HomeMy WebLinkAbout2001-053 Easement - ODOT ODOT
File 6913-001
10B-15-14
PERMANENT SLOPE EASEMENT
CITY OF ASHLAND, a municipal corporation of the State of Oregon, Grantor, for the true and actual
consideration of $. 750 o 00 does grant to the STATE OF OREGON, by and through its DEPARTMENT OF
TRANSPORTATION, Grantee, its successors and assigns, a permanent easement to construct and maintain slopes, upon
the following described property:
A parcel of land lying in Tracts 11, 12 and 18, ASHLAND ACRES, Jackson County, Oregon and
being a portion of that property described in that deed to the City of Ashland, recorded as Document No.
96-11715 of the Official Records of Jackson County; the said parcel being that portion of said property
lying between lines at right angles to the center line of the relocated Pacific Highway at Engineer's
Stations 41 +820 and 42+160 and included in a strip of land 54 meters in width, lying on the Northeasterly
side of said center line which center line is described as follows:
Beginning at Engineer's center line Station 41 +800, said station being 976.991 meters South and
1 625.521 meters East of the Southwest comer of the William C. Myer, D.L.C. No. 45, Township 38
South, Range 1 East, W.M.; thence South 62° 20' 59" East 600 meters to Engineer's center line Station
42+400.
Bearings are based upon the Oregon Coordinate System of 1983, south zone.
The parcel of land to which this description applies contains 1,595 square meters more or less.
IT IS UNDERSTOOD that the 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 shall
not be permitted to interfere with the dghts herein granted or endanger the lateral support of the public way.
IT IS ALSO UNDERSTOOD that 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 and grantor's heirs, successors and assigns, by reason
thereof, or by reason of any change of grade of the public way abutting on said property.
512-01
RETURN TO AND TAX STATEMENT TO Account No.: T38 Sec 32 & 33 TL200
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION Property Address: Bare Land Butler Creek Rd
355 CAPITOL STREET NE, ROOM 420 Ashland OR 97520
SALEM OR 97301-3871
ODOT
File 6913-001
10B-15-14
Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said property, and
will warrant the easement rights herein granted from all lawful claims whatsoever.
Grantor agrees that the consideration recited herein is just compensation for the property or property rights
conveyed, including any and all damages 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 n~)t 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.
It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations
hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and
approved by the recording of this document.
Dated this ~ day of ~ ~, 20 O I
APPROVED AS TO FORM:
By
STATE OF OREGON, County of Jackson
Dated ~ ~-~ ,20
CITY OF ASHLAND
By ~ ~
Auditor
· Personally appeared
and ~ ~4~Yt~.'~K.~ , who, being sworn, stated that they are the Mayor and Auditor of the City of
Ashland, Oregon, a municipal corporation, and that this instrument was voluntarily signed in behalf of said municipal
corporation by authority of its Ordinan~
, passed by the Council ~n this __
N~'tary Pul~ for Oregon
My Commission expires
day of
Accepted on behalf of the Oregon Department of Transportation
5-2-01
Page 2 - EA
ael/
STATE'S OBLIGATION(S) AGREEMENT
File No.: 6913001
Date: May 3, 2001
Install the new fencing prior to any existing fencing being removed. State is to reseed all remaining usable
area of the Permanent Easement.
State will at the time of highway construction, build the following approach roads:
Any construction lying outside of the traveled portion and shoulders but within the right of way of the
highway which is made for the use and benefit of the remaining property, either under the terms of this
agreement or the construction plans, shall be completed in conformance with normal engineering
construction practices and hereafter shall be maintained or reconstructed by the property owner in
accordance with ORS 374.305, et seq. and OAR 734-50-005 to 50-065, OAR 734-55-005 to 55-060 and
other applicable statutes and regulations.
If any of the construction under the terms of this agreement is outside of the highway right of way, Grantors
hereby grant State, its employees or contractors, permission to enter upon their remaining property for the
purpose of performing any of said construction work.
It is understood and agreed that State's performance of this agreement shall be a portion of the
consideration for the concurrent real property transaction evidenced by deed between Grantors and State.
This agreement shall not be effective or binding until Grantors receive notice from the State accepting the
conveyance of the real property interests.
City of Ashland Date
734-3931 (8/96)