HomeMy WebLinkAbout2015-326 Easement - West Jackson Properities/Chmelir
Jackson County Official Records 2015-041052
R-E 12/16/2015 03:47:24 PM
RECORDING COVER PAGE PLEASE FILL OUT S20.00SO000$000$8.00$11.00 Total:$78.00
PER ORS 205.234 COMPLETE AND LEGIBLE $20.00 $4.00
THIS COVER PAGE HAS BEEN PREPARED SY THE PERSON
PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING.
ANY ERRORS IN THIS COVER PAGE DO NOT AFFECT THE
TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. 016971122015 04105200401
1. Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
AFTER RECORDING RETURN TO: records. Christine Walker -County Clerk
NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVE THE
INSTRUMENT AFTER RECORDING AS REQUIRED BY ORS 205.180(4)
AND ORS 205.238.
1. NAME OF THE TRANSACTION (S DESCRIBED IN THE ATTACHED INSTRUMENT(S) AND REQUIRED BY ORS 205,2341
NOTE: Transac on as de ned by ORS 205.010 "means any action required or permitted by state law or rule federal law or
regula on to be recorded including, but not limited to, any transfer encumbrance or release a ec ng tle to or an interest in
real property".
2. Grantor/Direct (s) as described in ORS 205,160.
~6WEsc.v [ c"
3. Grantee/Indirect (s) as described In ORS 205.160,
7" 1 1
4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contras ng to convey fee tle to any real
estate and all memoranda of such instruments, reference ORS 93.030.
5. UNTIL A CHANGE IS REQUESTED, All Tax Statements shall be sent to the following name and address:
for instruments conveying or contras ng to convey fee tle to any real estate reference ORS 93.260
6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f).
FULL PARTIAL
7. LIEN DOCUMENTS: ORS 205.234 (1) (f). Amount of Lien $
E ec ve 09/07/2012
TEMPORARY ACCESS AND CONSTRUCTION EASEMENT AND AGREEMENT
1. Grant. Subject to all prior easements or encumbrances of record, West Jackson Properties,
LLC, (the "Grantor"), owner of property legally described as 381E31 TL 1303 (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:
[A parcel of land lying in Donation Land Claim No. 48, Township 38 South, Range I East of the Willamette
Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed in the
Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25-
2009 of the Records of Partition Plats in Jackson County, Oregon, a portion of the vacated right-of-way of
West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 in
the Jackson County Official Records, and a portion of that property described in that Warranty Deed
recorded January 13, 2012 as Document No. 2012-000904 in the Jackson County Official Records; said
parcel being further described as follows:
Commencing at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009 POINT OF
BEGINNING; thence South 38°51'28"West, 142.26 feet; thence North 50°10'54" West, 207.92 feet; thence
North 12°57'30" East, 34.02 feet; thence South 77°02'30" East, 36.31 feet along the West Jackson Road
right-of-way; thence along said right-of-way line along the arc of an 80.00 foot radius curve to the right (the
long chord of which bears North 71 °08'25" East, 84.36 feet) a distance of 88.85 feet; thence continuing along
said right-of-way line North 39°19'20" East, 73.14 feet; thence continuing along said right-of-way line along
the arc of an 29.00 foot radius curve to the right (the long chord of which bears South 54°23'36" West, 15.08
feet) a distance of 15.26 feet; thence along the southwesterly right-of-way line of Rogue Valley Highway No.
63 (OR 99) South 51 °10' 15" East, 140.41 feet; thence leaving said right-of-way line South 38°51'27" West,
66.75 feet to the Point of Beginning. (the "Easement Area").
This description is intended to describe the easement location and is not to be strictly construed
where reasonable variation from the actual description may exist.
Exhibit A is attached hereto solely for Grantee's internal identification purposes only, and not for
use in describing the easement.
3. 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.
4. Terms and Conditions.
4.1 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.
4.2 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 as soon as possible and all temporary storage of
such waste shall be organized and in appropriate containers such as dumpsters, as
appropriate.
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.
Temporary Access and Construction Easement And Agreement
Pagel of3
D. Grantee and its assigned contractors shall maintain general liability insurance in the
amount of $2,000,000 for the duration of this project. Grantee and its assigned
contractors shall name Grantor as additional insured and provide a Certificate of
Insurance evidencing same with additional insured endorsement attached.
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.
G. Grantor will need access and cooperation to accomplish these tasks:
• Site construction concurrent with the pump station construction including the
parking lot that is directly adjacent to the southwest end of the pump station.
• Coordinated access to existing utilities to complete the site development of the
adjacent property
5. 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.
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 i day of [Month,
Year]. a r'«- `7
i.
GRANTOR: GRANTEE:
Jo hmelir , CITY ACCEPTANCE'(ORS 93.808);
CITY OF ASHLAND, "GRANTEE
C Lu_e~cll IL
By:
poh Chmelir B
Dave Kanner, City Administrator
STATE OF OREGON )
ss.
County of Jackson )
Jos
1,77 ej,
Personally appeared before me this _Z1 day of [Month, Year], [Enter name of signer for Grantor],
and acknowledged the foregoing instrument to be her voluntary act and deed.
OFFICIAL SEAL
SHELLY M MILLER
NOTARY PUBLIC OREGON Notary P u b I for regon
COMMISSION NO. 475247
Mvr,)iirr,,~ ~c ipvuAti~ vt 7017,P My Commission Expires: ;Z r
STATE OF OREGON )
) ss.
County of Jackson )
Personally appeared before me this 15 day of [Maiith, I'eerj, [ af;d,~
City Administrator for the City of Ashland, Oregon, and acknow dged the foregoing instrument to be his
voluntary act and dee _
OFFICIAL STAMP d
DIANA RENEE SHIPLET t~coiaera~aDl p
NOTARY PUBLIC-OREGON M~ Cowlµt~S~~M~
COMMISSION NO. 932046
Temporary Access an ConstwC0wAoNs(FMAc dft1Xa t
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