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Home My WebLink About2015-042 Easement - Greg K Bailey Enterprises LLC Jackson County Official Records 2015-006730 R-E Cnt=1 SHINGLJS 03/1 0/201 5 09:58:20 AM $25.00$1&00$5.00$8.o0$11.00 Tota I : $82.00 $20.00 $3.00 111111111111111111111111111111111111111111111111 01658359201500067300050057 Grantor: Greg K. Bailey Enterprises, LLC Christine Walker, county Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk 4902 Mt. Ashland Ski Rd. records. Christine Walker -County Clerk Ashland, OR 97520 Grantee: City of Ashland, Oregon Document to be Returned to: Barbara Christensen, City Recorder 20 East Main Street, Ashland, OR 97520 True and Actual Consideration: $0.00 None Send Tax Statements to: Not Applicable PUBLIC ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 1. Grant. Subject to prior easements or encumbrances of record, Greg K. Bailey Enterprises, LLC, (the "Grantor"), owner of property legally described in Assessor's Map No. 39 1 E 09BB, Tax Lot 11900, (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 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 Grantee for all activities in connection and consistent with constructing a public sidewalk; and B) a permanent, appurtenant and nonexclusive easement for ingress and egress over the described area for the continual and perpetual use of the walk by the public. 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, B and C, 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 construct a public improvement, sidewalk 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 ingress and egress over the described area for the continual use of the walk by the public. 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. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the facilities; C. 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. G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\39 1E 09BB 11900 PAE Temporary Construction Easement Pagel of 2 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. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of Mhr?Cll 2yIS GRANTOR: GRANTEE: Greg K. Bailex Enterpr es, LLC CITY ACCEPTANCE (ORS 83.808); f CITY OF ASHLAND, GRANTEE By: Greg K. Bailey By;,.. Dave Kanner, City Administrator AP OVED AS TO FORM STATE OF OREGON ) AsMand kyAttomey County of Jackson ss. ) Data ~ Personally appeared before me this 3 day of rn CA Y C , 11Dj 5 6RcC7 K. BA t L Y and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP TAN RENEE MILLS-CAMPOS NOTARY PUBLIC-OREGON COMMISSION NO. 929018 Notary Public for Oregon MY COMMISSION EXPIRES JUNE 18, 2018 My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this kt4 day of ao~5 , Dave Kanner, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP ` DIANA RENEE SHIPLET NOTARY PUBLIC-OREGON o ary Public for Oregon COMMISSION NO. 932046 W COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires: G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\39 1E 09BB 11900 PAE Temporary Construction Easement Page 2 of 2 EXHIBIT A EASEMENT Beginning at the point of intersection of the northerly line of Lithia Way with the westerly line of North Pioneer Street in the City of Ashland, Jackson County, Oregon, said point being the beginning of a curve concave to the northeast having a radius of 1,402.39 feet and to which point a radial line bears S 37°51'04" W; thence along said northerly line, northwesterly 157.83 feet along said curve through a central angle of 6°26'54" to the intersection with the easterly line of Oak Street in the City of Ashland, Jackson County, Oregon; thence S 48°55'29" E, 157.75 feet to the Point of Beginning. The basis of bearings for this description is the Map of Survey filed as Survey No. 11988 in the office of the Jackson County Surveyor. REGISTERED PROFESSIONAL LA URVEYOR OREGON JULY 19, 1994 RICHARD F. ALSPACH No. 2663 Expires 3r EXHIBIT B TEMPORARY EASEMENT Beginning at the point of intersection of the northerly line of Lithia Way with the westerly line of North Pioneer Street in the City of Ashland, Jackson County, Oregon; thence N 48°55'29" W, 157.75 feet to the intersection with the easterly line of Oak Street in the City of Ashland, Jackson County, Oregon; thence along said easterly line, N 23°11'39" E, 5.25 feet; thence S 48°55'29" E, 157.75 feet to said westerly line of North Pioneer Street; thence along said westerly line, S 23°11'57" W, 5.25 feet to the Point of Beginning. The basis of bearings for this description is the Map of Survey filed as Survey No. 11988 in the office of the Jackson County Surveyor. REGISTERED [PROFESSIONAL LA N SURf OR i OREGON JULY 19. 1994 RICHARD F. ALSPACH No. 2653 Expires 12•?~11 a . EXHI BI T C cl) DATE: 2-12-2015 Q- ~IV SCALE: 1"- 30' O ~ h' \ .:s\s 4v 5 TEMPORARY EASEMENT ^ 1~~ 100, ,mss . EASEMENT;s• pp / J Q ~ Z POINT OF REGISTERED BEGINNING PROFESSIONAL LAyk) SURVEYOR TERRASURVEY, INC. OREGON PROFESSIONAL LAND SURVEYORS JULY 19, 1994 274 FOURTH STREET RICHARD F. ALSPACH ASHLAND, OREGON 97520 No. 2653 (541)' 482-6474 12-31-2015 terrain@bispnet Renewal JOB NO. A291-14 5 ~