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HomeMy WebLinkAbout2017-082 Easement Packet - First American - 145 W Hersey `w ` k"' ~ r$ First American Title Company of Oregon 370 Lithia Way Ashland, OR 97520 Phn - (541)488-6840 Fax - (866)391-8367 City of Ashland April 25, 2017 51 Winburn Way File No.: 7162-2749487A (JS) Ashland , OR 97520 Re: Property: Portion of 145 W. Hersey St, Ashland, OR 97520 The closing of the above referenced transaction is now complete, For your records we enclose the following: (Keep these instruments in a safe place as some of them cannot be replaced,) • Recorded Slope Easement • Original Temporary Construction Easements • Signed Sales Agreement • Original Temporary Construction Easement and W-9 for James Grace Your Policy of Title Insurance will be forwarded separately, If checks are included in this package, please negotiate as soon as possible. Should you have any questions or need further assistance, please contact the undersigned. First American Title Company of Oregon Jeannette Rudisill, Assistant for Julie Schamanek, Escrow Officer Jackson County Official Records 2017.013702 R-E Stn-0 BARROWKL 041251201711:04:11 AM $11,00 $10.00 $20,00 $5.00 $4.00 $25.00 $83.00 $8.00 After recording, please return to: Christine Walker, County Clerk far Jackson County, Oregon, certiry that the instrument identified herein was recorded in the Clerk records. The City of Ashland Christine Walker -County Clerk 51 Winburn Way Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change This is a partial transfer for road purposes SLOPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Suncrest Homes, LLC, an Oregon Limited Liability Company grants to The city of Ashland (the city) its successors and assigns, Grantee, for the use of the public forever, a slope easement in that certain real property situated in the County of Jackson and State of Oregon, described on the attached Exhibit "A,"parcel 1 and shown on the attached Exhibit "B." The true consideration for this conveyance is $1,015.44. Including the right to construct and maintain slopes necessitated by the construction, operation, and maintenance of the public road, all public facilities, and improvements in the adjacent right-of=way. Grantee shall never be required to remove the slope materials placed by it on said property, nor shall Grantee be subject to any damages to Grantor by reasons of any change of grade of the roadway abutting on said property. This document is intended to grant an easement an the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easement granted shall not prevent Grantors from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within the easements granted herein, Grantor hereby covenants to and with Grantee that it is the owner of said property, which is free from all encumbrances, except for easements, conditions and restrictions of record, and will warrant and defend the easement rights herein granted from all lawful claims whatsoever, except as stated herein, 18250-002 Suncrest Homes LLC, an Oregon Limited Liability Company Parcel 1 ` "'i .M L r ~ ~ t ~ 4 After recording, please return to: - The City of Ashland 51 Winburn Way - Ashland, OR 97520 Until achange is requested all tax statements shall be sent to: No Change This is a partial transfer for road purposes SLOPE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Suncrest Homes, LLC, an Oregon Limited Liability Company grants to The city of Ashland (the city) its successors and assigns, Grantee, for the use of the public forever, a slope easement in that certain real property situated in the County of Jackson and State of Oregon, described on the attached Exhibit "A," parcel 1 and shown on the attached Exhibit "B." The true consideration for this conveyance is $1,015.00. Including the right to construct and maintain slopes necessitated by the construction, operation, and maintenance of the public road, all public facilities, and improvements in the adjacent right-of-way. Grantee shall never be required