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Home My WebLink About2005-058 Easement - Avista Jackson County Official Records 2005-028618 R-EA Cnt=1 Stn=4 SHAWBJ 05/16/2005 11 :32:29 AM $30.00 $5.00 $11.00 Total :$46.00 1111111111111111111111111 01112041200500286180060069 I, Kathleen S. Beckett, County Clerk for Jackson County. Oregon, certify that the instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk Return Address A vista Corporation Real Estate Dept MSC-25 P.O. Box 3727 Spokane, Washington 99220-3727 RIGHT OF WAY EASEMENT AGREEMENT This easement agreement entered into this .'3 rd _ day of Ma~_____, 2005, by and between _/ A VISTA CORPORATION, A Washington corporation ("Avista"), formerly The Washington Water Power Company, and the CITY OF ASHLAND, OREGON, A Municipal corporation of the State of ORE CION ("CITY"), for and in consideration of Mutual Benefits the receipt of which is hereby acknowledged, hereby agr~e and create an easement in favor of CITY on A VIST A'S Ashland Service Center lands, upon certain terms, conditions and restrictions herein, over, under, and across a tract of land situate in Lots I & 2 of Block 15 in the City of Ashland, Jackson County, Oregon, and being legally described in the attached Exhibit "A "- Legal Description and illustrated in the attached Exhibit "B"- Plat of the Easement Area, herein referred to as the "Easement Area." I. PURPOSE. CITY shall have the right of construction, use, operation, inspection, repair, maintenance, removal, replacement and upgrading of storm water drainage structures, and appurtenances within the Easement Area. 2. ACCESS. CITY shall have temporary right of access to the Easement Area over and across the adjoining portion of the lands owned by A VIST A, herein referred to as the "Temporary Construction Area", as identified in the attached Exhibits A & B to enable CIY to exercise its rights hereunder, provided that CITY shall restore the Temporary Construction Area used for access to a condition at least as good as existed prior to using the area for access. There shall be no access to the easement area from the west The use of the Temporary Construction Area shall terminate with the completion of the work or on April L 2005, vvhich ever occurs first. 1 \ '''7>( . I Avista Corporation Document No. ~ -- ~~~~___ Paue i of I b ___ ~_ 3. RIGHT OF WAY CLEARING AND MAINTENANCE. CITY shall have the right to cut, trim and remove any and all brush, branches and trees located within the Easement area. CITY shall also control on a continuing basis and by any prudent, environmentally friendly, and reasonable means, the growth of noxious weeds and the establishment and growth of trees, brush and other vegetation located within the Easement Area, as further set forth in Section 8 of this agreement. 4. EXISTING STRUCTURES. CITY is aware that A VIST A operates a Service Center, Gas Regulator Station and Natural gas pipe and related facilities adjacent to the Easement Area, and has existing structures and facilities within the Easement Area. CITY, for itself and on behalf of its employees, contractors, subcontractors, agents, licensees and invitees, agrees that no exercise of the rights herein granted will commence without first contacting A VIST A no less than 3 business days in advance to determine the impacts on A VISTA's existing facilities. Activities conducted by the City shall be done in such a manner as to not interfere with or endanger any part of the existing A vista facilities in the easement area. The City shall construct it's facilities to all allow for the surface use of the Easement Area by vehicles and other equipment of A vista and it's agents or assigns. If, in A VIST A's sole judgment, the rights granted to CITY under this agreement mayor could in any way impact the structural integrity, reliability, safety, stability or in any way may cause damage to A VIST A's facilities now or in the future, then at the expense of the CITY, A VIST A or its