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HomeMy WebLinkAbout2015-326 Easement - West Jackson Properities/Chmelir Jackson County Official Records 2015-041052 R-E 12/16/2015 03:47:24 PM RECORDING COVER PAGE PLEASE FILL OUT S20.00SO000$000$8.00$11.00 Total:$78.00 PER ORS 205.234 COMPLETE AND LEGIBLE $20.00 $4.00 THIS COVER PAGE HAS BEEN PREPARED SY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. ANY ERRORS IN THIS COVER PAGE DO NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. 016971122015 04105200401 1. Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk AFTER RECORDING RETURN TO: records. Christine Walker -County Clerk NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVE THE INSTRUMENT AFTER RECORDING AS REQUIRED BY ORS 205.180(4) AND ORS 205.238. 1. NAME OF THE TRANSACTION (S DESCRIBED IN THE ATTACHED INSTRUMENT(S) AND REQUIRED BY ORS 205,2341 NOTE: Transac on as de ned by ORS 205.010 "means any action required or permitted by state law or rule federal law or regula on to be recorded including, but not limited to, any transfer encumbrance or release a ec ng tle to or an interest in real property". 2. Grantor/Direct (s) as described in ORS 205,160. ~6WEsc.v [ c" 3. Grantee/Indirect (s) as described In ORS 205.160, 7" 1 1 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contras ng to convey fee tle to any real estate and all memoranda of such instruments, reference ORS 93.030. 5. UNTIL A CHANGE IS REQUESTED, All Tax Statements shall be sent to the following name and address: for instruments conveying or contras ng to convey fee tle to any real estate reference ORS 93.260 6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f). FULL PARTIAL 7. LIEN DOCUMENTS: ORS 205.234 (1) (f). Amount of Lien $ E ec ve 09/07/2012 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record, West Jackson Properties, LLC, (the "Grantor"), owner of property legally described as 381E31 TL 1303 (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, Grantee, its agents, independent contractors and invitees (the "Grantee"), a temporary, nontransferable, and nonexclusive easement in gross for a right to occupy an area on the Property with the right of ingress and egress to the easement area from adjacent land of Grantor for all activities in connection and consistent with the purposes for which this easement has been granted. 2. Description. The location of the easement is for over, under, in, along, across and upon the Grantor's Property in an area legally described as follows: [A parcel of land lying in Donation Land Claim No. 48, Township 38 South, Range I East of the Willamette Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed in the Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25- 2009 of the Records of Partition Plats in Jackson County, Oregon, a portion of the vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 in the Jackson County Official Records, and a portion of that property described in that Warranty Deed recorded January 13, 2012 as Document No. 2012-000904 in the Jackson County Official Records; said parcel being further described as follows: Commencing at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009 POINT OF BEGINNING; thence South 38°51'28"West, 142.26 feet; thence North 50°10'54" West, 207.92 feet; thence North 12°57'30" East, 34.02 feet; thence South 77°02'30" East, 36.31 feet along the West Jackson Road right-of-way; thence along said right-of-way line along the arc of an 80.00 foot radius curve to the right (the long chord of which bears North 71 °08'25" East, 84.36 feet) a distance of 88.85 feet; thence continuing along said right-of-way line North 39°19'20" East, 73.14 feet; thence continuing along said right-of-way line along the arc of an 29.00 foot radius curve to the right (the long chord of which bears South 54°23'36" West, 15.08 feet) a distance of 15.26 feet; thence along the southwesterly right-of-way line of Rogue Valley Highway No. 63 (OR 99) South 51 °10' 15" East, 140.41 feet; thence leaving said right-of-way line South 38°51'27" West, 66.75 feet to the Point of Beginning. (the "Easement Area"). This description is intended to describe the easement location and is not to be strictly construed where reasonable variation from the actual description may exist. Exhibit A is attached hereto solely for Grantee's internal identification purposes only, and not for use in describing the easement. 