to remove the slope materials placed by it on said property, nor shall Grantee be subject to any damages to Grantor by reasons of any change of grade of the roadway abutting on said property. This document is intended to grant an easement on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easement granted shall not prevent Grantors from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within the easements granted herein. Grantor hereby covenants to and with Grantee that it is the owner of said property, which is free from all encumbrances, except for easements, conditions and restrictions of record, and will warrant and defend the easement rights herein granted from all lawful claims whatsoever, except as stated herein. 18250-002 Suncrest Homes LLC, an Oregon Limited Liability Company Parcel 1 IN vVITNESS, WHEREOF,the above-named Grantor, has caused this instrument to be signed. DATED this ~ day of , 20~ Charlie Hamilto uncrest Homes, LLC, an Oregon Limited Liability Company STATE OF OREGON OFFICIAL SEAL ) LORI ANN SKEETER9 S S NOTARY PUBLIC • OREGON County of Jackson ) COMMISSION Imo, g600Z0 MY COMNNII991t~V EXPIRES MARG'H 8,2021 On this day of 20 ,before me ersonall a eared Charlie Hamilton to P Y pp me known to be the memberlorganizer of Suncrest Homes, LLC an Oregon Limited Liability Company, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that he authorized to execute said instrument. ofary Public My Commission Expires Approval and Acceptance by Grantee (ORS 93.808) City of Ashland hereby approves and ac epts a foregoing Easement this day of ~ , 2017. John Ka ,Interim ity Administrator STATE OF OREGON ) ss. County of Jackson ) This instrument was acknowledged before eon I~ 2017 . , by for the City of Ashland. o OFFICIAL STAMP " DIANA RENEE SHIPLEY ~ ` NOTARY PUBLIC-OREGON COMMISSION N0.932046 Notary Public -State of Oregon MY COMMISSION EXPIRES OCTOBER 02, 2018  18250-002 Suncrest Homes LLC, an Oregon Limited Liability Company Parcel 1 EXHIBIT A -Page 1 of 2 File 18250-002 02113!2017 Parcel 1-Permanent Easement for Slopes A parcel of land lying in the SW 114 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in that Statutory Warranty Deed to Suncrest Homes LLC. as }nstrument Number 2009-044651 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property included in a strip of land 35.00 feet in width, lying an the Northeasterly side of the Hersey Street "H" center line, which center line is described as follows: Beginning at center line Station "H" 10+00.00, marked by a 3/4"iron pipe at the centerline of Hersey Street & Main Street in a monument case, said Station being North 70°01'38" West 2,313.47 feet from the Northwest corner of Donation Land Claim No, 42, Township 39 South, Range 1 East, W.M.; thence North 74°22'00" East 257.08 feet; thence on a 178.05 foot non-tangent radius curve right (the long chord of which bears North 70°52'01" East 251.73 feet) 279.58 feet; thence South 64°08'55" East 495.55 feet to a 3" brass disk in a monument case at the centerline intersection of Hersey & Laurel Streets; thence South 64°08'24" East 672.55 feet to a 3" brass disk in a monument case at the centerline of intersection Helman & Hersey Streets; thence South 64°0T53" East 387.75 feet to a 3/4" Iron Pipe in a monument case at the intersection of Water & Hersey Streets; thence North 32°22'48" East 15.37 feet; thence South 63°35'36" East 565.90 feet to a stone with a chiseled X in a monument case at the centerline of Hersey Street & Oak Street and center line Station "H" 36+73.79, said Station being North 60°30'11" East 47.68 feet from the Southwest corner of Donation Land Claim Na. 41, Township 39 South, Range 1 East, W.M. Bearings are based on Survey Number 21937 as filed in the office of the Jackson County Surveyor. This parcel of land contains 580 square feet, more or less, outside the existing right of way. Parcel 2 -Temporary Easement far Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the SW 1l4 of Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, said