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HomeMy WebLinkAbout2009-214 Public Art Easement - Garland - --- - -~ ---- --.- Jackson County Official Records 2009-037215 ~~7=1 51n=3 MORGANsW/01/2009 01 :53:06 PM , S20.00 SlO.00 S5.00 SI1.00 S15.00 Total:$61.00 11111 II Il JUIUlJJll lllJJ I, Christine Walker, County Clerk for Jackson County, Oregon, certify Ihatthelnstrumenlldentlfledh.r.lnwlIsrecordedlntheCI.rk records. Christine Walker - County Clerk Name of Transaction: Grantors: Grantee: Return Document to: True and Actual Consideration: Public Art Easement Jerry and Cherie Garland City of Ashland, an Oregon Municipal Corporation Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $10.00 and other valuable considerations PUBLIC ART EASEMENT 1. Purpose. The purpose of the easement is to secure authorization to use and access private property for the public art purposes pursuant to AMC 2.17.120. 2. Grant of Easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee," a perpetual non-exciusive easement in gross to install, construct, reconstruct, use, operate, inspect, repair, maintain, replace and remove Public Art from the City of Ashland Public Art Inventory (whether or not such art is on loan to the City of Ashland or owned by the City), across, along and upon the real property described below and further referred to in this easement agreement as the "easement area." The easement area is located at 199 E. Main Street, on 391 E09BA, Tax Lot 10500, said easement area being within the City of Ashland, Jackson County, Oregon and is more particularly described and shown on the attached Exhibit A. 2. Use of Surface. Grantors shall have the right to use the easement area for all purposes not inconsistent with the public art uses and purposes of the property granted herein, provided that Grantors shall not excavate or fill the easement area, nor shall Grantors build, construct or erect any structure upon the easement area without the prior written consent of Grantee. 1. Access to Easement Area. Grantee, its agents, independent contractors and invltees shall have the right of ingress and egress to the easement area for all purposes connected with this easement. 4. Maintenance. Grantor shall be responsible for maintenance and repair of the public art easement area, including but not limited to maintaining the easement area in compliance with any applicable governmental regulations. Grantee shall also have the right to maintain the easement area after providing seventy-two (72) hours notice to Grantor that the area is in need of maintenance; upon Grantor's neglect or refusal to perform maintenance, City may enter the property, perform maintenance and assess all such costs against Grantor. Grantor shall pay any such assessed maintenance costs within thirty (30) days of receipt of an invoice from City. PAGE 1- PUBLIC ART EASEMENT 5. Insurance. In connection with the Easement Area, 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 $500,000 naming Grantee as an additional insured. 6. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such public art facilities are installed, constructed, reconstructed, maintained, replaced or removed, provide to Grantors reasonable notice, and restore the premises of the Grantors, and any improvements disturbed by Grantee, as near as practicable to their prior condition. 7. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for public art purposes for more than twelve (12) months or upon formal extinguishment of the easement by the City Council after a hearing in accordance with ORS 221.725. 8. Indemnification. Subject to the limitations of the Oregon Tort Claims Act, ORS 30.260 - 30.300, 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. 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. Nothing in this Article shall require a party to indemnify the other party against such other party's own willful or negligent misconduct. Grantor and Grantee acknowledge they are entitled to certain immunities as provided in ORS 105.672 et seq. 8. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANT~ #f.~ ~4I'~~~~~,L/ Jerry rand Ch/A,i.f /k/11aJ77d / Cherie Garland STATE OF OREGON ) County of Jackson ) ss. ) The foregoing instrument was acknowledged before me this J?9 day of -:-Jul,) 2009,bY-::fEIt'RrG)<\~LANI':. AkA GEfi//"-,> G. GA~I- A:N)) PAr::1= ?_ ~ PIIRI Ir. ART I=A~I=MI=IIJT -..' ., OFFICIAL SEAL J. SHARON SLACK NOTARY PUBLlC.OREGON COMMISSION NO. 432475 MY COMMISSION EXPIRES NOV. 1. 2012 dtA >>Cl!-C! --L Nota Public for Oregon My commission expires:..LI- / -.;? 0/ Ol.. STATE OF OREGON ) ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this "<9 day of 'I ;\ILJ 2009,by (lh/EAJ,,""&- 6.4.R.LA_"lt..D . OFFICIAL SEAL J. SHARON SLACK \....; NOTARY PUBLIC-OREGON COMMISSION NO. 432475 MY COMMISSION EXPIRES NOV. 1. 2012 ~~~ Nota Public for Oregon My commission expires: / / -/ - .;lo/~ CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, Grantee By: STATE OF OREGON G/-I-- ~he ~Oing instrument was acknowledged before me this day "8 - , 2008, by John Strow as Mayor of the City of Ashland. rJ"tL~ . OFFICIAL SEAL No ary Public for 0 gon DIANA. R. SHIPLET My Commission expires: ^ J nD 0 ;;"0/0 NOT,'.AY ,'U!'!L1C-OREOOH /V~V\. 0( I COMM1S~~;0N NO. 405584 IotY COMMISSI01! SXP' "e<s"pw 2, 2010 ) ) ss. ) ~- (, .2009. County of Jackson of PAGE 3- 3 PUBLIC ART EASEMENT EXHIBIT A N.E. 1/4, NW. 1/4, SEC.9, T.39S., R.1.E., W.M. 391 E09BA10500 Jackson County Public Art Easement 199 E. Main Street Ashland Oregon 39 1E 09 BA, Tax Lot 10500, July 17, 2009 PAGE 4- ~ PUBLIC ART EASEMENT