HomeMy WebLinkAbout2014-071 Easement - SOU
,Jackson County Official Records 2014-013674
R-EA
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I, Christine Walker, county clerk for Jackson county, ore0on, certify
that the instrument Identified herein was recorded In the Clerk
records. Christine Walker - County Clerk
Return Document to: _
Barbara Christensen,
City Recorder,
20 East Main,
Ashland, OR 97520
TEMPORARY ACCESS AND CONSTRUCTION EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record, Southern Oregon
University, (the "Grantor"), owner of property legally described as 391E10CD TL100 & TL 4200A1, Per
0.11 86-0 06 58 Official Records Jackson County, Oregon (the "Property") hereby grants to City of
Ashland, a municipal corporation of the State of Oregon, Grantee, its agents, independent contractors
and invitees (the "Grantee"), a temporary, nontransferable, and nonexclusive easement in gross for a
right to occupy an area on the Property with the right of ingress and egress to the easement area from
adjacent land of Grantor for all activities in connection and consistent with the purposes for which this
easement has been granted.
2. Description. The location of the easement is for over, under, in, along, across and upon the
Grantor's Property in an area legally described as follows:
See Exhibit "A" (the "Easement Area").
3. True and Actual Consideration: $1.00, the sufficiency of which the Grantor deems sufficient.
4. Purpose. This easement shall be used by the Grantee for the purpose of, but not limited to,
mobilizing, fabricating and assembling equipment and material in preparation to constructing a public
improvement; and to store equipment, materials, and construction waste; and to have access to adjacent
City-owned property as necessary for construction purposes reasonably related to the construction of
said public improvement.
Further purposes of this easement is the present and (without payment therefore) the future right to
reasonably keep the area clear and free of all obstacles that impede the Grantee's activities to complete
construction of the public improvement.
5. Terms and Conditions.
. 5.1 Grantor shall have the right to use the area within the easement in any manner that does
not interfere with activities and storage of equipment and materials within the easement area nor
access of ingress to or egress from the easement area.
5.2 Grantee, its agents, independent contractors and invitees shall notify Grantor when the
easement area is to be occupied and when material and equipment will be removed from the
premises. As a result of this occupation. Grantee shall:
A. Fill any and all excavations as soon as practicable after opening;
B. Store equipment and materials in a reasonably orderly manner and dispose of all
waste materials and construction debris;
C. Replace in their former condition all improvements, trees, ornamental shrubs and
crops, if practicable, as soon as possible after damage or destruction, but if not
practicable then pay to Grantor the reasonable value thereof.
D. Grantee and its assigned contractors shall maintain general liability insurance in the
amount of $2,000,000 for the duration of this project.
Temporary Access and Construction Easement And Agreement
Page 1 of 2
E. To pay Grantor for any and all damage that may arise from construction,
reconstruction, operation, maintenance, repair, replacement, enlargement or removal of
the facilities;
F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to
persons or property resulting from Grantee's or its duly appointed agents' performance of
the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold
Grantor harmless against all claims, suits, costs, losses and expenses that may in any
manner result from or arise out of the purpose and activities permitted under this
easement.
6. Term and Termination. This easement shall commence on the effective date of this Agreement
(The date it is executed by an authorized representative of each signing party), and shall automatically
expire two years from the date of execution or upon completion of the public utility construction,
whichever occurs first.
7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this
easement or appeal from said suit, action or proceedings, 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.
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this _ day of
, 2014.
GRANTOR: GRANTEE:
Dr. Mary Cullinan CITY ACCEPTANCE ORS 83.808);
President Southern Oregon University CITY OF ASHLAND, RANTEE
City of Ashland, Oregon
1 Dave Kanner, Ci Administrator
ay:
Dr. Mary Cullinan
0 FORM
STATE OF OREGON )
) ss. Ashland t' ty Attorney
County of Jackson
Da
Personally appeared before me this -.20 day of rVl 2014, Dr. Mary Cullinan,
and acknowledged the foregoing instrument to be her vol ry act and deed.
OFFICIAL SEAL
TREASAJSPRAGUE
NOTARY PUENJ-0 EGOIN Z 1 Qk~
COMMISSION 0.474365 Notary Public for Ore on
MY COOMMISSIRES~JAXUA0
ON.EMPIRY7, 2017 My
Commission Expires: J , 0 0,0I0
STATE OF OREGON . )
) ss.
County of Jackson )
Personally appeared before me thisa&dday of r7~~ ave Kanner, City Administrator for
the City of Ashland, Oregon, and acknowledged the foreg g instrument to be his voluntary act and
deed.
OFFICIAL SEAL I I
KRISTINE BECHTOLD
NOTARY PUBLIC-OREGON Nota Public for Oregon
COMMISSION NO. 463852 My Commission Expires: I I oZ`r' 2.byS
MY COMMISSION EMPIRES NOVEMBER 27, 2015
Temporary Access and Construction Easement And Agreement
Page 2 of 2
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