parcel being a portion of that property described in that Statutory Warranty Deed to Suncrest Homes LLC. as Instrument Number 2009-044651 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said property lying Northwesterly of a line at right angles to the Hersey Street "H" center line between Station "H" 22+73.00, and included in a strip of land 60.00 feet in width, lying an the Northeasterly side of the Hersey Street °H" center line, which center line is described in Parcel 1. EXCEPT therefrom Parcel 1 This parcel of land contains 682 square feet, mare or less, outside the existing right of way. EXHIBIT A -Page 2 of 2 File 18250-002 a~~3rzo~7 Parcel 3 -Temporary Easement for Work Area (3 years or duration of Project, whichever is sooner) A parcel of land tying in the SW 114 of Section 4, Township 39 South, Range 1 East,1N,M., Jackson County, Oregon, said parcel being a portion of that property described in that Statutory Warranty Deed to Suncrest Homes LLC. as Instrument Number 2009-044651 of the Official Records of Jackson County, Oregon, the said parcel being that portion of said roperty lying Southeasterly of a line at right angles to the Hersey Street "H" center line at Station "N" 23+51.00, and include in a strip of land 62,00 feet in width, lying on the Northeasterly side of the Hersey Street "M" center line, which center line in Parcel 1. EXCEPT therefrom parcel 1 This parcel of land contains 291 square feet, more or less, outside the existing right of way. a~cisr~tm PROFESSIONAL LANq SURVEYOR 4R~GaN .~Jl.l' 12, 2016 PHILIP J. URQS505 so71~ RENEWS: OEC. 31, 2017 ~/1~~~1J1 l !1[~Il r /1~, j-I l 1 ~J r'`~" r r r r rr rrl ~~~~y r r fr 1'?,~ r 0©~ rr r r A rr r 1 ~7'C'4c~ / fr A12 rr l r r A c'pp~ rrr rr r J ~ r ~y,,~ r / / 1 y r N ~ / r t ~J ! / ~ ' r ~ / r~~ ~.Q ~ 1 r r r f~ r ~ l r / `4" f~ rf ~ 1 ~ W , V'. © Q~ ~Q~S ~ ` ~ r~ ~ r~ ,per ~ ~ ~ d t1 \J,~• `,r ti , !}~~r' •.r~(• (ryU~7 ~1,`,, ~ ' yi rf S I ~ ~~RS ~©4~p~ I~~~ J ~ ~,ss, ~r ~ , a r' r~~~T r 8 f J r / r REGISTERED ~ ~ `rr PROFESSIQNAL rlr ~ rrr LAND SURYEYUR rr ~a rr C1,T~,, OREGQN ~,r a`~rr 9 ,~uLY ~z, zO~s PHILIP J. DRpSSdS SCALE l„ -r 30' ~S~~.q go~Ts - RENE4~AL: DEG. 2o~z FEET' JACKSON COUNTY LEGE(~Q RO~d 11ERSEY 5TR~ET Perm. Ease. - Slopes 580 ft~± DRG. N0. 18250.007 KAY N0. 18250 Q Temp. Eose, - Work Area 682 f12± Q Temp. Ease. - Work Area 291 ffz~ Pro jeCt HFRSFY STREET StDE1YALK. N h1A(N TO 0AK STREET a,.wma~awxaura~nsxrt~xe nrracaa~ ~rgt•sffi.Nriwa+o ~~~~~Y ~11~CKS0N C011NTY l +~S'tttlNG ~srruxrn~zarnupt+ts~~rrettn tunoamr shx,s~.~rar E~Gl1[(RS lSti~a`~~rb+aranox~n sir-~xasrr•n~s snu 5► ~Fl(~rS ~YW RylE tm l+fi ramuotmr 1fi2S 5C3-ftuigl SALE 1'=30' DA~~ : f>~BR~~RY 1~, 2Q17 rrrr~utu~n;~rrt~r rurn~ur,~w~!~t.~~rr-u+r E Ic Land Solutions Inc. p 10300SW Greenburg Rd, Suite 370 Portland, OR 97223 Phone: 503-213-3977 File No.: 18250 002 Fax: 503-244-0627 - Grantor: Suncrest Homes, LLC, an Oregon Limited Liability Company Project: Hersey Street Sidewalk: N Main or Oak Street County: Jackson Suncrest Homes, LLC, an Oregon Limited Liability Company PO Box 1313 Talent, OR 97540 We accept the offer made in the City of Ashland's (City) Offer Letter, dated February 2, 2017, attached hereto and incorporated by reference, to purchase a portion of our property for the above-referenced project. We hereby accept $1,015.00 for 580 square feet of land in permanent slope easement, $1,873.03 of land in (2) temporary construction easements, and $1,120.00 for improvements for total offer of $4,050.00 (rounded). The improvements include the following: • Wood retaining wall At reasonable times, the City's representative may enter the portion of the property that is being purchased for the purpose of making surveys and studies. Closing the transaction is contingent on the City obtaining Title Insurance in a form and manner acceptable to the City, the property being free of all other encumbrances and liabilities not acceptable to the City, final legal review by the City of all documents, and final project funding approval. We understand that final closing and disbursement will be performed by the City, or by an Oregon Title Company chosen by the City. Dated thiso? S day of ~1~--~~~ . 