HomeMy WebLinkAbout1994-013 Easement - SOSC 4-0 03o
EASEMENT
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 the installation and maintenance of water mains. Said
easement is for the purpose of constructing, reconstructing, installing, using, operating, and
repairing of pipeline facilities of the municipal water system of GRANTEE, together with the
right to make such excavation therein as GRANTEE may require and deem convenient for the
installation, repair, or maintenance of such facilities. The easement is granted in the following
location:
A strip of land ten feet in width and lying five feet on each side of the line described
below:
Commencing at the Northeast corner 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 151.56 feet; Thence along
a curve to the left having a radius of 20.00 feet and an arc length of 31.28 feet, being
subtended by a chord of South 44° 54' 54" West for a distance of 28.19 feet to a point
on the Easterly right of way line of Campus Way, as set forth on said Major Land
Partition; Thence along said Easterly right of way line, South 00° 06' 22" West a
distance of 380.335 feet to a point of curvature; Thence leaving said right of way, North
89° 53' 38" West a distance of 35.65 feet to THE TRUE POINT OF BEGINNING;
Thence South a distance of 186.44 feet; THENCE South 56° 11' 19" East a distance of
167.49 feet; THENCE North 56° 11' 19" West a distance of 15.25 feet; THENCE
North 33° 48' 41" East a distance of 41.50 feet to the POINT OF TERMINATION
of this Easement.
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.
No other facility shall be placed within five (5) feet of the water mains when running parallel
to or within six (6) inches when crossing perpendicular to the water mains.
SOSC/City of Ashland
Water Main E~sement
1 of 3
94-07035
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.
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 water main
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. J
DATED this ~)~ ~ ~]~,~4~
day of , 19 .
STATE OF OREGON, acting by and through the STATE
BOARD OF HIGHER EDUCATION on behalf of
OREGON STATE UNIVERSITY
a~'Tce~. ~ilso~l~resident ~
irgi,n_n)h L. Thompson, Secretary
SOSC/City of Ashland
Water Main E ..... ! 2 of 3
S4-07035
STATE OF OREGON )
O NIY OF
This instrument was acknowledged before me on this Z~~'~' dayof
by Janice J. Wilson, as president of the Oregon State Board of Higher Educatio .n~
OFFICIAL SEAL
VICKI A. SHIVES
NOTARY PUBLIC-OREGON
COMMISSION NO. 008420
COMMISSION EXPIRES JULY 23, 199~
STATE OF OREGON )
:Notary Public for Oregon
My Commission Expires:
This instrument was acknowledged before me on this ~-~'~'~ day of Jm{,J~r. , 199,~,~,
by Virginia L. Thompson, as secretary of the Oregon State Board of Higher Edu~tion.
VICKI A. SHIV[] '
NOTARYPUBLIC-OREGON Notary Public for Oregon 7/~, i~..
COMMISSION NO. 008420 ~ My Commission Expires:
..,- MY COMMISSION EXPIRES JULY 23, 1995
APPROVED AS TO LEGAL SUFFICIENCY
State of Oregon
/-//-
Date
SOSC/City of Ashland
Water Main Easement
3 of 3
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
FEB ~ 3 199{.~ ~.
KATHLEEN S. BECKETT
.CLERK Amd RECORDS.
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