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Home My WebLink About2017-055 Easement - Ardell Investment Co - Safeway Market I ,k5r7r i i_= ty attlCial c c: _ i 2917-009281 R_PUE 03/2112017 01:04:33 PM Crit= i BiARR _i'VVVKL ,apt 00 - ? a u0 ;)U 8 0Li V > > 00 Total:$78.00 $220.00 $ 00 01757414201700092810040043 i.. C`+rlstilic V^Vaiker. County Clerk for- Jechson County. Oregon. Certify If, at the in strurfie rnt Identified herein v,.as recorded in tr,e Clerk Return Document to: records. Christine Walker -County Clerk 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., ARDELL INVESTMENT COMPANY, a California corporation, (the "Grantor"), owner of property legally described within Instrument No. 2016-014183 of the Official Records 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 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 in EXHIBIT "A" (the "Easement Area"), attached herein and to be made a part thereof. 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 hereto solely for Grantee's internal identification purposes only, and not for use in describing the easement. 3. True and Actual Consideration: None, the sufficiency of which the Grantor deems sufficient. 4.. Purpose. This easement is with all purposes for the construction, reconstruction, operation, maintenance, repair, replacement, enlargement and removal of any utility of the City pertaining to or affected by the easement area 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 unreasonably 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. 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 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. ~j4 IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this ~v day of February, 2017. GRANTOR: GRANTEE: ARDELL INVESTMENT COMPANY, a CITY ACCEPTANCE (ORS 93.808); Californi orporation CITY OF ASHLAND, GRANTEE " J&&& / / By: By 10A - I- i ) CAA2~:~ John rn Interim City ministrator i STATE OF(!. ,9 ,LIF ) ) ss. County of x/204 &ISE ) Personally appeared before me this~j~ay of February, 2017,~~ v and acknowledged the foregoing instrument to be their voluntary act and deed. JULIE E. BNNTt1 • COa► "$$ion it 2013"1 NOtIWY Public - Callifornis o ublic for Ir! Oran" County Commission Expires: Comm. E es May 110, 2017 STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me thisQiZ day of February, 2017, John Karns, interim 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 Notary Public for Oregon COMMISSION NO. 932046 My Commission Expires: b(,r A MY COMMISSION EXPIRES OCTOBER 02, 2018 Public Utility Easement And Agreement Page 2 of 2 I LANG URVE ING, LLC ~a 4 ?iy ,F EXHIBIT "A" LEGAL DESCRIPTION - PUBLIC UTILITY EASEMENT SAFEWAY MARKET - 585 SISKIYOU BOULEVARD, ASHLAND ASSESSOR'S MAP NO. 39 1E 09 AC, Tax Lot 14000 A Public Utility Easement to the City of Ashland, Oregon, over and across that tract of land described in Instrument No. 2016-014183 of the Official Records in Jackson County, Oregon, lying situate within the Northeast Quarter of Section 9, within Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, more particularly described and bounded as follows, to wit; Commencing at a 5/8 inch iron pin at the northwest corner of that tract of land described within Instrument No. 2016-01.4183 of the Official Records in Jackson County, Oregon; thence South o° 11' 14" West, along the east line of Sherman Street in the City of Ashland, a distance of 40.00 feet to the POINT OF BEGINNING; thence continuing South 0°11' 14" West, along said east line, a distance of 56.00 feet; thence South 89°48'46" East, leaving said east line, a distance of 5.00 feet; thence North o° 11' 14" East, being parallel with and 5.00 feet adjacent to said east line of Shennan Street, a distance of 40.00 feet; thence South 89°48'46" East, 5.00 feet; thence North 0°l V14" East, being parallel with and 10.00 feet adjacent to said east line, a distance of 16.00 feet; thence North 89°48'46" West, 10.00 feet to the POINT OF BEGINNING. REGISTERED Prepared by: .1 P F .S i A L LAND SURVEYOR Shawn Kampmann Professional Land Surveyor j,..-~~►~....._--- Polaris Land Surveying LLC M R G of P.O. Box 459 ESHTN A tell P lAINZ141 I Ashland, Oregon 97520 RENEWAL DATE: 6/3017 Date: February 24, 2017 s:lssurveys`,L097-161Safeway Public Utility Easement Legal-Revised.docx 1a. 0. Box 459, Ashland, Oregon 57520 ~ Phone: (541) 482-5009 x. Fax: (541) 46,5-0797 svws~. polari 5u~vev.to.rn Wobile: (541) 601-3000 EXHIBIT 1 fB PUBLIC UTILITYEASEVIENT WrTH N 20' 30' NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 39 SOUTH, RANGE 1 EAST, W.M. Q.R. 1979-01441 CITY OF ASHLAND, JACKSON COUNTY, OREGON FOR City OfAshland I 20 East Main Street Ashland, Oregon 97520 ~i 518" IRON PIN ~,y o 0 ALLEY o 10.00' '~Io O.R.20.16-014183 SAFEWAY MARKET SCALE: 1" = 20' 5.00' REGISTERED PROFESSIONAL LAND SURVEYOR 0 I o VARIABLE WIDTH 1 OREGON { PUBLIC UTILITY EASEMENT a1LY 14.1998 SHAWN KAMPMANN 288 LS i RENEWAL DATE: 6/30/2017 SURVEYED BY: `J POLARIS LAND SURVEYING LLC 20' JO' 5.00' P.O. BOX 459 ASHLAND, OREGON 97520 (541) 482-5009 DATE: FEBRUARY 24, 2017 PROJECT NO. 1097-16 POLARIS LAND SURVEYING