HomeMy WebLinkAbout1985-024 Lease - SOSCF~rlYSIC~_ F~_~'~T ~P~C~ITI~"NT
(503) ~82-6231
Mr. Brian Almquist
City Administrator
City of Ashland
Ashland, Oregon 97520
SUBJECT'
Southern Oregon State College/ City of Ashland
Cooperative Agreement and Lease Agreement
Dear Mr. Almquist:
Our Cooperative Agreement and Lease Agreement, both dated June 21, 1985,
exemplifies the cooperative accomplishments of the City and College. In
reviewing these documents as they relate to the parking lot at the corner of
Wightman and Iowa, there appears to be a "loose end" in paragraph 6 of the
Cooperative Agreement. Paragraph 6 calls for a Letter of Agreement upon
completion of construction which acknowledges that construction has been
completed and the College accepts the responsibility for operation and
maintenance of the facility. The lease involved does not require such an
agreement.
If it is agreeable to you, please accept this letter as our acknowledgment of
acceptance of the facility for operation and maintenance. If this procedure
is acceptable to you, please let me know.
Sincerely,
J.R. Stevens, Director
Physical Plant Department
JRS/ke
cc' Dean Bolstad
SOUTHEP~N OREGON STATE COLLEGE
CITY OF ASHLAND
COOPERATIVE AGRED.~NT
THIS AGRED¥~NT is entered into between the State of Oregon acting by and
through the State Board of Higher Education on behalf of Southern Oregon
State College, COLLEGE, and the City of Ashland, Oregon, CITY.
WHEREAS, the COLLEGE and the CITY, in conjunction with the Ashland Parks
and Recreation Commission and the Ashland School District 5, entered into
a development study for that area of the City bounded by East b2in Street,
Walker Avenue, Highway 66, Wightman Street, Quincy Street and California.
Street, the area concerned is also known as the North College Campus. This
joint study resulted in a Report of the North Campus Completion Committee,
hereinafter referred to as the "Report'', dated July 1984, which by reference
is made a part of this agreement; and ~IEREAS, the City Administrator has
been designated in the above Report as the Project Manager for this development~
the COLLEGE and the CITY agree as follows as relates to those areas of concern
between the COLLEGE and CITY:
N~V THEREFORE, the COLLEGE and CITY agree as relates to:
1. IOWA STREET:
Consistent with the criteria in paragraph 3a., page 7 of the Report,
a. The COLLEGE ~ill:
(1) Dedicate the land under its control to the CITY, approximately
708 feet extending westerly from Walker Avenue.
(2)
Share with the CITY the financial expenditures for the cited
improvements as designated in the "Financial Plan" of the
Report.
b. The CITY will:
(1) Design and cause to be constructed in all aspects tb~t block
of Iowa Street be~veen Walker Avenue and Wightman Street.
(.2) Following construction, assume all responsibility for
maintenance, repair and traffic control.
2. WEBSTER STREET:
a. The CITY will:
(1)
Upon completion of the improvements to Iowa Street described
above, initiate the necessary public hearings for the vacation
of Webster Street, subject to certain utility easements, to
the State of Oregon.
b. The COLLEGE will:
Accept vacation of Webster Street, subject 'to certain utility
easements, with the intention of partially closing and/or
restricting traffic onWebster Street.
I'~,LKER AVENUE:
a. The CITY will:
(1)
In its role as Project Manager, cause to be designed and
constructed, curbs, gutters and paving of Walker Avenue
from the Southern Pacific Company railroad tracks to East
B'hin Street.
b. The COLLEGE will:
(1) Participate in the financial support of 3a. (1), above as
described in the "Financial Plan" of the Report.
WIGFrP.'~N STREET:
a. the CITY will:
(i)
In its role as Project Manager, cause to be designed and
constructed curbs, gutters and pavement widening along the
east side of Wightman Street from Iowa to Quincy Streets.
b. The COLLEGE will:
(1) Participate in the financial support of 4a. (1), above as
described in the "Financial Plan" of the Report.
BICYCLE/PEDESTRIAN WAYS:
a. The CITY will:
As described in paragraph 4, pages 8 and 9, of the Report,
cause to be designed, constructed, maintained and controlled,
all aspects of the bicycle/pedestrianways.
b. The COLLEGE will:
(i)
By easement, convey to the CITY the land under its control
necessary to construct and maintain the bicycle/pedestrian
ways described in paragraph 5a. (1) above.