20 ~ ~~,~m~.. Seller: Charlie Ha ilton, Suncrest Homes, LLC, an Oregon Limited Liability Company Acceptance Letter Page 1 of 1 AGENCY ACKNOWLEDGMENT Both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and hereby acknowledge and consent to the following agency relationships in this transaction: (1) Dave Nickerson (Name of Buying Licensees) of Summa Real Estate (Name of Real Estate Firm) is the agent of (check one): X Buyer exclusively ("Buyer Agency") Seller exclusively ("Seller Agency") Both Buyer and Seller ("Disclosed Limited Agency") If both parties are each represented by one or more Licensees in the same Real Estate Firm, and Licensees are supervised by the same principal broker in that Real Estate Firm, Buyer and Seller acknowledge that said principal broker shall become the disclosed limited agent for both Buyer and Seller as more fully explained in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller and Licensee(s). Both the Buyer and the Seller understand that it is required for Right of VVay Consultants to be licensed in the State where they represent agencies for acquisitions and that they receive no commissions for their services. Buyer shall sign this acknowledgment at the time of signing this Agreement. Seller shall sign this acknowledgment at the time this Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Seller's signature to this Agency Acknowledgment shall not constitute acceptance of this Agreement or any terms therein. Buyer: Seller: City of Ashland Suncrest Homes, LLC, an Oregon Limited Liability Company y• Title: ~ ~Mi:~{~ -~f~~ ~ J ~ ~ I . ~t~' Date: Date: ~~(t~'. ~ B Y• Date: After recording, please return to: The City of Ashland 51 Winburn Way Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Suncrest Homes, LLC, an Oregon Limited Liability Company, grants to the City of Ashland (the city), its successors and assigns, Grantee, for the sum of FIVE HUNDRED AND SIXTY AND 181100 CENTS ($560.18), a temporary construction easement through, under and along the premises described on Exhibit "A" parcel 3 and depicted on Exhibit "B", attached hereto. The City its successors and assigns, shall have the right, within the temporary construction easement, to perform surveys; to build roadways and ditches; to cut and remove trees, brush, rocks and other obstructions; to alter the surface of the ground by cutting or filling; and to perform other activities which may be convenient or necessary to complete construction of the project. The temporary easement shall expire at 11:59 p.m. on 3 28 oZo unless extended by written agreement between the City and the Grantor herein. The City shall restore the premises and any buildings or improvements disturbed by the City to a condition equivalent to or better than that which existed prior to such disturbance, except for structures or other improvements placed within the easement area after this date and except for those improvements compensated under a separate agreement. If such restoration is not practicable, the City shall then pay reasonable compensation to the owner of the damaged property. Grantor reserves the right to use the premises at any and all times, in any manner and for any purpose not inconsistent with the full use and enjoyment by the City its successors and assigns of the right herein granted. No structure shall be erected upon, above or below the temporary easement prior to the expiration of said easement, without written consent of the City. 18250 002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 3 IN WITNESS, WHEREOF,the above named Grantor, has caused this instrument to be signed. DATED this ~ day of '~~.1~-~Yl~i~• , 20 6 Charlie Hamilton ncrest Homes, LLC, an Oregon Limited Liability Company STATE OF OREGON } OFFICIAL SEAL S S LORI ANN SKEETERS County of Jackson } I~TARY PUBLIC • OREGON