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Home My WebLink About2002-116 Easement - SOUEasement for waterline across SOU property from Ashland Street to Siskiyou . I GRANTOR: OREGON STATE BOARD OF HIGHER EDUCATION GRANTEE: CITY OF ASHLAND DOCUMENT TO BE RETURNED TO: JAMES H. OLSON, PROJECT MANAGER 20 E. MAIN STREET, ASHLAND OR 97520 TRUE & ACTUAL CONSIDERATION: NONE UNTIL A CHANGE IS REQUESTED, SEND TAX STATEMENT T NOT APPLICABLE Easement The STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf of Southern Oregon University, hereinafter "GRANTOR," does hereby grant and convey unto the City of Ashland, Oregon, hereinafter "GRANTEE," an Oregon political jurisdiction with offices at 20 E. Main Street, Ashland, OR 07520, an easement for the purpose of constructing, maintaining, replacing, reconstructing and/or removing a water line, consisting of underground piping, manholes, valve boxes, fire hydrants, appurtenances, for the distribution of treated water for domestic and fire protection supply within, and upon the following described real property of GRANTOR, in Jackson County, State of Oregon to wit: An easement 15.00 feet in width for the installation and maintenance of an underground water line over, across, and through Ashland Street, that vacated portion of Ashland Street, and that certain real property of Southern Oregon University, located in the Southwest One-quarter of Section 10, and the Northwest One-quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian, in the City of Ashland, Jackson County, Oregon, lying 7.50 feet each side of the following described centerline: Commencing at a 2 ¼-inch diameter brass cap marking the Southwest corner of Section 10, of said township, range and meridian, said brass cap being on the certerline of Ashland Street; thence along said centerline South 88°10'37" East, a distance of 243.41 feet to the westerly line of said vacated portion of Ashland Street; thence leaving said centerline, North 01o50'23'' East, along said westerly line, a distance of 9.17 feet to the True Point of Beginning; thence leaving said westerly line, South 88011'27'' East, a distance of 619.19 feet; thence South 45034'08'' East, a distance of 19.14 feet; thence South 88°22'00' East, a distance of 305.00 feet; thence North 62°02'09'' East, a distance of 315.82 feet to the southerly right-of-way of Siskiyou Boulevard and the terminus of this easement. TOGETHER WITH a temporary construction easement, lying 12.50 feet left and 17.50 feet right of the centerline easement described hereinabove. Said temporary construction easement expires upon completion of the construction and acceptance by the City of Ashland of said waterline. The sidelines of this easement, and said temporary easement, are to be prolonged or shortened as to begin on the westerly line of said vacated portion of Ashland Street, and to end on the southerly right-of-way line of said Siskiyou Boulevard. Basis of bearings is Grid North as per the Oregon State Plane Coordinate System, Oregon South Zone Number 3602, obtained by Global Positioning System Observations at City of Ashland, Published GPS Number 517. Published State Plane Coordinates, on the North American Datum of 1983(91): Northing-207,963.023; Easting-4,323,435.512. Having a Convergence Angle of -1°30'35.665''. All distances described herein are converted to ground distances. The GRANTEE, its licensees, successors, and assigns shall have the right of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all rights and privileges incident thereto. GRANTEE shall not use power tools, or cut down, trim, remove or spray trees, brush, shrubbery, overhanging branches and other obstructions which may injure or interfere with GRANTEE'S maintenance and repair of GRANTEE'S water pipeline and SOU-City of Ashland Waterline - 5/17/02 Page 1 of 3 02 4059'7 appurtenances without obtaining prior written approval of GRANTOR, such approval not to be unreasonably withheld. GRANTEE shall comply with GRANTOR'S policies and instructions for public notification of such activities. Prior written approval will not be required during times of emergency or to preserve public safety. It is understood that the GRANTEE, its licensees, successors, and assigns shall, upon every occasion that such waterline is constructed, maintained, replaced, reconstructed, or removed, provide GRANTOR reasonable notice (in the case of an emergency, provide notice as soon as practicable) and restore the premises of the GRANTOR, and any buildings or improvements disturbed by GRANTEE, as near as practicable to its original condition. GRANTOR shall have the right to use the land subject to the above-described easement for all purposes consistent with the uses and purposes of the property and not inconsistent with the uses of the easement. GRANTOR shall not build or erect any structure upon said right-of-way without the prior written consent of GRANTEE. GRANTEE agrees to indemnify and hold harmless GRANTOR and the members, officers, employees and agents of the Oregon State Board of Higher Education against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which may result in an injury to or the death of any person(s) or from the loss of or damage to property of any kind or nature, when such injury, loss, death, or damage is due to the tortious acts of GRANTEE, its officers, agents and employees acting within the scope of their employment duties. All rights hereunder shall cease and the easement shall terminate if and when said easement area ceases to be used for a public waterline. This easement is granted subject to all prior easements or encumbrances of record on the above described property. DATED this - day of J utze- , 2002. STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION behalf of the SOUTHERN OREGON UNIVERSITY /?' ry STATE OF OREGON) ss. County of ma`lfnojnoL, ) This instrument was acknowledged before me on this J5 4- day of [-I?rnf_ , 2002, by Don VanLuvanee, as President of the Oregon State Board of Higher Education. OFFICIAL SEAL VL ALAIRE SWIITIER NOTARYR)BLIC-OREGON Notary Put COMMGSSION NO. A326M My Commi MY COMMISSION SM OCTOBER 29. 2003 09, , SOU - City of Ashland waterline - 5/17/02 Page 2 of 3 02 40597 STATE OF OREGON) ss. County of u}np,?Q This instrument was acknowledged before me on this day of J Li vie , 2002, by Diane Vines as secretary gon State Board of Higher Education. OFFICIAL SEAL WL M AYNE SWITZER NOTARY PLIBLIC-OREGON Nota P lic r e n COMMISSION NO. A326890 ry MYCOMbNS wE?WOCTOBER29.2003 My Comm' sion APPROVED AS TO LEGAL SUFFICIENCY Vengg I. Itobwwon Slaa)oa Assistant Attorney eneral Date Department of Justice State of Oregon Jackson County, Oregon Recorded OFFICIAL RECORDS JUL 31 2002 a151? ?? Y CLERK SOU - City of Ashland waterline - 5/17/02 Page 3 of 3 CITY OF -ASHLAND NOTICE OF TRANSMITTAL TO: Barbara Christensen DATE: 8/8/02 PROJECT: Ashland/Siskiyou Waterline JOB NO.: 01-10 SUBJECT: Easement Document THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original recorded easement for waterline across S.O.U. property from Ashland Street to Siskiyou Boulevard for filing in City records. ENCLOSED UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown, Bruce Moats Department of Public Works By: James H. Olson Title: City Surveyor / Project Man er PUBLIC WORKS Tel: 541488-5587 20 E. Main Street Fax: 541488-6006 ?. Ashland, 0 97520 TTY: 800-735-2900 www.asMd.orms ?_ R