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Home My WebLink About2008-235 Easement - Ashland Flower Shop & Greenhouses Jackson County Official Records 2009-002940 R-EA Cnt=1 Stn=10 ALONZO~/28/2009 12:57:38 PM $25.00 $5.00 $5.00 $11.00 Total:$46.00 1 II 11111111 1111111111111 01357993200900029400050055 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk TEMPORARY ACCESS EASEMENT AGREEMENT This Temporary Access Easement Agreement is made and entered into this \~ day of 1illLm~!AJ ' 2008, by and between Ashland Flower Shop and Greenhouses, Inc., by and through its President Gregory D. Williams (hereinafter referred to as "Grantor"), and the City of Ashland, a municipal corporation of the State of Oregon (hereinafter referred to as "Grantee"). RECITALS: Section 10.0 of the Verde Village Development Agreement provides that the developer of Verde Village shall maintain safe and free public access to the City Dog Park during the development of Verde Village; and Prior to the physical commencement of construction of Verde Village, the Owner must grant the City a temporary access easement or easements for the purpose of maintaining free and unrestricted public access to the City Dog Park. With the conveyance of the City property containing the existing dog park access to the Owner of Verde Village as part of the approved land exchange, the Owner must provide the City with a temporary access easement covering the existing Dog Park access usage, as well as a temporary access easement for the relocated access after construction requires the closure of the existing access. IN CONSIDERATION OF the mutual promises and covenants set forth herein and other good and valuable consideration reflected in the Development Agreement for Verde Village, the receipt and sufficiency of which is hereby acknowledged, the Grantor and Grantee do hereby agree as follows: Grantor, Ashland Flower Shop and Greenhouses Inc., is Owner of the following described real property: / Exhibit A attached hereto and made a part hereof by this reference Grantor, Ashland Flower Shop and Greenhouses Inc., its successors and assigns do hereby grant, remise, and relinquish unto Grantee, the City of Ashland, its successors and assigns, the right, privilege, and easement to use and occupy temporarily, during the construction of the Verde Village Development, the existing access road as well as the relocated access road on Grantor's lands for the purpose of continued public access to the City Dog Park. The right to use the existing access road extends to the general public only for access purposes and only until such time as the Owner determines that it is necessary to close the access and simultaneously establish an alternative temporary access providing safe and free public access to the City Dog Park. Upon the establishment of an alternative temporary access consistent with Section 10 of the Development Agreement the existing access will be abandoned and temporary access will only be permitted on the relocated access area. Grantor shall keep the access clear of obstructions and construction equipment until such time as access is relocated. Grantor shall repair any damage caused by construction equipment or activities, otherwise Grantee shall maintain the access. Grantor shall indemnify and hold Grantee harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of Grantor. Grantee shall indemnify and hold Grantor harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Grantee. Nothing in this Article shall require a party to indemnify the other party against such other party's own willful or negligent misconduct. In connection with the existing and relocated access easements on Grantor's property, Grantor shall, at its own cost and expense, maintain in full force and effect a policy of comprehensive general liability insurance in an amount of not less than $1,000,000 naming Grantee as an additional insured. Grantor shall utilize only licensed contractors to perform the construction and installation work and such contractors shall also carry liability and workers' compensation insurance. The right, privilege, and easement herein granted for temporary access and use of the Temporary Access Easement Property shall cease and terminate only after completion of construction and final City inspection and acceptance of the new public streets in the Verde Village project providing safe access to the City Dog Park or July 17, 2011, whichever occurs first. This instrument and the covenants and agreements provided for herein shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors, and assigns of the respective parties. 7- ----~._---- ---_.,---------_.__._------------~-~--,-_..,- IN WITNESS WHEREOF, the parties hereto have executed this instrument effective the day and year first hereinabove written. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement was executed by all parties. GRANTOR Ashland Flower Shop And Greenhouses, Inc., Gregory . Dated \ ~ ~ \ '2oof} " '- STATE OF OREGON) ) County of Jackson ) fh-. The foregoing instrument was acknowledged before me this L day of ]y(ltfA be r 2008, by Gregory D. Williams, as President and authorized agent of Ashland Flower Shop and Greenhouses, Inc. -~- (ilM ~ Notary Public for Oregon My Commission Expires: Maj'~ }1010 . OFFICIAL SEAL DIANA R. SHIPLEY NOTARY PUBLIC-OREGON COMM!SSlON NO. 406584 MY COMMISSiON EXPIRES MAY 2, 2010 Jo n Blackhurst, tomey for GRANTOR 3 GRANTEE [City Acceptance ORS 93.808] CITY OF ASHLAND STATE OF OREGON) ) County of Jackson ) .. \~ . . ff..- The foregoing instrument was acknowledged before me this ~ day of "Deftn1&.r 2008, by John Morrison, as M and authorized agent of City of Ashland. ')~,~!, .1!;L.'!A)>Q'/H.\'ir:.re\,';~"~'~,~i'~ 1.~~2''[~ll:~ .:;-,. .. C:C'f~jGlAL SEAL ,~.,~. . .. .. .,.~.;~~U'~4.~~....... .~. .'. SHIPLET ~'I';;, '.:, ,SlIe-OREGON cu ""';::,.:ON NO. 405584 MY COMMISSiC. ,;n'I"':\~S MAY 2, 2010 Notary Public f r Oregon My Commission Expires: ~!l ,.BolO . ~'~"n:..Jj\' ;:;":;;.Ml.ff~~';. APPROVED AS TO FORM Richard Appicell City Attorney 1 EXHIBIT" A" [Legal description of property owned by Verde Village after the land exchange which encompasses the existing dog park access.. .as well as the property where Verde proposes to relocate the access] Parcel number 2 of that Land Partition filed for record on the 18th day of November, 2008 and recorded as Partition Plat No. P-66-2008 referenced in Index Volume 19 Page 66 of the Records of Partition Plats in Jackson County, Oregon. ,/ 5