COMMISSION N0, 960020 MY COMMISSION EXPIRES MARCH 8,2021 On this ~ day of 20~, before me personally appeared Charlie Hamilton to me known to be the member/organizer of Suncrest Homes, LLC an Oregon Limited Liability Company, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that he authorized to execute said instrument. r o ary Public 02 My Commission Expires 18250_002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 3 APPROVAL AND ACCEPTANCE BY GRANTEE (ORS 93.808) City of Ashland hereby approves nd a epts the foregoing Easement this day of ` , 2017. ~ ' i John K~r s, Interi City Administrator STATE OF OREGON ) ss. County of Jackson ) This instr ment was acknowledged before me o n, l 2017, by ~ I11~ for the City of Ashland. OFFICIAL STAMP ~ DIANA RENEE SHIPLEY • f NOTARY PUBLIC-OREGON Notary Public -State of Oregon COMMISSION N0. 932046 MY COMMISSION EXPIRES OCtOBER 02, 2018 18250_002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 3 After recording, please return to: The City of Ashland 51 Winburn Way Ashland, OR 97520 Until a change is requested all tax statements shall be sent to: No Change TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned Grantor, Suncrest Homes, LLC, an Oregon Limited Liability Company, grants to the City of Ashland (the city), its successors and assigns, Grantee, for the sum of ONE-THOUSAND AND THREE HUNDRED DOLLARS AND 851100 CENTS ($1,312.85), a temporary construction easement through, under and along the premises described on Exhibit "A" parcel 2 and depicted on Exhibit "B", attached hereto. The City its successors and assigns, shall have the right, within the temporary construction easement, to perform surveys; to build roadways and ditches; to cut and remove trees, brush, rocks and other obstructions; to alter the surface of the ground by cutting or filling; and to perform other activities which may be convenient or necessary to complete construction of the project. The temporary easement shall expire at 11:59 p.m. on 3 ZS Zozo unless extended by written agreement between the City and the Grantor herein. The City shall restore the premises and any buildings or improvements disturbed by the City to a condition equivalent to or better than that which existed prior to such disturbance, except for structures or other improvements placed within the easement area after this date and except for those improvements compensated under a separate agreement. If such restoration is not practicable, the City shall then pay reasonable compensation to the owner of the damaged property. Grantor reserves the right to use the premises at any and all times, in any manner and for any purpose not inconsistent with the full use and enjoyment by the City its successors and assigns of the right herein granted. No structure shall be erected upon, above or below the temporary easement prior to the expiration of said easement, without written consent of the City. 18250_002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 2 IN UVITNESS, WHEREOF,the above named Grantor, has caused this instrument to be signed. DATED this ~ day of , 20 Charlie Hamilton, Suncrest Homes, LLC, an Oregon Limited Liability Company OFFICIAL SEAT. STATE OF OREGON } CORI ANN SKEETERS S S NOTARY PUBLIC • OREGON ~ COMMISSION N0.960020 County of Jackson ) MY COMMISSION EXPIRES MARCH 8, 2021 On thiso~ o day of 20~, before me personally appeared Charlie Hamilton to me known to be the member/organizer of Suncrest Homes, LLC an Oregon Limited Liability Company, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that he authorized to execute said instrument. otary ublic a My Com fission Expires 18250_002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 2 APPROVAL AND ACCEPTANCE BY GRANTEE (ORS 93.808) City of Ashland hereby approves a d a epts the foregoing Easement this day of ~ , 2017. r % John Kar ~ s Interim ity Administrator STATE OF OREGON ) ss. County of Jackson ) Th~ in r n w kn wl e fore e n 2017 s st u e t as ac o, edg b , o ~ , by ~ ~ for the City of Ashland. _ , ' OFFICIAL STAMP ~ C - DIANA RENEE SHIPLET I NOTARY PUBLIC-OREGON No a ublic -State of Ore on COMMISSION N0. 