designated contractors, subcontractors, employees, licensees or agents shalll be allowed to perform whatever is requisite and necessary to protect and/or restore such affected A VIST A facilities, after first giving the CITY written notice providing a reasonable time to cure. 5. AVISTA'S USE OF EASEMENT AREA, The rights of the CITY in the Easement Area are subject to the rights of A VIST A to construct. reconstruct, operate and maintain its Service Center, Gas Regulator Statiom, and natural gas lines, and appurtenances. A VIST A reserves the right to the use and enjoyment of the Easement Area, to the extent such use does not contlict or interfere with the CITY's rights as granted hereby within the Easement Area, Vehicle use of the surface of the Easement Area by A vista will not be a conflicting use of the Easement Area. 6. INDEMNITY, CITY, for itself and on behalf of its employees, contractors, subcontractors, agents, licensees, guests and invitees, indemnities and holds harmless A VIST A from any and all claims for injury or damage to persons or property suffered by A VIST A including A VIST A's agents, guests and invitees, which may be caused by CITY's negligence in the exercise of the rights herein granted. provided, that CITY shall not be responsible to A VISTA or A VIST A's employees, contractors. subcontractors. agents. guests or invitees for any damages or injury to any person or property caused by the acts or omissions of A VIST A. Avista Corporation Document No, _______ Page ~'-- of _L_ 2- CITY is aware of the potential dangers inherent to working within close proximity to A VIST A 's natural gas facilities and structures, and agrees to abide by all safety codes whether, national, regional or local. CITY, and on behalf of its employees, contractors, subcontractors, licensees, agents and invitees, releases and holds harmless A VIST A from any liability or claims for damage or injury or death to persons and/or damage to or Ims of property that occur upon or about the Easement Area arising out of the CITY's use of the Easement Area 7. LAWS AND REGULATIONS. CITY is responsible for assuring that any activities approved by this easement agreement are in compliance with any and all applicable Federal, State and Local government requirements, laws and regulations. 8. NOXIOUS WEEDS / HAZARDOUS MATERIALS" The CITY shall be responsible, per the terms of this agreement, for controlling any noxious weeds on the Easement Area, which result from CITY's use, activities and occupancy of the Easement Area. CITY shall not allow the dumping of any hazardous chemicals or materials to occur in or about the Easement Area, and shall be responsible and liable for all costs of cleaning and disposing of any environmentally damaging materials, chemicals or deposits from the Easement area, which are th~ result of the rights exercised by the CITY hereunder. CITY. its employees, contractors, subcontractors, licenses, agents and invitees shall comply with all applicable federal, state and local laws regarding hazardous materials. Solely for the purposes of this easement agreement, what constitutes hazardous chemicals or materials shall be at A V I ST A's sole determination. 9. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors. heirs and assigns. ::ISZ,P~,R;TI~/___ '<' ,__ Its: i/"(~ ,(./' I)';" -i,'['- f /,'. --(.~ t; />1;1/"- CITY OF ASHLAND ~ ~~. \' By l . ~~'-~ I~~ _ \ ~ EJ\v1 ~_ -- . \ ~ \ Avista Corporation Document No. _ Page _.::S of~_ ~ ST ATE OF WASHINGTON ss. County of Spokane On this ~'~"- day of /I-~"/; L''---' , , 2005, before me, personally appeared Donald J. Malisani, to me known to be the Manager, Real Estate Department of A VIST A CORPORATION, the corporation that executed the withm and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. written. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year tirst above /7, ' //: t/ I 0Z.~4(!t:J:::~, -/-Y( ~/t d_';-;~/.Y-~ ,_ Notary's printed nameli!'S(.V;//4 J. - .5/Z'6t-1~ Notary Public in and for the State ofVv'ashington, residing at Spokane , My Commission expires: .J::."