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HomeMy WebLinkAboutDocs 547-548-549 - EasementsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 26, 2011 I Please see directions for completing this document on the next page. DATE: September 21,2011 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Documents 2011-547, 2011-548, and 2011-549, to accept easements granted to Deschutes County to install gas monitoring probes. PUBLIC HEARING ON TIDSDATE? NO BACKGROUND AND POLICY IMPLICATIONS: Deschutes County owns approximately 75 acres near the intersection of Simpson Avenue and SW Century Drive, Bend. It is the site of a closed demolition landfill. The Oregon Department of Environmental Quality (DEQ) regulatory closure was completed in June 1998. One of the closure permit requirements is to monitor landfill gas along the northern and eastern perimeter of the landfill site in nine dedicated monitoring probes within the property. Monitoring probes are standard at all landfills. To date, no gas has been detected on private property. DEQ recently directed us to install three additional probes on private property east of the landfill (see attached aerial photo). We have acquired easements from those property owners. ORS 93.808 requires political subdivisions to accept conveyances before recording the documents in public records. FISCAL IMPLICATIONS: Deschutes County will pay property owners approximately $24,700 consideration for the easements. The compensation is based on 2010 real market value published by the Deschutes County Assessor. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature by the Board of County Commissioners. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: IAll originals back to Teresa Rozic for recording. ~ t I I i ~. t 1 DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: [09/19/2011: Department: [Property & Facilities! Contractor/Supplier/Consultant Name: iN/Aj Contractor Contact: IN/A Contractor Phone #: '-------' Type of Document: Acceptance -Exclusive Easement Goods and/or Services: N/A Background & History: The Oregon Department of Environmental Quality (DEQ) regulatory closure for the Demolition Landfill was completed in June 1998. One of the closure permit requirements is to monitor landfill gas along the northern and eastern perimeter of the landfill site in nine dedicated monitoring probes within the property. DEQ recently directed us to install three additional probes on private property east of the landfill. We have acquired easements from those property owners. ORS 93.808 requires political subdivisions to accept conveyances before recording the documents in public records. Agreement Starting Date: [Upon signature[ Ending Date: ~.__ Annual Value or Total Payment: IQPJo $24,700 will be paid to landowners[ D Insurance Certificate Received (check box) Insurance Expiration Date: I [ Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify ­see DCC §2.37) Funding Source: (Included in current budget? DYes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? DYes [2] No Special conditions attached to this grant: 9119/2011 Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: ( L~ ~ ........ Signature Date Distribution of Document: Official Review: County Signature Required (check one): SOCC D Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____ Legal Review Date Document Number 9119/2011 After recording, return to: Deschutes County Property & Facilities Dept. 14 NW Kearney Ave Bend, OR 97701 For Recording Stamp Only EXCLUSIVE EASEMENT KTMD PROPERTIES, LLC, an Oregon limited liability company, Grantor, grants to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, an exclusive easement and right to use, and occupy an area no larger than ten feet by twenty feet (10' x 20') for the purposes of installing, maintaining and operating a gas monitoring probe or probes upon, over, across and through the real propertyof which the final location will be within the area shown on the attached Exhibit A as "Easement 1" (the "Easement Area"), which is incorporated herein by this reference This Easement is granted on the following terms and conditions: 1. SCOPE. This Easement shall be limited to the legal description described herein. Any clearing of vegetation is limited to the Easement Area, and shall comply with local zoning requirements and restrictions of record. Upon completion of the gas monitoring probe, Grantorwill record a revised metes and bounds legal description that depicts the final location of the probe and an easement area approximately ten feet by twenty feet (10' x 20'). 2. GRANTOR'S RIGHTS. Grantor shall have the right to use the land subject to this Easement so long as Grantor's use does not interfere with this Easement; provided that Grantor shall not place any structure upon the Easement Area without the prior written consent of Grantee. 3. GRANTEE'S RIGHTS. Grantor further grants to Grantee the right of ingress and egress over and across adjacent lands owned by Grantee by any practicable route to and from the Easement Area as shall cause the least damage and inconvenience to Grantee. 4. This Easement is granted subject to any and all prior easements or encumbrances of record. 