HomeMy WebLinkAbout1993-052 Easement - SOSC93-22174
EASEMENT
The STATE OF OREGON, act~,g 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 public utility purposes to construct, reconstruct, install,
use, operate, inspect, maintain and repair, remove and replace public utility facilities over,
under, across, and upon the below described real property.
Commencing at the centerline intersection of Beach and Henry Streets situated in the
H.B. Carter Addition to the City of Ashland in Section 9, Township 39 South, Range 1
East of the Willamette Base and Meridian, Jackson County, Oregon, said point bears
North 00° 09' 36" West along the centefline of Beach Street for a distance of 5.00 feet
from a pipe with bronze disk reference monument and being situated in a metal
monument case; Thence South 89° 54' 02" East along the centerline of Henry Street
as found resurveyed in the H.B. Carter Addition to the City of Ashland for a distance
of 303.53 feet to a found 5/8 inch iron rod with aluminum cap and being a point on the
Henry Street centerline; Thence continuing South 89° 54' 02" East along said centerline
and the Easterly prolongation thereof for a distance of 172.06 feet to intersect the
Northerly prolongation of the Westerly right-of-way line of a 16 foot alley as set forth
in the Montview Addition to the City of Ashland, as now recorded; Thence South 00°
11' 22" West along said Northerly prolongation and the Westerly right-of-way line of
said 16 foot wide alley, for a distance of 321.77 feet to the TRUE POINT OF
BEGINNING; Thence leaving said Westerly right-of-way line, South 85° 51' 58" West
for a distance of 121.25 feet; Thence South 04° 08' 02" East for a distance of 20.00
feet; Thence North 85° 51' 58" East for a distance of 119.74 feet to a point in the
Westerly right-of-way line of a 16 foot wide alley as set forth in the Montview Addition
to the City of Ashland, as now recorded; Thence North 00° 11' 22" East along said
alley right-of-way line for a distance of 20.06 feet to the TRUE POINT OF
BEGINNING.
The GRANTEE, its agents, independent contractors and invitees shall have the right of ingress
and egre~ ~ ~l-,c above &;~¢~bed ~a~;en~t ar~a f~>r the pu~z>:es c~nn~c.*ed with ~is ea~e~t.
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.
I of 3
93-22174
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 public
utility purposes.
: he 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.
DATED this ~tk/ day of ~ , 1993.
STATE OF OREGON, acting by and through the STATE
BOARD OF HIGHER EDUCATION on behalf of
Vi~ ~ L. Thompson, Secre~
STATE OF OREGON )
co m oF ss'
This instrument was acknowledged before me on this g~ day of ~
by Robert L. R. Bailey, as president of the Oregon State Board of Higher Education.
Notary Public for Oregon
My Commission Expires:
1993,
93-22174
STATE OF OREGON )
t
This instrument was acknowledged before me on this Z~~ day of ~4~ , 1993,
by Virginia L. Thompson, as secretary of the Oregon State Board of Higher Education.
Notary Public for Oregon
My Commission Expires:
APPROVED AS TO LEGAL SUFFICIENCY
/~sist~t Attorney I~eneral
~Depaament of Justice
State of Oregon
Date
OmC. IAL R~COP. OS
~:;? JUL 0 8 i~)~ ~
KATHLEEN S. BECKETT
put~
3
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