PARKING:
a. The CITY will:
(i)
Accept, by lease, that land southeast of the intersection of
Wi~ltman and Iowa Streets necessary for the construction by
the CITY of a parking facility of approximately 44 vehicle
capacity.
t 5.-17596 -3-
(2) Desi~l and construct the parking facility described above.
Upon completion convey, by letter of agreement, the completed
parking facility back to the College for operation and main-
tenance.
b. The COLLEGE will:
Convey, by lease, that land described in paragraph 6a. '(1},
~ove.
Upon completion of construction by the CITY, accept, by
letter of agreement, the completed.parking facility from
the CITY for operation mud ..maintenance.
IN WI.vNESS ~}~.REOF, the parties hereto have caused this AGI~."F}-MN'r to be
executed by their appropriate officers ~is 2!st day of
STATE BO.kPD OF HIG~R EDUCATION
William C. Neland
Assoc. Vice Chancellor £or
Title Fac. Planning
'~ ~A. 6icuro
President
Title
CITY
~yor
Title
ATTEST:
'Nan E. Fr'az~klin
City Recorder
APPRO%qSD AS TO LEGAL SUFFICIENCY
Jero.~.e S: .Li~d~z ~
Assistant Attorney General
Department of Justice
$5.-1'7596
LEASE AGREt~. ~NT
THIS AGRE~.~2NT is entered into by and between the State of Oregon acting
by and through the State Board of Higher Education on behalf of Southern
Oregon State College, COLLEGE and the City of Ashland, Oregon, CITY.
WITNESSETH
~AKEAS, the COLLEGE and the CITY, in conjunction with the Ashland Parks
and Recreation CommisSion and the Ashland School District 5, entered into
a development study for that area of the City bounded by East ~.~in Street,
Walker Avenue, Highway 66, Wightman Street, Quincy street and California
Street, the area concerned is also known as the North College Campus. This
joint study resulted in a Report of the North Campus Completion Committee,
hereinafter referred to as the "Report", dated July 1984, and ~xlqF~REAS, the
City Administrator has been designated in the above Report as the Project
Manager for this development, the COLLEGE m~d the CITY agree as follows as
relates to those areas of concern between the COLLEGE and CITY:
NOW ~{EPdEFORE, the COLLEGE and CITY agree as follows:
The COLLEGE leases to the CITY that land at the southeast corner
of the intersection of Wightman and lava Streets.
e
Such lease shall be for the purpose of constructing a public parking
lot on the land described as follows:
Commencing at the Southeast corner of Donation Land Claim
Number 39, Township 39 South, Range 1 East of the Willamette
Meridian, Jackson County Oregon; thence South 30.09 feet and
East 29.97 feet to the intersection of the Easterly riglxt-of-
way of Wightman Street with the Southerly right-of-way of Iowa
Street for the True Point of Beginning; thence along the said
right-of-way line of lava Street South 89~49'44'' East, 145.00
feet; thence leaving said right-of-way South 00~03'38'' ~tTest,
150.00 feet; thence North 89°~9'~4'' West, 145.00 feet to the
said right-of-way of Wightman Street; thence along said right-
of-way North 00~03'38'' East, 150.00 feet to the point of
beginning.
e
Lease shall commence upon the date of this agreement and shall extend
for a period of twenty (20) years from the date of the agreement.
5.-1'7596
0
The COLLEGE shall maintain and operate said parking lot during the
term of this lease~
The CITY shall save, defend, indemnify, and hold harmless the State
of Oregon acting by and through the State Board of Higher Education
on behalf of Southern Oregon State College and their officers, agents,
employes, and members from all claims, suits, and actions of whatsoever
nature resulting from or arising out of the activities of the CITY or
its contractors, subcontractors, agents, or employes acting under this
agreement.
6. This agreement may be terminated by agreement of both parties.
IN WITNESS ~FHEREOF, the parties hereto have caused this AGRE~.~NT to be
executed by their appropriate officers this 21st day of June , 1985.
STATE BOARD OF HIGHER EDUCATION
W. C. Neland
Assoc. Vice Chancellor for
Title Fac. Planning
CITY
GGrddn L. Med'arig
Mayor
Title
Dean of Administration
Title
ATTEST:
Nan E. Franklin
City Recorder
AEM/j ih
APPROVED AS TO LEGAL SUFFICIENCY
Assistant Attorney General
Department of Justice
85.4 596 ....
