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Home My WebLink About2011-009 Temp Access Const Easement - Ashland Loop ~ , Jackson County Official Records 2011-004330 R-E Cnt=1 MANCUSTL 02/08/201112:59:38 PM $25,00 $10,00 55,00 S11,OO $15,00 Total:$69.00 $3,00 /I "'II/II/ " / "" "" 1111/ 014643392011000433000S0050 I, Christine Walker, ~oun.IY Clerk for Jackson County, Oregon, certify that the Instrument Identified herein was recorded inthe Clllrk records. Christine Walker - County Clerk Document to be Returned to: Dallas Hymans and Sidney Morrison 550 Ashland Loop Road City of Ashland, Oregon 20 East Main St., Ashland, OR 97520 Barbara Christensen, City Recorder 20 East Main St., Ashland, OR 97520 $2,000 and other good and valuable consideration Grantors Grantors: Grantee: True and Actual Consideration: Send Tax Statements to: TEMPORARY CONSTRUCTION EASEMENT FOR CITY OF ASHLAND RECITALS A. Grantor owns certain real property of record located in Jackson County, Oregon, and legally described on Exhibit A ("Grantor's Property"). which is attached and incorporated by this reference. B. Grantee owns certain real property of record adjacent to Grantor's Property also located In Jackson County, Oregon, and legally described on Exhibit B ("Grantee's Property"), which is attached and incorporated by this reference. C. Grantee intends to improve its property by constructing Water Facilities. Grantor's Property and Grantee's Property are sometimes referred to In this Agreement collectively as the "Property." NOW, THEREFORE, for the sum of $2000.00 to be paid by Grantee to Grantor, Grantor and Grantee covenant and agree as follows: 1. Grant of T emporarv Construction Easement. The above named Grantors grant to Grantee a temporary non-exclusive non-transferable easement (the ''Temporary Construction Easement") over, under, in, along, across and upon the Grantor's Property to provide access to adjacent City-owned property necessary for the construction of the Water Facilities and other construction purposes reasonably related to the initial construction of the improvements. 2.Use of Area. Grantee, its agents, independent contractors and invitees shall have the right to construct a temporary accessway to adjacent City of Ashland-owned property described in Exhibit B, solely for the purpose of constructing the aforementioned Water Facilities. 3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right of ingress and egress to the easement area for the purposes stated in Section 2 of this easement. 4. Temporarv Construction Easement. The Temporary Construction Easement shall commence on the effective date of this Agreement and shall automatically terminate and expire upon: (I) the date construction of the Improvements are completed, or (II) January 1, 2020, whichever date shall first occur. Upon the expiration of the Temporary Construction Easement, all of the rights and benefits of Grantee in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. 5. Reservation bv Grantor/Non-Exclusive Use. All right, title and interest in and to any easement area under this Agreement, which may be used and enjoyed without interfering with the rights conveyed by this Agreement, are reserved to Grantor; however, Grantor shall not enact or maintain any buildings which may cause damage to, or interfere with, the improvements to be placed on Grantee's adjacent property; or develop, landscape, or beautify any easement area in any way which would unreasonably or materially increase the costs to Grantee of installing the Improvements or restoring any of the Property after such installation. 6. Covenants Runnina with the Land/Assianment. The parties to this Agreement acknowledge and agree that the easements and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. Without limiting the foregoing, Grantor acknowledges that Grantee's rights under this Agreement are assignable; that Grantee may enter into agreements to sell or otherwise may transfer Grantee's Property, either to affiliates of Grantee or to third parties, and that Grantor hereby consent to Grantee's assignment of all of its right, title and interest and its delegation of all of its obligations created under this Agreement upon any such sale or transfer. Upon any such assignment, Grantee shall be forever released and discharged from any and all claims, demands and damages which Grantor may have, make or suffer as a result of anything done or occurring after the date of such assignment. Nothing contained in this section shall in G:\pub-wrks\eng\06-01 Loop Rd Resv\Eng\easement\Temporary Construction Easement FINAL.doc any way be construed as releasing Grantee's successors and assigns from any obligations to Grantor created by this Agreement or to in any way limit Grantor's remedies at law or in equity as against such successors and assigns. 