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HomeMy WebLinkAbout1996-229 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 easement for the planting, care including watering, maintenance, and replacement of eighteen (18) trees over, across, and upon the below described real property along State Highway 66, also known as Ashland Street: The width of the easement shall not exceed five (5) feet on the North side of the following described line. Commencing at a point where the West line of Donation Land Claim 45 in Township 39 South, Range 1 East, Willamette Meridian, intersects the section line between Sections 10 and 15 of said Township and Range; thence North along the West line of said Donation Land Claim, 221.9 feet; thence South 56°13' East 356.14 feet along Siskiyou Boulevard to intersect the North right-of-way of State Highway 66 (aka Ashland Street), for the TRUE POINT OF BEGINNING; thence following the North line of said Highway 66, South 89 °52' East 916.24 feet to the terminus of this easement. The Southeast portion of OR 92-16184 (39-1E-10 DC 4200) The GRANTOR herein acknowledges that any and all trees or replacement thereof, installed in or upon said real property by said GRANTEE, shall remain the sole property of said GRANTEE and may be removed from said real property at any time at the discretion of the GRANTEE. 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 trees are planted, maintained, replaced, 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. 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. q()SI ?City ol Ashland ~'~ ' ........... 1 of 2 This grant of easement shall be binding upon, and shall inure to the benefit of GRANTOR and its successors and assigns and GRANTEE and its assigns. DATED this /.v~,~. day of ~ , 1996. STATE OF OREGON )ss COUNTY OF STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf of SOUTHERN OREGON STATE COLLEGE To ,m/Imeson, V~ce Pres dent Vir~~ia L. Thompson, Secretary This instrument was acknowledged before me on this }5*-~ day of -)f(O:t)I,i,'?J2.f,'} Tom Imeson, as vice president of the Oregon State Board of Higher Education. : Notary ~blic for Oregon a ...... ~ ~ My Commission Expires: ~ ',~, ' , 1996, by STATE OF OREGON )ss COUNTY OF [~Z~,~ 0'~ '~ This instrument was acknowledged before me on this }(5~' day of Virginia L. Thompson, as secretary of the Oregon State Board of Higher Education. ~.,:;... :. ~ Notary ~blic for Oregon . ~ My Commission Expires: ~' , 1996, by APPROVED AS TO LEGAL SUFFICIENCY Assisttint Attorney General Department of Justice State of Oregon Date ~;OS{' City of Ashland "~ ............... 2 of 2 CITY OF ASHLAND CITY HALL NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN CITY RECORDER DATE: PROJECT: JOB NO.: SUBJECT: OCTOBER 20, 1998 ASHLAND STREET TREES STREET TREE EASEMENT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: ORIGINAL EASEMENT FROM S.O.U. FOR TREE PLANTING ON ASHLAND STREET. ENCLOSED X UNDER SEPARATE COVER REMARKS: This easement was just recently recovered from files. COPIES TO: Department of Public Works ~ Engineering Department By: Jim Olson Title: Engineering Services Manager G: Dawn/Street/Ashland St. SOU Easement NOT.wpd