EA S tiME N T \~~ ~/~
'ItlE STATE OF OREGON acting by' and through the State Boar--d~of Higher
Education on behalf of Southern Oregon State College, Grantor, does
hereby' grant an easement to the crlY OF ASHI~X~), Grantee, a Municipal
Corporation of the State of Oregon for the installation and perpetuaI
maintenance of any' and ali underground public utilities including but
not limited to sewer, water, storm drain and electrical lines on property
located in ,Jackson County', Oregon, and described as follows:
Tract A
An easement over a strip or parcel of land 20 feet in width and lying I0
feet on each side of the following described centerline or lines:
Beginning at a point situated within the right of way of Webster 'Street
in the City of Ashland, which point bears S~uth 1190.51 feet and East
795.20 feet from the Southeast corner of Donation Land Claim Nhmber 59,
Township 59 South, Range 1 East of the Willamette bferidian, Jackson
County, Oregon; thence North 00°05'25" IVest, 474.88 feet; thence North
05°34'26'' East, 1118.95 feet to a point which bears North 401.55 feet
and Iiast 864.21 feet from the Southeast comer of said D.L.C. Noo 59;
thence North 55'16'21" West, 514.90 feet; thence North 55°11'19" West,
507.25 feet; thence North 14~12'28'' lVest, 90.04 feet, thence North
57~04'17'' West, 479.67 feet to a point which bears North 1552.27 feet
and West 400.15 feet from the Southeast corner of said D.L.C. No. 39;
thence South 06°00'40" West, 100.14 feet; thence South 51°01'47" IVest,
81.00 feet to a point situated within the right of way of California
Street.
also;
Beginning at the above described point which bears North 401.33 feet and
East 864.21 feet from the above described Southeast corner of D.L.C. No.
39, said Tmmship and P~nge; thence South 55°06"10'' East, 454.12 feet to
t,,~ right of way. of Walker Avenue.
a point situated within ~=
also;
Beginning at the previously described point which bears North 1332.27
feet and West 400.15 feet from the above described Southeast corner of
D.L.C. No. ~9, said Township and Range; thence North 62'12'50" West,
82.66 feet to a point situated within the right of ~y of California
Street.
also;
85-17536
Commencing at the previously described point which bears North 1332.27
feet and West 400.15 feet from the above described Southeast corner .of
D.L.C. No. 39, said Township and Range; thence South 57°04'17'' East,
30.49 feet to the Point of Beginning; thence North 51°20'21'' West 173.08
feet.
F~xcepting therefrom any portions lying within the boundaries of public
rights of way.
Tract B
An easement over a strip of land 10 feet inwidth and lying $ feet on
each side of the follm~ing described centerline:
Beginning at a point situated within the right of way of Webster Street
in the City of Ashland, which point bears South 1184.96 feet and East
782.S4 feet from the Southeast corner of D.L.C. Number 39, Township 39,
Range 1 East of tile Willamette Meridian, Jackson County, Oregon; thence
North 00°06'58'' l~st, 409.66 feet; thence South 88°05'46"West, 44.50
feet to the terminus of this easement.
~xcepting therefrom those portions lying within the boundaries of public
rights of way.
Tract C
An easement over a strip of land 10 feet in width and lying 5 feet on
each side of the following described centerline:
Beginning at a point which bears North 18.48 feet and East 507.72 feet
from said Southeast corner of D.L.C. No. 39; Tm,Tmhip 39 South, Range 1
East, Jackson County, Oregon; thence North 03°02'33'' East, 75.48 feet;
thence North 03°51'19'' West, S49.44 feet; thence North 14°57'01'' East,
94.44 feet to the Southerly right of way of the Southern Pacific Railroad.
Excepting therefrom those portions lying ~thin the boundaries of public
rights of way.
The Grantee, its contractors, subcontractors, agents or employes,
shall have the right to go upon said real property for the purpose of
constructing, maintaining, replacing, reconstructing or removing said
utilities with the understanding that the Grantee and its contractors,
subcontractors, agents or employes shall, upon each and every occasion,
restore the premises of the Grantors, and any improvements disturbed by
the Grantee as near as practicable, then pay to the Grantor a reasonable
compensation for such conditions that cannot be reasonably or practically
restored, and shall hold the Grantor harmless from all claims against
Grantor, its agents or representatives, arising out of such use.