3. Purpose. This easement shall be used by the Grantee for the purpose of, but not limited to, mobilizing, fabricating and assembling equipment and material in preparation to constructing a public improvement; and to store equipment, materials, and construction waste; and to have access to adjacent City-owned property as necessary for construction purposes reasonably related to the construction of said public improvement. Further purposes of this easement is the present and (without payment therefore) the future right to reasonably keep the area clear and free of all obstacles that impede the Grantee's activities to complete construction of the public improvement. 4. Terms and Conditions. 4.1 Grantor shall have the right to use the area within the easement in any manner that does not interfere with activities and storage of equipment and materials within the easement area nor access of ingress to or egress from the easement area. 4.2 Grantee, its agents, independent contractors and invitees shall notify Grantor when the easement area is to be occupied and when material and equipment will be removed from the premises. As a result of this occupation, Grantee shall: A. Fill any and all excavations as soon as practicable after opening, B. Store equipment and materials in a reasonably orderly manner and dispose of all waste materials and construction debris as soon as possible and all temporary storage of such waste shall be organized and in appropriate containers such as dumpsters, as appropriate. C. Replace in their former condition all improvements, trees, ornamental shrubs and crops, if practicable, as soon as possible after damage or destruction, but if not practicable then pay to Grantor the reasonable value thereof. Temporary Access and Construction Easement And Agreement Pagel of3 D. Grantee and its assigned contractors shall maintain general liability insurance in the amount of $2,000,000 for the duration of this project. Grantee and its assigned contractors shall name Grantor as additional insured and provide a Certificate of Insurance evidencing same with additional insured endorsement attached. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the facilities; F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the purpose and activities permitted under this easement. G. Grantor will need access and cooperation to accomplish these tasks: • Site construction concurrent with the pump station construction including the parking lot that is directly adjacent to the southwest end of the pump station. • Coordinated access to existing utilities to complete the site development of the adjacent property 5. Term and Termination. This easement shall commence on the effective date of this Agreement (The date it is executed by an authorized representative of each signing party), and shall automatically expire two years from the date of execution or upon completion of the public utility construction, whichever occurs first. 6. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court hearing such suit, action, proceeding or appeal. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this i day of [Month, Year]. a r'«- `7 i. GRANTOR: GRANTEE: Jo hmelir , CITY ACCEPTANCE'(ORS 93.808); CITY OF ASHLAND, "GRANTEE C Lu_e~cll IL By: poh Chmelir B Dave Kanner, City Administrator STATE OF OREGON ) ss. County of Jackson ) Jos 1,77 ej, Personally appeared before me this _Z1 day of [Month, Year], [Enter name of signer for Grantor], and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL SEAL SHELLY M MILLER NOTARY PUBLIC OREGON Notary P u b I for regon COMMISSION NO. 475247 Mvr,)iirr,,~ ~c ipvuAti~ vt 7017,P My Commission Expires: ;Z r STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this 15 day of [Maiith, I'eerj, [ af;d,~ City Administrator for the City of Ashland, Oregon, and acknow dged the foregoing instrument to be his voluntary act and dee _ OFFICIAL STAMP d DIANA RENEE SHIPLET t~coiaera~aDl p NOTARY PUBLIC-OREGON M~ Cowlµt~S~~M~ COMMISSION NO. 932046 Temporary Access an ConstwC0wAoNs(FMAc dft1Xa t Page 2 of 3 g Y c A z r & r egg A~ mfg >Y ~uor-~'°s $g se,~ A C = ee ~A m ag m ~ r" , k=~= N - _ n g~ t ~g R ~ S'~= s }Za EBOqD i ~ 3^ ~ r m g - due. a2 a ' t 4~ 0 6 8 ,,,v.A R 'Pj3 -,~V ~ N C ~ ~ >ec m r i , m Y wa N to N m k R1 S a - Z h b A° ~g ~ 8~ gx \ , Z~l P g s / < g F I ~ J ` M ~ 4 N S~O.dC p O 7 / ~ tl I 1 7,1 Kp ~ f % 000A4 i 8 1 I ~ EEE ~ ~ 4 ~ ~a y a \ r e~ i Z o ~ t HIGHWAY 99 "s z o gP Y €Ig Y€ g€~€ g g g g glg Y a a a II_ ° con o $ o o. CITY OF ASHLAND RENSIONS IONS z,;i.CNO TAP /NTERTIE BOOSTER PUMP STATION { IpA OVERALL EXISTING SITE PLAN