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Home My WebLink About2009-213 Temp Easement - WILMA LLC RECORDING COVER SHEET PER ORS 205.234 THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING ANY ERRORS IN THIS COVER SHEET DOES NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. ~ackson County Official Records 2009-~37-214 ' .~~7~ 51n=3 MORGANsW/01/2009 01 :53:06 PM !"111ilrrrrU[lKlIill[ ii, Chrlstln. Walk.r, County Clerk for Jackson County, Or.gon, c::.rtlfy I that the Instrum.nt Identlfl.d h.relnwll recorded In the CI.rk I records. Christine Walker _ County Clerk I.--. ./ r AFTER RECORDING RETURN TO: Name and address of the person authorized to receive the instrument after recording, as required by ORS 205.180(4) and o S 205.238. 1. NAMES OF THE TRANSACTlON(S), described in the attached instrument and required by ORS 20S.234(A) NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to ESe:orded including, bu~r 2. Grantor(s) as described in ORS 205.160. ~ 11U1A.{{ LLC- 3. Grantees(s) as described in ORS 205.160. ~tW~ 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any estate and all memoranda of such instruments, reference ORS 93.030. 5. UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: for instruments conveying or contracting to convey fee tltle to any real estate reference ORS 93.260. TEMPORARY ACCESS EASEMENT AGREEMENT This Temporary Access Easement Agreement is made and entered into this ~ c:<.. day op~':f'k>"2009, by and between WILMA LLC, 744 Helman St., Ashland, OR 97520L by and through its Managing Member, Gregory D. Williams (hereinafter referred to as "Grantor"), and the City of Ashland, a municipal corporation of the State of Oregon (hereinafter referred to as "Grantee"). RECITALS: Section 10.0 of the Verde Village Development Agreement provides that the developer of Verde Village shall maintain safe and free public access to the City Dog Park during the development of Verde Village; and Prior to the physical commencement of construction of Verde Village, the Owner must grant the City a temporary access easement or easements for the purpose of maintaining free and unrestricted public access to the City Dog Park. With the conveyance of the City property containing the existing dog park access to the Owner of Verde Village as part of the approved land exchange, the Owner must provide the City with a temporary access easement covering the existing Dog Park access usage, as well as a temporary access easement for the relocated access after construction requires the closure of the existing access In December 2008, Ashland Flower Shop and Greenhouses Inc., granted a temporary access easement to City with a termination date of July 17, 2011 or the completion of construction of the alternative access, whichever occurs first; and WILMA LLC, is the successor developer to the Verde Village project, having acquired the property from Ashland Flower Shop and Greenhouses, Inc, In July 2009 the City of Ashland granted WILMA LLC a timetable extension to the Verde Village project, extending, inter alia, the time to complete the alternative access to the dog park; and It is in the best interest of the City and successor developer, WILMA, LLC to record this revised temporary access easement and extinguish the prior easement [Instrument No. 2009-002940, recorded 1-28-09]; and f} IN CONSIDERATION OF the mutual promises and covenants set forth herein and other good and valuable consideration reflected in the Development Agreement for Verde Village, the receipt and sufficiency of which is hereby acknowledged, the Grantor and Grantee do hereby agree as follows: Grantor, WILMA LLC, successor to Ashland Flower Shop and Greenhouses Inc., is Owner of the following described real property: Exhibit A: attached hereto and made a part hereof by this reference Grantor, WILAMA LLC, its successors and assigns do hereby grant, remise, and relinquish unto Grantee, the City of Ashland, its successors and assigns, the right, privilege, and easement to use and occupy temporarily, during the construction of the Verde Village Development, the existing access road as well as the relocated access road on Grantor's lands for the purpose of continued public access to the City Dog Park. The right to use the existing access road extends to the general public only for access purposes and only until such time as the Owner determines that it is necessary to close the access and simultaneously establish an alternative temporary access providing safe and free public access to the City Dog Park. Upon the establishment of an alternative temporary access consistent with Section 10 of the Development Agreement the existing access will be abandoned and temporary access will only be permitted on the relocated access area. Grantor shall keep the access clear of obstructions and construction equipment until such time as access is relocated. Grantor shall repair any damage caused by construction equipment or activities, otherwise Grantee shall maintain the access. Grantor shall indemnify and hold Grantee harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of Grantor. Grantee shall indemnify and hold Grantor harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Grantee. Nothing in this Article shall require a party to indemnify the other party against such other party's own willful or negligent misconduct. In connection with the existing and relocated access easements on Grantor's property, Grantor shall, at its own cost and expense, maintain in full force and effect a policy of comprehensive general liability insurance in an amount of not less than $1,000,000 naming Grantee as an additional insured. Grantor shall utilize only licensed contractors to perform the construction and installation work and such contractors shall also carry liability and workers' compensation insurance. The right, privilege, and easement herein granted for temporary access and use of the Temporary Access Easement Property shall cease and terminate only after completion 3- of construction and final City inspection and acceptance of the new public streets in the Verde Village project providing safe access to the City Dog Park or July 17, 2014, whichever occurs first. This instrument and the covenants and agreements provided for herein shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors, and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument effective the day and year first hereinabove written. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement was executed by all parties. GRANTOR WILMA LLC." Gregory Dated \\ \"1 \ <- Db} . OffICIAl. SEAl APRIL M. WCAI . NOTARY PUIIlJC."IlIGOH COMMISSION NO. ~244 MY COMMISSION EXPIRES JAN. 9. 2013 STATE OF OREGON) ) County of Jackson ) The foregoing instrument was acknowledged before me this ~ day of 'Sq::>te...\--{'oe.r 2009, by Gregory D. Williams, as Managing Member and authorized agent of WILMA LLC, successor developer to Ashland Flower Shop and Greenhouses, Inc. ~p.->-J ViU. _ ......,~V~O---A--- Notary Public for Oregon My Commission Expires: \ \ C\ \ ~\ -0 A proved as to Form: v{ John Blackhurst, Attorney for GRANTOR GRANTEE [City Acceptance ORS 93.808] CITY OF ASHLAND ~/Jt~d ~ayor John Stromberg './ STATE OF OREGON) ) County of Jackson ) OFFICIAL SEAL DIANA R. SHIPLET NOTARY PUBLIC-OREGON CO'-o!MISSION NO. 405584 MY COMMISS'O" F.XP1AES MAY 2, 2010 .J- instrument was acknowledged before me this ~ day of 2009, by John Stromberg, as Mayor and authorized agent of City of @~~J~ Notary Public for regon My Commission EXPires:~OI 0 The foregoing ~rnbP!t As and. APPROVED AS TO FORM Richard Appi ell City Attorney / ') EXHIBIT "A" [Legal description of property owned by Verde Village after the land exchange which encompasses the existing dog park access...as well as the property where Verde proposes to relocate the access] Parcel number 1 of that Land Partition filed for record on the 18th day of November, 2008 and recorded as Partition Plat No. P-66-2008 referenced in Index Volume 19 Page 66 of the Records of Partition Plats in Jackson County, Oregon. Lo