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Home My WebLink About2016-317 Easement - Kyle Taylor Construction _1acl<son ,o~,n y Official! ecorrjs 2016-041042 ' R-PUE 12/13/2016 03:19:44 PM Cnt=1 SHINGLiS $15.00 $10.00`$5 00 $8 00 $1 DO Total:$73.00 $20 00 $4.001 11 01744816201600410420030035 Christine Walker. County Clerk for Jackson County. Oregon.. certify that the instrument identified herein was recorded in the Clerk Christine Walker - County Clerk Return Document to: records. Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 PUBLIC UTILITY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record., KYLE TAYLOR CONSTRUCTION, LLC, an Oregon limited liability comany, dba Taylored Elements Construction, (the "Grantor"), owner of property legally described as Parcel 1 per Partition Plat No. P-32-2015, according to the official plat thereof, now of record, in Jackson County, Oregon (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 for a right of way 10 feet in width together with the right of access to the right of way 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 follows: An area ten (10.0) feet in width, lying Northerly of and contiguous to the South line of said Parcel 1 AND Easterly of and contiguous to the West line of said Parcel 1, (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 A is attached hereto solely for Grantee's internal identification purposes only, and not for use in describing the easement. 3. True and Actual Consideration: $1.00, 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 including but not limited to water, sewer, electricity, and communications, and whether they are above or underground, and all necessary or desirable accessories and appurtenances thereto (hereafter referred to as "facilities"). 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 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. Accepts all responsibility for maintenance of any facilities placed on the easement. Public Utility Easement And Agreement Page 1 of 2 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 right of way 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. ttLL IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this t10 day of Jj316CM 20 / (0 GRANTOR: GRANTEE: Kyle Taylor Construction, LLC, dba Taylored CITY ACCEPTANCE (ORS 93.808); Elements Construction CITY OF ASHLAND,, GRANTEE BY: ' By ' T R, Manager DAVE KANNER, City Administrator Kyle aylor Construction, LLC STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this V~0 day of ` t-1.0-Cr , 20 + b , Kyle Taylor, and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL SEAL LINDA ANNE ALEXANDER n qet NOTARY PUBLIC - OREGON Not ry Public for Oregon COMMISSION NO, 943011 My Commission Expires: rl~t r;rg7v2C1~~ MY COMMISSION EXPI" SEPTEMBER 21, 2019 STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this eday of , 20~_ , Dave Kanner, City Administrator for the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP KRISTINE BECHTOLD yNo ary Public for Oregon NOTARY PUBLIC-OREGON l COMMISSION NO. 943413 My Commission Expires: ~j MY COMMISSION EXPIRES OCTOBER 12, 2019 Public Utility Easement And Agreement Page 2 of 2 AP VI: D AS TO FORD Ashla Asst. City Attorney Dat Z- 0 EXHIBIT "A" w l CL _o o wl 0 o PARCEL 1 PER PP#P-32-2015 PROPOSED 10' PUE ALMEDA DRIVE DOCE 200RIGHT OF 9 023392 AY :PER---, ORJCO ,TrLE: SATE.- REGISTERED LOCATION OF PUE 22 Nov 2016 PROFESSIONAL ASSESSOR'S WP SCALE: LAND SURVEYOR 391 EO48 TL 1418 inch 30 feet FOR. SUNCREST HOMES, LLC DRAWN BY: JEH PO BOX 1313 CHK BY. OREGON ASHLAND, OR 97540 ORIGIN. JULY 17, 1986 JAMES E. HIBBS ROTATION: 0' 2234 L.J. FRIAR & ASSOCIATES P.C. Joa#: 15134FM RENEWAL DATE 6-30-17 FeA CONSULTING LAND SURVEYORS P.O. Box 1947 Phoenix OR 97535 Phone: (5) - C LJ. FRIAR do ASSOCIATES, P.C. 2016 Email: I friar41Och372arter.27net8 Sheet 1 Of 1.