HomeMy WebLinkAbout1994-012 Easement - SOSC9,1-0'7036
EASEMENT
1,5'.oo
The STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER
EDUCATION on behalf of SOUTHERN OREGON STATE COLLEGE, GRANTOR, does
hereby grant unto the CITY OF ASHLAND, a municipal corporation of the State of Oregon,
GRANTEE, a perpetual easement for public utility purposes to construct, reconstruct, install,
use, operate, inspect, maintain and repair, remove and replace public utility facilities including,
but not limited to, lines for electricity, sewer, water, gas, and telecommunications, over, under,
across, and upon the below described real property.
Commencing at the Northeast comer of Donation Land Claim No. 39, Section 10,
Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County,
Oregon; Thence North 75° 02' 35" East for a distance of 1269.24 feet to a 5/8 inch
iron rod with aluminum cap situated at the intersection of the centerline of Walker
Avenue and the Southerly right of way line of East Main Street as set forth on that Major
Land Partition filed for record the 12th day of June 1987, and recorded in Volume 2 at
Page 92 of "Major Land Partitions" in Jackson County, Oregon; Thence North 89° 17'
35" West along the Southerly right of way line of East Main Street, as set forth on said
partition for a distance of 234.205 feet to an angle point; Thence continuing along said
right of way line South 89° 43' 25" West for a distance of 126.56 feet to the TRUE
POINT OF BEGINNING; Thence leaving said right of way line, South 00° 16' 35"
East for a distance of 5.00 feet; Thence South 89° 43' 25" West and parallel to East
Main Street, for a distance of 38.23 feet to a point on the Easterly right of way line of
Campus Way, as set forth on said Major Land Partition; Thence along a curve to the
right having a radius of 20.00 feet and an arc length of 14.45 feet, being subtended by
a chord of North 69° 01' 08" East for a distance of 14.14 feet to a point in the Southerly
right of way line of East Main Street; Thence North 89° 43' 25" East along said
Southerly right of way line for a distance of 25.00 feet to the TRUE POINT OF
BEGINNING.
The GRANTEE, its agents, independent contractors and invitees shall have the right of ingress
and egress to the above described easement area for the purposes connected with this easement.
It is understood that the GRANTEE, its agents, independent contractors and invitees shall, upon
every occasion that such public utility facilities are constructed, maintained, replaced,
reconstructed, or removed, provide GRANTOR reasonable notice and restore the premises of
the GRANTOR, and any buildings or improvements disturbed by GRANTEE, as near as
practicable.
GRANTOR shall have the right to use the land subject to the above-described easement for all
purposes not inconsistent with the uses and purposes of the property, provided that GRANTOR
shall not build or erect any structure upon said right-of-way without the prior written consent
of GRANTEE.
SOSC/City of Ashland
Public Utility Easement
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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. GRANTEE'S duty to indemnify GRANTOR is limited by the Oregon
Constitution, applicable statues, the City of Ashland charter, and by the Oregon Tort Claims
Act.
All rights hereunder shall cease if and when said easement area ceases to be used for public
utility purposes.
The consideration for this easement is $1.00.
This easement is granted subject to all prior easements or encumbrances of record on the above
described property. 9/
DATED this ~~j~ dayof ~J~ff] ~/~1~/~,~ ,19
STATE OF OREGON, acting by and through the STATE
BOARD OF HIGHER EDUCATION on behalf of
OREGON STATE UNIVERSITY
'Virgjnia)L. Thompson, Secretary7~
STATE OF OREGON )
OF ss.
This instrument was acknowledged before me ou this B~oa~rd~o~ of J~ .~
by Janice J. Wilson, as president of the Oregon State igher Educatiod.
Notary Public for Oregon
My Commission Expires:
~ .' O~-FiCi3.L SIAL
'11,~) VICKI A. SHIVES
i ~,., COMMISSION NO. 008420
~ NOTARY PUBLIC-OREGON
MY COMMISSION EXIV~E,S JULY 23, 1995
SOSC/City of Ashland
Public Utility E ...... t 2 of 3
STATE OF OREGON )
COUNTY OF 0~ 9/
This instrument was acknowledged before me on this ~ day of ~j ~,/~ ,19
by Virginia L. Thompson, as secretary of the Oregon State Board of Higher Education.
::.,,,~ OFFICIAL SEAL
VICKI A. SHIVES
NOTARY PUBLIC.OREGON
COMMISSION NO. 008420
MY COMMISSION EXPIRES JULY 23, 1995
Notary Public for Oregon
My Commission Expires:
APPROVED AS TO LEGAL SUFFICIENCY
Ass
Department of Justice
State of Oregon
Date
Jackson Counly, Oregon
Recorded
C)ffiC!AL RECORDS
//"~/ VE8 2 5 1994~z
SOSC~'City of Ashland
Public Utility E .....t 3 of 3