85.-1'7596
Grantor reserves the righ~ to use the surface of the premises for
walkways, driveways, planting and related purposes and all utilities
shall be at a depth consistent with these purposes. No permanent
structure that would enjoin the Grantee from the intended purposes
of this easement shall be placed upon the premises without the written
permission of the Grantee.
Ail rights hereunder shall cease if and when Grantee's use of the
easement have been abandoned.
No monetary consideration has been paid for this propoerty.
Imted this 20th day of...Sept.e~oer . .., 19 85 .
A~s~',? . ,[torney %ene')l
D~mt~nent of Just!~
STKI~ OF OREGON, ACTING BY AND THROUCH THE
STATE BOARD OF HIG~R EDUCATI(~N, on behalf
Southern Oregon State Co,ll~,ge
Alvia R Batiste, President
Wilma L. Foster,~ Se~re~ar~ ~
· / ~'9' ['" Persgnally appeared Alvin R. Batiste known to me to be the President of the State Board of Higher -' Education,: ~nd: acknowledged 'the fdregoin~ instrument to be the voluntary act of said Board. Before Me:
Notary Public for Oregon
M~ Commission expires: .~,~'.f,
e~'~', L I ;~ i ,~: ." ,.
ff -~".?" Pe/'sonally appeared Wilma L. Foster, known to me to be the Secreta~ of ~e State ~a~ of ~gher
? :., ~t!o~d:ac~owle ged the foregoihg i~t~ent to be the mlmta~ act of said ~ad. ~fore
,.~.. ~., .... ': - ~&' zid for me~oa /~/~
85.- '7596
BARGAIN AND SALE DEED
The STAg~ OF OREGON, acting'by and through the State Board of Higher
Education on behalf of Southem Oregon State College, Grantor, conveys to
the CI~¥ OF ASHL~N>, Grantee, a municipal corporation of the State of
Oregon, for street purposes, the real property situated in said City of
Ashland, County of Jackson, State of Oregon, described as follows:
A strip of land 50 feet in width extm~ding Easterly from the
Easterly terminus of Iowa Street as dedicated on the plat of the
Frohbach Addition to the City of Ashland, Jackson County, Oregon,
lying 20 feet North and 30 feet South when measured at right angles
there from the following described centerline:
Commencing at the Southeast corner of Donation Land Claim No. 39,
Township 39 South, Range 1 East of the Willamette ~{eridian, Jackson
County, Oregon; thence along the extended Southerly line of said
D.L.C. 39, South 89=49'44'' East, 495.20 feet (plat record 495.20 ft.)
to the Easterly terminus of Iowa Street for the True Point of Beginning;
thence continuing along said Southerly D.L.C. line extended South
89°49'44'' East, 708.02 feet to the Westerly right-of-way line og
Walker Avenue for the terminus of said centerline.
]~e side lines of which shall be shortened or extended as required
to close upon said right-of-ways.
]~e undersigned, hereby warrants that said real property is free of
easements, restrictions and encumbrances.
Ail rights hereunder shall cease if and when Grantee's use of the
property fora street have been abandoned.
No monetary consideration has been paid for tt~s property.
Dated this 21st day of June
APPROVED AS TO LEGAL SUFFICIENCY
.:As si~t aFt~- ~A~t0rney Gener~al
DePar~in~}~t ~o f Justice
,19 85
STATE OF OREGON, ACTING BY AND THRGU~q THE
grATE BOARD OF HIC~R EDUG\TION, on behalf of
Souther~ 0_re~ State College
s~. ~ ~ ,y:..~:/'~,. ,~ .
· Louis B. Perry, Pr~sjident
Wilma L. Foster,secretary
Notary Public for Ore~on
Personally appeared ~Lou_uis B...Perry, known to me to be the President of the State Board of tligher
Education~ and ackn6wledge~tne foregoing instrument to be the voluntary act of said Board. Before
......
