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HomeMy WebLinkAbout1998-056 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 nonexclusive utilities easement to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace public utility facilities including, but not limited to, lines for electricity, sewer, water, gas, and telecommunications on real property described below located in Jackson County, Oregon. The utility easemere being 20.00 feet wide, lying 10.00 feet on each side of the following- described centerline. Commencing at the northwest corner of Donation Land Claim 45 in Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00°06'22" West along the west line of said Donation Land Claim No. 45, a distance of 377.54 feet to the southerly right of way line of East Main Street; thence North 89043'25" East, along said southerly right of way line, 442.94 feet to the true point of beginning of the centerline to be described; thence South 00016'35" East 660.00 feet; thence South 29029'32" East 195.00 feet; thence South 34°55'01" West 27.50 feet to terminate said centerline. 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 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 consistent 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 employmere duties. This gram of easement shall be binding upon, and shall inure to the benefit of GRANTOR and its successors and assigns and GRANTEE and its assigns. SOSC/City of Ashland Utility easement 1 of 2 All rights hereunder shall cease if and when the easement area ceases to be used for public utility purposes. DATED this day of , 1997. STATE OF OREGON, acting by and through the STATE BOARD OF HIGtlER EDUCATION on behalf of SOUTHERN OREGObPSTATE 2aLLEGE He;~. Aschkenasy, President Vir~)h L. Thompson, Secretary STATE OF OREGON ) ss COUNTY OF M~IJ0~0WI~t ) This instrument was acknowledged before me on this Z~~ day of Asc~enasy as president of the Oregon State Board of Higher Education. ,. , :':',- ~ ~ .-~o n~--',:~ Notary ~blic for Oregon ' ~.~-' ,,-.::':~: :~ ':4~: ,,,,~, ,,~ ~,~ 'My Co~ission Expires: ~- gg'~ , 1997, by Herbert STATE OF OREGON ) ss COUNTY OF ~t({)gt0ja ) This instrument was acknowledged before me on this 21~ day of L. Thompson, as secretary of the Oregon State Board of Hi~r~on. ';.~'h~ : ;: :s~v~:: Notary ~biic for Oregon - ;:;,"/.~- .....~ ": ' '"'"~ My Co~ission Expires: ~3' APP] :OVED A,S,,T6 LEGAL SUFFICIENCY Assistant Attqrney General Department o][ Justice State of Oregon Date SOSC/City of Ashland Utility easement 2 of 2 , 1997, by Virginia Jackson County, Oregon Recorded OFFICIA[ PECORDS