HomeMy WebLinkAbout1996-229 Easement - SOSCEASEMENT
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, JACKSON COUNTY, OREGON, GRANTEE, a perpetual easement for the planting,
care including watering, maintenance, and replacement of eighteen (18) trees over, across, and upon the
below described real property along State Highway 66, also known as Ashland Street:
The width of the easement shall not exceed five (5) feet on the North side of the following
described line. Commencing at a point where the West line of Donation Land Claim 45
in Township 39 South, Range 1 East, Willamette Meridian, intersects the section line
between Sections 10 and 15 of said Township and Range; thence North along the West line
of said Donation Land Claim, 221.9 feet; thence South 56°13' East 356.14 feet along
Siskiyou Boulevard to intersect the North right-of-way of State Highway 66 (aka Ashland
Street), for the TRUE POINT OF BEGINNING; thence following the North line of said
Highway 66, South 89 °52' East 916.24 feet to the terminus of this easement.
The Southeast portion of OR 92-16184 (39-1E-10 DC 4200)
The GRANTOR herein acknowledges that any and all trees or replacement thereof, installed in
or upon said real property by said GRANTEE, shall remain the sole property of said GRANTEE
and may be removed from said real property at any time at the discretion of the GRANTEE.
The GRANTEE and its joint users shall at all times have the rights and privileges therein
necessary for the full enjoyment and use thereof for the purpose above described, including the
right of ingress and egress across the real property of the GRANTORS over the most convenient
and practical route.
It is understood that the GRANTEE shall, upon every occasion that such trees are planted,
maintained, replaced, 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.
q()SI ?City ol Ashland
~'~ ' ........... 1 of 2
This grant of easement shall be binding upon, and shall inure to the benefit of GRANTOR and its
successors and assigns and GRANTEE and its assigns.
DATED this /.v~,~. day of ~ , 1996.
STATE OF OREGON )ss
COUNTY OF
STATE OF OREGON, acting by and through the STATE
BOARD OF HIGHER EDUCATION on behalf of
SOUTHERN OREGON STATE COLLEGE
To ,m/Imeson, V~ce Pres dent
Vir~~ia L. Thompson, Secretary
This instrument was acknowledged before me on this }5*-~ day of -)f(O:t)I,i,'?J2.f,'}
Tom Imeson, as vice president of the Oregon State Board of Higher Education.
: Notary ~blic for Oregon
a ...... ~ ~ My Commission Expires: ~ ',~, '
, 1996, by
STATE OF OREGON )ss
COUNTY OF [~Z~,~ 0'~ '~
This instrument was acknowledged before me on this }(5~' day of
Virginia L. Thompson, as secretary of the Oregon State Board of Higher Education.
~.,:;... :. ~ Notary ~blic for Oregon
. ~ My Commission Expires: ~'
, 1996, by
APPROVED AS TO LEGAL SUFFICIENCY
Assisttint Attorney General
Department of Justice
State of Oregon
Date
~;OS{' City of Ashland
"~ ............... 2 of 2
CITY OF ASHLAND
CITY HALL
NOTICE OF TRANSMITTAL
TO:
BARBARA CHRISTENSEN
CITY RECORDER
DATE:
PROJECT:
JOB NO.:
SUBJECT:
OCTOBER 20, 1998
ASHLAND STREET TREES
STREET TREE EASEMENT
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
ORIGINAL EASEMENT FROM S.O.U. FOR TREE PLANTING ON ASHLAND STREET.
ENCLOSED X UNDER SEPARATE COVER
REMARKS:
This easement was just recently recovered from files.
COPIES TO:
Department of Public Works ~
Engineering Department
By: Jim Olson
Title: Engineering Services Manager
G: Dawn/Street/Ashland St. SOU Easement NOT.wpd