"~" !, Perso:::~Ily appeared Wilrm.L. Foster, known to me to be the Secretary of. the State Board of H~gher
" ' ~' £ducation~ ~ aclmowledged h5e foregoi'-ffg instrument to be the voluntary act of said Board. Before
Notary Public lot Orefoh
M)' Conmission expires; 14,.~.~/~ ~
85-17596
EASEMENT
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 an easement to the CITY OF AS~ND, Grantee, a ~nicipaI
Corporation of the State of Oregon for the construction and maintenance
of bicycle/pedestrian ways, including the g-fading and paving of an
improved travel surface, on property located in Jackson County, Oregon
described as follows:
The Northerly 15 feet of that parcel of land as described in Tract A and
B of Instrument Noo 68-05960 of the Official Records of Jackson County,
Oregon; being bound on the North by the Southerly line of the Southern
Pacific Railroad right-of-way and on the West and. East by California and
Wightman Street right-of-ways respectively.
also;
A.strip of land 1S feet inwidth and lying 7.5 feet on each side of the
following described centerline:
Commencing at the Southeast corner of Donation Land Claim Number 39,
Township 39 South, Range 1 East of the lgillamette Meridian, Jackson
County, Oregon; thence North 10.49 feet and East 171.58 feet to a point
located within the right-of-way of Iowa Street for the true point of
beginning; thence along the arc of a 158.17 foot radius curve to the
right (the long chord of which bears North 76°19'12"West, 73.90 feet)
74.59 feet thence along the arc of a 94.66 foot radius curve to the
right (the long chord ofwhich bears North 32°03'22'' West, 96.82 feet)
101.63 feet; thence North 01°18'04'' West, 126.91 feet; thence along the
arc of a 93.34 foot radius curve to the left (the long chord ofwhich
bears North 15°06'22'' West, 44.54 feet) 44.98 feet; thence along the arc
of a 88.77 foot radius curve to the right (the long chord ofwhichbears
North 14°25'31'' West, 44.41 feet) 44.89 feet to a point within the
right-of-way of lgightmml Street for the terminus of this easement.
Excepting therefrom those portim~s lying ~,Sthin the boundaries of public
right-of-ways as presently or in the future described.
The Grantee, its contractors, subcontractors, agents or employes,
shall have the right to go upon said real property for the purpose of
constructing, m~intaining, replacing, reconstructing or removing said
bicycle/pedestrian ways with the understanding that the Grantee and its
contractors, subcontractors, agents or employes shall, upon each and
every occasion, restore the premises of the Grantors and any improvements
disturbed by the Grantee as near as practicable, then pay to the Grantor
a reasonable compensation for such conditions that cannot be reasonably
or practically restored, and shall hold the Grantor harmless from all
claims against Grantor, its agents or representatives, arising out of
such use.
$5.-17596
Grm~tor resexwes the right to use The surface of the premises for
walk~'ays, driveways, planting and related purposes and all bicycle and
pedestrian ways shall be at a depth consistent with these purposes. No
Fe~nanent st~acture that would enioin the Grm~tee from the intended
purposes of this easement shall be placed upon teh premises without the
written permission of the Grantee.
Ail rights hereunder shall cease if and when Grantee's use of the
easement have been abandoned.
No monetary consideration has been paid for this property.
rated ~,is ~_~__~ ..... day o~ ___~~
APPROVED AS 2'0 LEGAL SCFFICIENCY
AssiStant Attorney General
Department of Justice
grATE OF OREGON, ACTING BY AND THROUGH
STATE BOARD OF HI~gZR EDUCATION, on behalf of
Southern Oregon State College
S'rATB OF O~C, ON '
c,?,,:,,,,,'i""?,:. ~.._~_, .V-:.:.: -,-'-~" .-
,:~ ~ ~h~sona~!y apt[e~re~ LOu~ ~. r'erD/, known to ~e to be the~resident of the State Board o£ ltigher
~au~at~on; and '~owtc~ge~I-rne' ~orego~n~ instr~rent to be the~61u~tary act o£ saSC~Board. Before Me:
'- ~, ' r~-'.3· ",,," ~ ..... ~a~ ~i~c for~. '-~ ......
~ , .........
SiA~ O: D~,N./7 ."~' C~ssi~ e~ires: ~/~
co~tyof~~ ' ~ '
Personally appeared Wi]ma L. F~ster~
:~,~ SecretaW o~ the State Board of Higher
~'~ation, and ack~owledgc~ ~e ~b~going i~t~:~tent to be the vol~ta~ act of said ~ard. Before Me:
Jackson County, Ozegcn
Recoxded
OFFICIAL RECORDS
I/:o,/00T 1 41985 ,e