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HomeMy WebLinkAbout2001-005 Easement - DEQ06732 Name of Transaction: Grantor: Grantee: Return Document to: Equitable Servitude and Easement City of Ashland Oregon Department of Environmental Quality Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 Equitable Servitude and Easement This Equitable Servitude and Easement is between the City of Ashland, Oregon (City) and the State of Oregon Department of Environmental Quality (DEQ). RECITALS: A. City is the owner of certain real property (Property) located in Jackson County, Oregon, the location of which is more particularly described in Exhibit A to this Equitable Servitude and Easement. B. On December 18, 2000, the Director of the Oregon Department of Environmental Quality (DEQ) determined that the remedial actions performed at the site by the City resulted in the soil at the site meeting the residential exposure cleanup standards for soil published in OAR-340-122-045. However, because of DEQ's concern that lead fragments from past site use may still be present in site soils DEQ requested that institutional controls in the form of an equitable servitude and easement be placed on the site prohibiting residential use as well as any use that would involve regular, long- term exposure to site soils by children. These remedial actions underwent public notice and review as required by OAR 340-122-100 and a No Further Action determination was issued by DEQ. C. The provisions of this Equitable Servitude and Easement are intended to comply with and satisfy DEQ's request for institutional controls to protect human health and the environment. 1. General Declaration. City declares the Property is and shall be conveyed, transferred, leased, encumbered, occupied, built upon, or otherwise used or improved, in whole or in part, subject to this Equitable Servitude and Easement. Each condition and restriction set forth in this Equitable Servitude and Easement touches and concerns the Property and the easement granted in paragraph 3 and shall run with the land for all purposes, shall be binding upon all Owners as set forth in this Equitable Servitude and Easement, and shall inure to the benefit of the State of Oregon. Page 1 JAN 6 2001 06732 2. Equitable Servitude - Restriction on Uses. Subject to the zoning and land use regulations of the City of Ashland, uses on the Property shall be limited to open space uses as provided for open space land defined in ORS 308.740. Residential use as well as any use that would involve regular, long-term exposure to site soils by children of any type is prohibited. Prohibited uses may be modified or allowed provided prior written approval is requested of and received from DEQ. DEQ decisions to modify or allow otherwise prohibited uses shall be based on whether site conditions are deemed protective for the specific use to be made of the Property. 3. Easement (Right of Entry). During reasonable hours and subject to reasonable security requirements, DEQ shall have the right to enter upon and inspect any portion of the Property to determine whether the requirements of this Equitable Servitude and Easement have been or are being complied with. Violation of any condition or restriction contained in this Equitable Servitude and Easement shall give to DEQ the right, privilege, and license to enter upon the Property where such violation exists and to abate, mitigate, or cure such violation at the expense of the City, provided written notice of the violation is given to the City describing what is necessary to correct the violation and the City fails to cure the violation within the time specified in such notice. Any such entry by DEQ shall not be deemed a trespass, and DEQ, except as provided in the Oregon Tort Claims Act, shall not be subject to liability to the City of the Property for such entry and any action taken to abate, mitigate, or cure a violation. 4. General Provisions 4.1. All conditions and restrictions contained in this Equitable Servitude and Easement shall run with the land, until such time as any condition or restriction is removed by written certification from DEQ that the condition or restriction is no longer required in order to protect human health or the environment. 4.2. Any person who at any time owns, occupies, or acquires any right, title, or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every condition and restriction contained in this Equitable Servitude and Easement, whether or not any reference to this Equitable Servitude and Easement is contained in the instrument by which such person or entity acquired an interest in the Property. 4.3. The City shall notify DEQ at least 10 days before the effective date of any conveyance, grant, gift, or other transfer, in whole or in part, of the City's interest in the Property. P~e2 01 06732 4.4. The City shall notify DEQ within 30 days following City's petitioning for or filing of any document initiating a rezoning of the Property that would change the base zone of the Property under the City of,Ashland land use code or any successor code. 4.5. Upon any violation of any condition or restriction contained in this Equitable Servitude and Easement, DEQ, in addition to the remedies described in the preceding paragraph, may seek any other available legal or equitable remedy to enforce this Equitable Servitude and Easement. CITY OF ASHLAND Mayor Alan DeBoer Barbara Christensen, City Recorder State of Oregon County of Jackson Oregon Department of Environmental Quality State of Oregon This instrument was acknowledged before me on ~, ! ? , 2001, by ,Alan DeBoer as Mayor of the City of,Ashland, O~'j~gon and by Barbara Christensen as Recorder of the City of ,Ashland. i~ *"~"r~"'~OFFICIALSEAL ~ No[ary P~lic for Oregon , ~ SONJA N AKERMAN ~ ~:;;~]~ NOTARY PUeLIC - OREGON ~ My Commission expires: ~Y] COMMISSION NO~ 310793 ~ ~--- _ _ -: .... This,i~strument was acknowledged before me on ~an. ~ , 2001, by--as ~ ~2~,.~,.~.+~.oftheOregonDepaAmentof Environmental Quality, State of Oregon. ~ ~ ~ Not~ublic for O~gd/ M~mission oxpiro~/~ Page 3 0~. 06732 EXHIBIT A The Westedy 100 feet of the Southwest ¼, of the Northwest ¼ of the Northwest t/, of the Southwest ¼ of Section 16 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon continuing 0.76 acres more or less. LOT NO. 391E16- 1100 CITY OF ASHLAND TO DEQ EQUITABLE SERVITUDE AND EASEMENT SEPTEMBER 7, 2000 (Revised December 19, 2000) .1-c~,So~ C°u~tY'-,o~eg°'~ . Page 4