7. Liabilitv. Grantors shall be held harmless for any and all liability associated with the use of this easement during the course of construction for this project. Grantee and its assigned contractors shall maintain general liability insurance in the amount of $1,000,000 for the duration of this project. 8. Notice of Entrv. Grantee, its agents, independent contractors and invitees shall notify Grantor when the easement area is to be occupied and when material and equipment will be removed from the premises. The easement area will be restored to as near pre-construction conditions as possible. 9. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 10. Effective Date. This agreement shall be effective upon the date it is executed by an authorized representative of each signing party. 11. Authorized Reoresentative. Each individual signing on behalf of a party to this Agreement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. 12. Notices. Any notice permitted or required by this Agreement shall be deemed received, if delivered, when actually received, or, if mailed, on the third day after mailing by registered or certified mail, postage prepaid, to the party's address set forth below their respective signatures to this Agreement, or to such other address designated in writing to the other parties. -i1.~ WDIJ1,l{~ Sidney M 'rris n -z-12-/'l Date cnMHCCS: Cily ur A:,I dallJ Date STATE OF OREGON ) ) ss. ) County of Jackson This instrument was acknowledged before me on hA :2 2011. . OFFICIAL SEAL NANCY E. SLOCUM NOTARY PUBUC-OREGON '" COMMISSION NO. 421357 MY COMMISSlO.N EXPIRES SEPT. 18, 2011 G:\pub-wrks\eng\06-01 LOOp Rd Resv\Eng\easement\Temporary Construction Easement FINAL.doc J CITY ACCEPTANCE (ORS 93.808): CITY OF A LAND, GRAN E . OFFICIAL SEAL DIANA R SHIPLET " J NOTARY PUBLIC-OREGON '..." COMMISSION NO. 454135 MY COMMISSION EXPIRES NOVEMBER 28, 2Q14 3 EXISTING EASEMENTS: SD' ROADWAY, TV, 8c PUE PER DOCUMENT ND OR 29843 IS' DRIVEWAY, TV, 8c PUE PER DOCUMENT NO OR 29844 20' DRIVEWAY, TV, 8c PUE PER DOCUMtNT NO OR 29844 , / I 1~.OO' I 574.14' / - - - - ':-.7- "'-'---'-"-r~-"-"-"~"'--" ! I - - 7~~:~;'~_,_~-:.:~.4-:-=- - - i rd (( : ~" \\ I ,\ I ! ~ ,<:~) I zo' ~ ~ ft..! . Co. "ide ,",' ! ! EE~~ion -4- ~r. t ! , , i ~ ! I I! , , , i r----c 130.00 / / / / ,. -~ " , " : l..''''' ~ 550 Ashland Loop Rd 39 IE 16BO TL200 Dallas Hymans o - ~ 39 IE 16BO TL300 City of Ashland Parks Ashlond City Limit I --------- -- 463,79' EXHIBIT A . ~ 100' eo' 0 .00' ,..' G:\pub-wrks\eng\06-01 Loop Rd Resv\Eng\easement\Temporary Construction Easement FINAL.doc L( EXHIBIT B 'lb>t (X)rt1a1 of tIYa roith 1/2 of Section 16, 'fQolSIrlp 39 sOuth, Ral'O' 1 East,' wniimltta ' ~I:!ri(\/en, in tIYa CDlnty of Jod<Sal, SUIte of Oregoo, 'descr!lJed lIS follows. Ocl1ii""clr~"&t '& fOJl'Yl 2-1/2" dlmeter brnss cap 1lBIkEd: '&.l8in &JxveyI~, T.39S., ,il.I&.,'(N 1/16 Sea 16, RI.S 759, 9.Jtvey ~l:nJreIlt, 1982', 1I<IUlEnt1.r9 l;Iio center nOrth 1/16 of SaId Sact1cn 161 tIEn:e a:.rth 06'06'04" west ,23'/,59 feet Ix> 8 5/8' 1x<xt pin, tIYa true point of beginillllg; tIEn:e a:.rth 51'10'02" West 150,35 feet to 85/8'"iIOO P!OI t:IEr'ai &..11:11 07'56'09" west 335.48 feet Ix> 8 5/8" iron pin, tlEn:e5c>.1th 89'58'52' west ,469,.74 feet alorg tIYa,rorth 1100 of tIYa swlteast cjUa:cter of tIYa, swt!>aOSt quar:t& Of tIYa ilortII;est ~ ofsaJ.d ' Sectii:n 16, to if 5/8" iron pin; ttMoe, Mlr:th, 00'20' 52" Nest 426.235 feet IiItrg t:l'e east 1Wi of tIYa J'DI1:hoest quarter of tIYa riouthOast iJuartl>t'of tIYa'riclrtIN>stquaiter ofliald ' Sectial16, to 85/8" ,iron pm; \:IexJe Il:lrth 89'57'26" East 635.76 foot Ix> 85/8" iron pin, t:l'e'true p:>Int of beg~. " " ' \ G:\pub-wrks\eng\06-01 LOOp Rd Resv\Eng\easement\Temporary Construction Easement FINAL.doc 5