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Home My WebLink About2016-065 Easement - Roscreigh Holding - CT Corporation Jackson County Official Records 2016-010277 R-E 04106/2016 03:54:34 PM Cnt=1 SHINGLJS $20.00 $5 00 $10.00 $5.00 $8.00 Total:$83.00 $11.00 $20.00 $4.00 Grantor: ROSCREIGH HOLDING LLC 1111111111111111111111111111111111111 C/O C T Corporation System 01710326201600102770040045 I Christine Walker. County Clerk for Jackson County, Oregon, certify 388 State Street Suite 420 that the instrument identified herein was recorded in the Clerk Salem, Oregon 97301 records. Christine Walker - County Clerk Grantee: City of Ashland, Oregon Document to be returned to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 True and Actual Consideration: $0.00 None Send Tax Statements to: Not Applicable PUBLIC WATER LINE EASEMENT AND AGREEMENT For REALIGNED SECTION AROUND BUILDING PAD 1. Grant. Subject to all prior easements or encumbrances of record., Roscreigh Holding LLC "Grantor"), owner of property legally described as Assessor's Map No. 391 E12 Tax Lot 500 (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee"), a permanent, appurtenant and nonexclusive easement 20 feet in width together with the right of access to the easement from adjacent land of Grantor for all activities in connection with the purposes 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 as an area ten (10.0) feet on either side of a line legally described as follows: Exhibit A, and B. (the "Easement Area"). This description is intended to describe the location of the utility as originally laid and is not to be strictly construed where reasonable variation from the actual description exists. Exhibit B is attached solely for Grantee's internal identification purposes only, and not for use in describing the easement. 3. True and Actual Consideration: $0.00, the sufficiency of which the Grantor deems sufficient. 4.. Purpose. This easement is with all purposes for of the construction, reconstruction, operation, maintenance, repair, replacement, enlargement and removal of any water line of the City, and all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities"). The further purposes of this easement is for the present and (without payment therefore) the future right to keep the easement 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 utilities. 5. Terms and Conditions. 5.1 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. 5.2 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; 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. Accept 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; Public Utility Easement And Agreement Page 1 of 2 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. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the easement and no longer has any future need thereof. 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. 8. The portion of pre-existing easement shall be abandoned and released from interest which ran in a straight line between the Point of Beginning to the Point of Termination of this easement. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this a0( day of march, 2016. GRANTOR: GRANTEE: ROSCREIGH OL ING LLC CITY ACCEPTANgE (ORS 93.808); 1 CITY OF ASHLAND, GRANTEE By: Marisa Morin M By Dave Kanner, y Administrator STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this JkOl day of March, 2016, Marisa Morin, and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL STAMP TAN RENEE DE MLLE-CAMPOS NOTARY PUBLIC-OREGON r COMMISSION NO. 929018 W COMMISSION EXPIRES JUNE 18, 2018 otary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) S Personally appeared before me this day of March, 2016, 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 COMMISSION NO. 932046 o ary Public for regon t c/ MY COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires: C1 a2 ac) ~b Public Utility Easement And Agreement Page 2 of 2 /I EXHIBIT EASEMENT A STRIP OF LAND 10.0 FEET ON ALL SIDES, AND ENDS OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE SOUTHWEST CORNER GOVERNMENT LOT 1, TOWNSHIP 39 SOUTH, RANGE 1 EAST, SECTION 12, THENCE NORTH 17°33'30" WEST, 147.00 FEET TO THE POINT OF BEGINNING, THENCE ALONG THE CENTERLINE OF THE WATER LINE SOUTH 00°27'45" EAST, 139.46 FEET, THENCE CONTINUING ALONG SAID WATER LINE SOUTH 85°46'39" WEST, 265.69 FEET, THENCE NORTH 01°14'07" WEST, 131.01 FEET TO THE POINT OF TERMINATION. THE BASIS OF BEARING FOR THIS DESCRIPTION IS THE MAP OF SURVEY FILED AS SURVEY NO. 21463 IN THE OFFICE OF THE JACKSON COUNTY SURVEYOR, OREGON. REGISTERED PROFESSIONAL LAND SURVEYOR A&,o-~ -7 /V OREGON BRADLEY F. BARBER 2806 EXPIRES 12-31-2017 DATE: 02-29-2016 391E12 TL 500 C:\Land Projects 2005\LITHIA WATER EASEMENT RELOCATION\dwg\LrrHIA WATER EASEMENT RELOCATION.dwg, 3/1/201610:04:09 AM, RICOH Afcio MP C2550 PCL 5c (temporary).PC3, Letter (8.5 x 11"), 1:50 31 EXHIBIT B 3/4" PIPE WITH _ MUSHROOM TOP - PER S/N 21463 I I SCALE 1 50' GOVERNMENT LOT 6 SECTION 12 2p~5,03, p.R EXISTING WATER LINE w PONT OF BEC;r l*n M 00 & WAS LINE- o N MEN I I z ,kSF EXISTING WATER LINE BAND D E EASEMENT CENTERLINE I i Pow of TEPi mmoN RELOCATED WATERLINE I I I ~1 2 ~O ~10 10~ 14 FUTURE BUILDING AREA I I LA LP z 12 I j~l I Ml I ~I I I I I 0' L - - 1#0, - - 585'46 39"w 10' 265.69 -4- OF AS1,1 \~y T313 "?lez V GL tiQ EASEMENT NO.I DLC GL 53 8 1992 S LS 759 REGISTERED Y MA's PROFESSIONAL LAND SURVEYOR wI t0 / . /~/LVLUK~ O N O ~ z OREGON EMIGRANT CREEK BRADLEY F, BARBER ROAD 2806 EXPIRES 12-31-2017 5/8" IRON PIN W/ALUM CAP DATE: 02-29-2016 MARKED LS759 391 TL 500 PER S/N 21463 C:\Land Projects 2005\LITHIA WATER EASEMENT RELOCATION\dwg\LITHIA WATER EASEMENT RELOCATION.dwg, 3/3/201612:53:54 PM, RICOH Aficio MP C2550 PCL 5c (temporary).pc3, Letter (8.5 x 11"), 1:50 ~J i