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Home My WebLink About2016-292 Easement - School District 5 Jackson Counti :fficial Records 2016-037198 R-E 11/101201603:49:21 PM Cnt=l SHINGLJS $2:0 00 $10.00 $5 00 $8 G0 $11.00 Total : $78.00 $2000S4.00 Grantor: School District 5 855 Siskiyou Blvd 01740566201600371980040048 Ashland, OR 97520 Christine Walker County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk Grantee: City of Ashland, Oregon records. Christine Walker - County Clerk 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 UTILITY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record. School District 5 "Grantor"), owner of property legally described as Assessor's Map No. 391E09DA TL100 (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 together with the right of access to the easement from adjacent land of Grantor for all activities in connection with the purpose 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 in Exhibit A and B 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 utility 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; 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. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this -T day of November, , 2016. GRANTOR: GRANTEE: SCHOOL DISTRICT 5 CITY ACCEPTANCE (ORS 93.808); CITY OF AS LAND, GRANTEE By: By a ~-e vy Auth ed re nta e Dave Kanner, City A "strator J STATE OF OREGON ) County of Jackson ) ss Personally appeared before me this I day of November, 2016, G~ and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL STAMP / JULIE CHARLENE THOMAS / NOTARY PUBLIC-OREGON COMMISSION NO. 933982 Notary Public for Oregon MY COMMISSION EXPIRES NOVEMBER 23, 2018 My Commission Expires: ~1 I its STATE OF OREGON } ) SS County of Jackson Personally appeared before me this rday of November, 2016, Dave Kanner, City Administrator for the ment to be s voluntary act and deed. u City of Ashland, Oregon, and acknowledged the forrio, OFFICIAL STAMP DIANA RENEE SHIPLET Notary Public for Oregon • NOTARY PUBLIC-OREGON My Commission Expires: D r-a 021 COMMISSION NO. 932046 MY COMMISSION EXPIRES OCTOBER 02, 2018 L J. FRIAR & ASSOCIA MS P. C TELEPHONE FAX 541-772--2782 CONSULTING LAND SURVEYORS 541-•772-8465 P.O. BOX 1947 JAMES E. HIBBS, PLS PHOENIX, OR 97535 Ijfriar0charter.net LEGAL DESCRIPTION A strip of land situated in Section 9, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, being 10 feet. in width and lying 10 feet Easterly of and 10 Northeasterly of and contiguous to the following described line: Commencing at the intersection of the Northeasterly line of Siskiyou Boulevard and the East line of Morse Street in the City of Ashland, Jackson County, Oregon; thence along said East line, North 00°00'34" West, 55.00 feet to the true point of beginning; thence along said East line, South 00°00'34" East, 55.00 feet to the aforesaid intersection; thence along the Northeasterly line of Siskiyou Boulevard, South 56°07'39" East, 35.00 feet to the point of terminus. Basis of Bearings: Survey No. 10776 PROPOSED PUE 391E09DA TL100 Suncrest Homes, LLC 16-186 October 21, 2016 FEGISTE', E \ 'RJFESSl;[ iAL LAND SURVE'Y 0 /f v REGO N \ :JLY 77, 198-S JAhvIES E. HIF]FS 22.x4 y RENE'',,,VAL DATE: 6-30-? ; Exhibit A Exibit B 16 34 ~ 10-1 W ~ I U c m I U) ~ w ASHLAND SCHOOL DISTRICT O 391E09DA TL100 34 I 10 ,moo 3 A~F \ s ,moo ho ~o e0~ vME. LAM. REGISTERED PROPOSED PUE 21 OCT 2016 PROFESSIONAL ASSESSOR'S MAP J. SCALE. L ND SURVEYOR 391 E09DA TL 100 1 inch 20 feet FOR: SUNCREST HOMES, LLC DRAWN BY. JEH PO BOX 1313 CHK BY.• OREGON TALENT, OR 97540 ORIGIN: JULY 17, 1986 JAMES E. HIBBS ROTAnON: 0' 2234 LJ. FRIAR & ASSOCIATES P. C. RENEWAL DATE: 6-30-17 ±CONSULTING LAND SURVEYORS JoB : 1s1ssFM P.O. Box 1947 Phoenix OR 97535 Phone: (541 '772-2781 C L.J. FRIAR do ASSOCIATES, P.C. 2016 FJnail: IJffla~charter.net Sheet 1 Of 1.