932046 y g MY COMMISSION EXPIRES OCTOBER 02, 2018 18250_002 Suncrest Homes, LLC, an Oregon Limited Liabilty Company Parcel 2 .Y,.i.' ; ~ 'A+µ~'a a6"M.\ s i!I.~E .~~^".~1 . '"N•~. i`~,°, ',.eq} ,'a- t. w~ ~>VR -'.~+1 .k ~ 7'`~ R+ ~ r r x~ ~ ~ . ' ARTICLES QR®A~3IZATIU~ r ~r _ i~ suNCREST ~ot~I~s ~~c ~0~ ~ 0 t s~R~T~~YofsT~TE aRTICLE ~ r The name of the limited liability cacnpany Is SUNCREST HOMES LLC. ' y zw ARTICLE Z The dt,ration for the SUNCEST HOMES LLC shall be perpetual. r. ARTICLE 3 The Warne o} the Initial registered agent is Carlyle F, Stout III and the address of the registered r~ . , agent is 216 Laurel Street, M~dfard, OR 97501. t , ARTICLE 4 .R ~ Tha address whe~E the division may mail noti~ees, which is dif latent than the registered agent's y ~ ~~t i ,t~`,.: ~ address, is P. 0. Box 1313, Talent, OA 57544, , : ARTICLE 5 4 ~'A~ ' The name and address of each orpanirer. f 1Y 1' r~ CHARLIE HAMILTQN, 2277 Suncrest Road, Talent, 4R 97540 ~ r='~ MI NA H) C ELT AKILL,1172 Rapp Lane. Talent, 4A 97540 (//\\jj, w I .~~1 w ~ ARTICLE ~ ' This limited liability company will net be managed by a managEr. t 4; EXECUTION: ~ N I~ , ~ Char~ie Hamilton r.. c ~ Mich~a! Thirkili 1~Ar a _ Person to eantaci abort this filing; Carlyle: F. atout tll 541.716•ZQ20 ~ ~ {dtt',C::Qna',rncart::l~tr.:C~~.+. ~ ARTiCIES CF ORGANIZATIO 3 pt 'CW' Mf! '1, ~ ~ V"~~d' ,M ~ ~ ~~?r , ,V~y ~'~N', '2'~ y , ~'~y.,^JF~,Y ~ ~r. ~R,~` ~",..,~~r~}ti.d+' ~ ~.w AMENDED ANNUAL REPQRT °'-a.F: ~o~~ E-FILED Corporation Division Au 24 2 i 9 016 ~ www.filinginoregon.com ~.,y~..1 {~tj: ° ear j ' ' OREGON SECRETARY OF STATE r.' -~.j8A9. REGISTRY NUMBER 17546698 REGISTRATIQN DATE 1001/2003 BUSINESS NAME C & M PROPERTIES, LLC BUSINESS ACTIVITY RENTAL PROPERTIES MAILING ADDRESS PO BOX 1313 TALENT OR 97540 USA TYPE DOMESTIC LIMITED LIABILITY COMPANY PRIMARY PLACE QF BUSINESS 328 TALENT AVE TALENT OR 97540 USA JURISDICTit}N OREGON REGISTERED AGENT CHARLIE HAMILTON 151 MAX LP TALENT OR 97540 USA If the Registered Agent has changed, the new agent has consented to the appointment. MEMBER CHARLIE HAMILTON 151 MAX LP TALENT OR 97540 USA MEMBER MICHAEL THIRKILL 7772 RAPP LN TALENT OR 97540 USA Page 1 File 18250 015 Bulletin TL 804 TEMPORARY CONSTRUCTION EASEMENT ~1A~~~.lu JAMES ~I GRACE, Grantor, does hereby grant to the CITY OF ASHLAND, Grantee, its successors and assigns, a temporary easement for a work area for construction purposes, over and across the property described on Exhibit "A" dated July 5, 2016, attached hereto and by this reference made a part hereof. IT IS UNDERSTOOD that the temporary easement rights herein granted shall terminate three (3) years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the temporary easement herein granted does not convey any right or interest in the above-described property, except as stated herein, nor prevent Grantor from the use of said property; provided, however that such use does not interfere with the rights herein granted. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all reduction in value to Grantor's remaining property, if any, which may result from the acquisition or use of said property or property rights. However, the consideration does not include damages resulting from any use or activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence. In construing this document, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this document shall apply equally to corporations and to individuals. Dated this Z-Z ZOc ay of ,2017 James Ma~lco~a,~ace 1~ ~ ~t ~ ~u- ~ T~~S ' STATE OF:9"rR!?l'yi+r" Count of ~r y Dated i o2- ,2017. Personally appeared, and signed before me by the above-named James Malcom Grace, who acknowledged the foregoing instrument to bet oluntary act. Be o me: No ary Public for.~ee~err SHEENA BUSCH `,,~~P~Y pLe',' ;2°~~~':~~.Notary Public, State of Texas My Commission expires ~ ~.~Q~ Comm. Ex fires 02-28.2021 ''n,°;,,,ti` Notary ID 131022267