
voluntary act and deed. /
A
OFFICIAL SEAL Nofary Public for Oregon
DIANA R SHIPLET My commission expires: T
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135
MY COMMISSION EXPIRES NOVEMBER 28, 2014
EASEMENT
Page 3 of 3
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of J lam ~2ca v c rs ~a
On APRt~ a aGILI before me, IN A2ra ~orZrs ~sr~vn~~otARYC.
Date Here Insert Name and Title of the Officer
personally appeared Av rD Div T-L
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persorgsrwhose name(saare
subscribed to ft within instrument and acknowledged
MARIA DORIS DSILVA t me that be fie/they executed the same in
Commissions 2058794 is er/their authorized capacity(iesj and that by
NouryPublic - California iher/their signature(s)` on the instrument the
San Francisco County person(sror the entity upon behalf of which the
Comm. Expires Feb 2, 2018 r person(sracted, executed the instrument.
- - - - - - - - - - - - - - - - - - -
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature: ? ; V C_
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2013 National Notary Associations www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
FO L A X 1 0 LAND S UIZVEYING, LLC
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EXHIBIT "A"
LEGAL DESCRIPTION - POWER LINE EASEMENT
WELLS FARGO - 67 EAST MAIN STREET, ASHLAND
ASSESSOR'S MAP NO. 39 lE 09 BB, TAX LOT 13000
A variable width strip of land for power lines and appurtenances, over and across that
tract of land described within Volume 500, Page 233 of the Deed Records in Jackson
County, Oregon, said tract being in a portion of Lot 1, Block 19, Chitwood Tract in the
City of Ashland, Oregon, more particularly described and bounded as follows, to wit:
Commencing at the southwest comer of Lot 1, Block 19, Chitwood Tract in the City of
Ashland, Oregon, lying situate within the Northwest Quarter of Section 9, Township 39
South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence
North 23'11'20" East, along the westerly line of said Lot 1, a distance of 33.17 feet to the
Point of Beginning; thence South 55°33'47" East, leaving said westerly line, a distance of
12.00 feet; thence North 34°26' 13" East, 6.00 feet; thence North 55°33'47" West, 2.00
feet; thence North 05°20'04" West, 10.43 feet; thence North 23°11'20" East, 8.41 feet;
thence North 66°48'40" West, 6.00 feet to the westerly line of said described Lot 1;
thence South 23°11'20" West, 21.50 feet to the Point of Beginning.
Containing 192 square feet, more or less.
Prepared by: R E G I ST E R E D
PROFESSIONAL
LAND SURVEYOR
Shawn Kampmann I Professional Land Surveyor
Polaris Land Surveying LLC JULY 14 09 98
P.O. Box 459 SHAWN KAMPMANN
02883LS
Ashland, Oregon 97520
RENEWAL DATE: 6/30/15
Date: December 16, 2013
S:~surveys\833-13\Wells Fargo Power Easement Legal.doex
P. 0. Oox 459. Ashland, Oregon 97520 A Phone: (541) 462-5009 * Fax: (541) 406-0797
Mobile: (541) 601-3000 * www.polarissurvey.com
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