./- /, I 2 C",f (.. ~, - ------- ST ATE OF OREGON ss. County of Jackson On this day personally appeared before me John W. Morrison. known to be the to be the Mayor of the City of Ashland, Oregon and who executed the within and foregoing instrument and acknowledged that he signed the same as a free and voluntary act and deed. for the uses and purposes therein mentioned, GIVEN under my hand and official seal this ~) rd day of __/LI1~_____, 2005. l~.,\ l"i.':E' >."~,,",\. ~i(_/~: ~I OFFICIAL SEAL 1..') f'J1 E S H OLSON c: " OREGON ':';,"J NO, 362969 Mt ;.:iJ/,ii\1'::'iUll EXPiRES DEC. 8. 2006 ~~Jji2~<7L::l._____ / ~ota~yPublic in and for the State of Oregon. / resldll1g at Ashland {;/ My Commission Expires_~C ~~ ZL1:::J~. A vista Corporation Document No, __________ Page _____ of I I . \c_ . Lf- EXHIBIT 'A~ I~IGHT-OF-WAY AND CONSTRUCTION EASEMENTS A permanent right-of-way easement lying over and across Lot 2 of Block 15 in the City of Ashland~ Oregon~ and being more particularly described as follows: Beginning at the northwesterly comer of Lot 2~ Block 15~ in the City of Ashland~ Jackson County ~ Oregon~ according to the 1888 Map thereof; thence along the northerly line of said Lot 2~ South 640 39' 19" East~ 72.00 feet to the northeasterly comer of that certain tract described as ParcelS in Document Number 91-23654~ Official Records~ Jackson County~ Oregon; thence along the easterly line of said tract~ South 230 43' 00" West~ 9.76 feet; thence~ leaving said easterly line~ North 680 16' 39" W est~ 50.00 feet; thence South 670 19' 43" W est~ 31.87 feet to the easterly line of Water Street in said City of Ashland; thence along said easterly line~ North 230 43' 00" East~ 36.64 feet to the Point of Beginning. ALSO: a temporary construction easement lying over and across Lot 2 of Block 15 in the City of Ashland~ ()regon~ and being more particularly described as follows: Commencing at the northwesterly comer of Lot 2~ Block 15~ in the City of Ashland~ Jackson County ~ ()regon~ according to the 1888 Map thereof; thence along tht~ northerly line of said Lot 2~ South 640 39' 19" East~ 72.00 feet to the northeasterly comer of that certain tract described as ParcelS in Document Number 91-23654~ Official RI~cords~ Jackson County~ ()regon; thence along the easterly line of said tract~ South 230 43' 00" West~ 9.76 feet; thence~ leaving said easterly line~ North 680 16' 39" West~ 21.14 feet to the Point of Beginning; thence South 670 34' 01" West~ 73.38 feet to the easterly line of Water Street in said City of Ashland; thence along said easterly line~ North 230 43' 00" East~ 28.82 feet; thence~ leaving said easterly line~ North 670 19' 43" East~ 31.87 feet; thence South 680 16' 39" East~ 28.86 feet to the Point of Beginning. February 14~ 2005 ,~~\ REGISTERED ~ -PROFESSIONAL I LAND SURVEYOR~,_I ~,L OREGON J JULY 25.1990 STUART, M. OSMUS .. No. 24M bplrn ~(V3(/O~ r- ' ' /'!~) ~ (( &-, 5 EXHIBIT B MAP OF EASEMENTS ACROSS PARCEL Oy\TNED BY AVIS'rA CORPORA-rION FOR CI'TY OF ASHLAND, OREGON NORTHWESTERL Y CORNER LOT 2, BLOCK 15, CITY OF ASHLAND (POINT OF BEGINNING) SCALE: 1"= 20' FEBRUARY 11, 2005 t @ ~ VJ !$ ~ ~ / / / i<J / >< / ~O; / $0 ...~...'...., .'" ~~ .O(P . ..,,' I S) ~~~<'/ .~~k; ~ 0,' -'j ~ / TEMPORARY CONSTRUCTION EASEMENT (SHOWN HA TCHED) / / / / / TAX LOT 6800 OR 91-23654 / R F S'. ! S -r ':. h P R "" ~:: ,,- ('::~ (',:~ ! ,~ r\ ' /\ ' ",../ i c: ,,~, '",." i '"",. " '>{ r'"'. LEGEND / / LAND SljF:\'~()R ,A--~ ~=-~';"":'" C;,: STu~i~lf,:.;~~.;,:,.,. ;.,..',,",',.j No. 241~+", -I __~~~"'~"'._ "~.'A~ I:',...~'ht,?i I L j 3 I r\ I ~ ''''-~-- ~ PROPERTY UNE ---- / / --- EASEMENT OR 91-23654 OffiCIAL RECORDS, JA CKSON COUN TY, OREGON / / / (J L) (; t-f ~ TERRASUR1{EY, INC. PROFESSIOiVAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGO!\' 97520 (541) 482-6474 terrajn~jnd,llet BASIS OF BEARING: DOCUMENT NO. 91-23654 T 39 S, R 1 E. SEC 04CC, TL 6800