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Home My WebLink About2015-041 Easement - D&S Ventures Jackson County Official Records 2015-006568 R-E Cnt=1 SHINGLJS 03/09/2015 01:01:19 PM - f Cnt $20 00 $10.00 $5.00 $8.00 $11.00 Total:$77.00 $20.00 $3.00 111111111111111111111111111111111 Grantor: D & S Ventures, LLC 01 6581902015000656800w Christine Walker, County Clerk for Jackson County, Oregon, certify 1000 N. Northlake Way 133 ~h the Seattle, WA 98103 records instrument identified herein was recorded in the Clerk Grantee: City of Ashland, Oregon Christine Walker - County Clerk Document to be Returned to: Barbara Christensen, City Recorder 20 East Main Street, Ashland, OR 97520 True and Actual Consideration: $5,000.00 Send Tax Statements to: Not Applicable WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 1. Grant. Subject to prior easements or encumbrances of record, D & S Ventures, LLC, (the "Grantor"), owner of property legally described in Assessor's Map No. 39 1E 16AC, Tax Lot 300, (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns and invitees (the "Grantee"): A) a ternpcrel y, nontransferable, and nonexciusive 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 constructing a public utility; and B) a permanent, appurtenant and nonexclusive easement for placement and operation of a public utility together with the right of access to the right of way from adjacent land of Grantor for all activities in connection with the purposes described below for which this easement has been granted. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described legally as follows: Exhibit A and B, attached and incorporated, (the "Easement Area"). 3. Purpose. These easements have all purposes for: A) Temporarily mobilizing, fabricating and assembling equipment and material on the Property in preparation to constructing a public improvement, a water line with accessories and appurtenances within the Easement Area; and to store equipment, materials, and construction waste on the Property; and to have access to adjacent City-owned property as necessary for construction purposes reasonably related to the construction of said public improvement; and 1. This temporary easement shall terminate upon completion of construction of the public improvement. B) Perpetual operation, maintenance, repair, replacement, enlargement and removal of a water line, and whether they are above or underground, all necessary or desirable accessories and appurtenances to the water line (hereafter referred to altogether as "facilities") within the Easement Area. Further purposes of this easement is the present and (without payment therefore) the future right to keep the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards which might endanger Grantee's facilities or impede Grantee's activities to operate and maintain its facilities within the Easement Area, and includes the following: 4. Terms and Conditions. 4.1 Grantor shall have the right to use the area within the easement in any manner that does not reasonably interfere with facilities within the easement area. 4.2 Other than standard operation and maintenance, Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. Pursuant to such work, Grantee shall: A. Fill any and all excavations as soon as practicable after opening; B. Dispose of all brush and debris; G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT,39 1E 16AC 300 PUE Temporary Construction Easement Page I of 2 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. Accepts all responsibility for maintenance of any facilities placed on the easement. 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. 5. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the right of way and no longer has any future need therefore. 6. 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. 1u IN WIINESSSWHEREOF, the parties hereto have subscribed this instrument this day of TC _3,01C . GRANTOR: GRANTEE: D & S Ventures, LLC CITY ACCEPTANCE (ORS 83.$08); CITY OF ASHLAND, GRANT By: Daniel Mem r Dlivoe lk pn& City Admi istrat State of Washington JAIMEE 0 RANOLA silm VIISttINealaw My Appointment Expires Jun 13, 2015 *Wil STATE OF ) IV ) ss. County of +wk. ) Personally appeared before me this 1:11day of Daniel Kranzler, Managing Member and acknowledged the foregoing inst~e his voluntary act and deed. Notary 1icfor9er~o My Commission Expires: to 1 13 S STATE OF OREGON ) ) ss. County of Jackson Personally appeared before me this A~ day of Dave Kanner, City Administrator for the City of Ashland, Oregon, and acknowledg the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP _ DIANA RENEE SHIPLET • NOTARY PUBLIC-OREGON COMMISSION NO. 932046 Notary Public for Oregon MY COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires: F, 16AC 300 PL'E Temporary Construction MD AS TO FORM Page 2 of2 n e - D F' aj EXHIBIT A A water line easement, variable in width, over the eastern portion of the property deeded to D & S Ventures, L.L.C., a Washington limited liability company, as described in deed recorded as No. 99-23903 of the Official Records of Jackson County, Oregon. Said water . line easement is described as follows: Beginning at the northwest comer of Lot 2 of PINEVIEW ESTATES SUBDIVISION in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon; thence North 89°57'09" West 20.00 feet; thence North 01*17'34" West 315.00 feet; thence East 20.00 feet to a boundary line as described in agreement recorded as No. 70-08088 of said Official Records; thence South 02°19'58" East (deed record South 02120'10" East), along said agreement boundary, 109.06 feet to a found 5/8 inch iron pin per deed reference, said monument being also the point of beginning of a boundary line as described in agreement recorded as No. 70-08062 of said Official Records; thence North 89'50' 12" East (deed record North 89°50'00" East), along said agreement boundary, 2.63 feet to a found 5/8 inch rebar with plastic cap marking the northwest corner of Lot.3 of said PINEVIEW ESTATES SUBDIVISION; thence South 00°00'39" East, along the west boundary of said subdivision; 205.97 feet to the true point of beginning. Basis of Bearing: PINEVIEW ESTATES SUBDIVISION TOGETHER WITH a construction easement 50 feet in width and 315.00 feet in length, the east line of which is coincident with the west line of the above described permanent water line easement. 39-1E-16AC, Tax Lot 300 October 07, 2014 REGISTERED PROFESSIONAL LAND SURVEYOR Richard L. Bath, PLS 1069 P "a P. &t b&) Director of Surveying OREGON JULY 3."q9 . L-, ICHARD L. BATH R Hardey Engineering & Assoc. No.1069 FEA PO Box 1625; 2870 Nansen Drive RENEWS 12/311-L5- Medford, Oregon 97501 Ph. (541)772-6880; cell (541)944-0936. Email: dbathAhea-inc.com Website: www.hea-inc.com - - 3' EY-"tBtT CITY e~ ~ssH t aui7 ~a garn~~n Vj,_Uv Lane- EAST MLA In-o8088 O.2. 20.1 ~'o TL.52DU I c~ 9 i _I v I ut v 010, 1 y am jm ft 70-06M OJ MOA Y w I 2 NSf'50 12'E 200.35, ` W 170.00' I .S O NjI ~I V O N 11 1 ~ ~ o aae s ,n- ar.. ~ h p s' s ats yrt*I Ls war 3.22 / NsrsrOww _ r. 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