HomeMy WebLinkAbout2009-214 Public Art Easement - Garland
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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
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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.
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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~
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Jerry rand
Ch/A,i.f /k/11aJ77d /
Cherie Garland
STATE OF OREGON
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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))
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PIIRI Ir. ART I=A~I=MI=IIJT
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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.
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. 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.
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(,
.2009.
County of Jackson
of
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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
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PUBLIC ART EASEMENT