5. Grantee and its successors covenant that they shall not generate, store, process, dispose of, release or discharge into the environment, any hazardous, toxic, radioactive or otherwise dangerous or regulated substance on, in or about the Easement Area. 6. Grantee herein agrees to indemnify, defend and save harmless, Grantor, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with the grant of this Easement, or any future activity or occurrence upon, within or otherwise related to this Easement. Said indemnification shall be severable and shall survive independently of any termination of this Easement 7. This Easement shall not constitute a land use permit or approval, nor shall Grantee undertake or permit any activity to take place within Easement Area in violation of local land use ordinances or any other federal, state or local laws. 8. Grantee accepts the Easement Area in its "as is" condition, except as specifically noted in this Easement. Grantee shall at all times keep the Easement Area in a safe, clean and maintained manner and acknowledge that Grantee shall have exclusive responsibility for repairs and maintenance of the Easement Area. 9. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE DC 2011-547 1 TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance will be calcu lated on the following formula : $38 .336 per square foot of easement area times ninety percent(90%). GRANTOR: Date : rI/;2- 1 /I ( Date: rJ/bL // J ~ .. By: ______~~~ ______~~T_-----Date : cr/~\/l\ Thomas Jett, Member Date: 9·J:i. l {By ~:Istl Jet .h..~ ember STATE OF t1&k..i '-~ ss . County of .l/ICf41-04 l On this IJ-day of ~f;-Ie.m"~· , 2011, before tTle , the ~9.e ~,gf1 edA tv ~ Notary Public, personally appeared £)?lOI cl 0 tu11 '/ ,,<.7 ~e:t ~I'" Member of KTMD PROPERTIES LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute, its articles of organization or its operating agreement. JU~/~' I Notary Public for r-(0 tL/ a My Commission Expires: 1) 7/' y/t '-I, ~C'~~V. ~~4'0 *.~-I< ..~... ofr"O FflC'f' MARTHA RIVERO MY COMMISS ION #EE 008626 EXPIRES : July 14 ,2014 Bonded Ttvu Bud get Notary SeMces ""­ STATE OF ;-/UILfdc.. · ) County of Hie, f.-(1-i)'Lt t (. ,~ss . On this I J .day of ~~teznl&--,1;011 , before me, the = nM v Notary Public, personally appeared /}1Ct, i [ C T(J;tcf He: :r Member of KTMD PROPERTIES LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute , its articles of organization or its operating agreement. Ir'( CLltLtk-~M . ~ . Notary Public for H()li ~ it l\IIy Commission Expires: Z> 7 IN~"';, ~C"\~;:'~~~0 MARTHA RIVERO 7 • • MY COMMISSION #EE 008626 * -I< EXPIRES :July 14,2014~ "~r"Of f\.O~<:)'" Bonded Ttvu Budget NoIarj SeI'Iices DC 2011-547 2 EXCLUSIVE EASEMENT (Continued) STATE OF OREGON ss . County of Deschutes '11)1 On th is err ...-day of --r:-=-I--'-~;':"::'':''''''':;'~ Notary Public, personally a eared -I-...L....J.~:.c=t!::::I:;.~,Cf/':..::Io:::~______ Member of KTMD PROPERTIES LLC , and known 0 e to be a member or designated agent of the limited liability company thct executed e foregoing instrument by authority of statute, its articles of organization or its operating agreement. ~k~ Notary Public for Oregon My Commission Expires : OFFICIAL SEAL BONNIE LEE BAKER NOTARY PUBLIC-OREGON COMMISSION NO. 455987 ~Jr On this C7/ -day of -i~*:L!:::::..!..!..~~ Notary Public, personally ap eared --.'u...<<.L-<~---"-""""..:.L-"""""_______ STATE OF OREGON ss. County of Deschutes Member of KTMD PROPERTIES LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute , its articles of organization or its operating agreement. ~'--t»-~ Notary Public for Oregon ~ My Commission Expires : ~?3" 2()/ S­ 2015 O FFIC IAL S EAL BONNIE LEE BAKER NOTARY PU BLIC-OREGON COMM ISSION NO. 455987 DC 2011-547 3 REVIEWED LEGAL COUNSEL ACCEPTANCE Grantee, DESCHUTES COUNTY, hereby accepts the forgoing Easement and the obligations of Grantee set forth therein. DATED this __day of _______, 2011. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON Tammy Baney, Chair Anthony DeBone, Vice-Chair Alan Unger, Commissioner ATTEST: Recording Secretary STATE OF OREGON ) ) ss. Deschutes County ) Before me, a Notary Public, personally appeared Tammy Baney, Anthony DeBone, and Alan Unger, the above-named Board of County Commissioners for Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Notary Public for Oregon My commission expires: _____ DC 2011-547 4 ,... <:\ n.. ::I: <t ~ M If) cO 0 (\J "­If) (\J "­CO CD <! '" W VI <t W 0 10 x VIom <:\~~ W /'0-' CJ> ..... 0" --l.,;:::+: ."'" /' t:JI ­01):> :>: w ~ = 10 '" -.J a 0 x VI W A /' III +' ., U '" 0 l-n.. /',;: TRUE-POINT-Of BEGINNING EASEMENT 1 AREA ±428 SQ. fT. C\I -...I TRUE-POINT-Of BEGINNING EASEMENT 2 AREA ±600 SQ. fT DEMOLITION LANDfiLL 2008-35439 DESCHUTES COUNTY OffiCIAL RECORDS • ~ OFFICIAL RECORDS 2000-18961 DESCHUTES CouNTY OFFICIAL RECORDS lJI. T.L. 714 ~ ,~ ~ ~ ~. 2004-63155 ~~ I\. DESCHUTES COUNTY OFFICIAL RECORDS CENTER 1/4 SECTION 6 2006-65993 DESCHUTES COUNTY OffiCIAL RECORDS JOHN THOMPSON & ASSOCIATES, INC. -~T025\ PARCEL 3 1 2001-54075 \ DESCHUTES COUNTY o fl1 Z -! C :;0 -< o :;0 DESCHUTES COUNTY SOLID WASTE DEPARTMENT DEMOLITION LANDFILL MONITORING WELL EASEMENT LOCATION: NE 114 SECTION 6 TOWNSHIP 18 SOUTH, RANGE 12 EAST, W.M. CITY OF BEND, DESCHUTES COUNTY, OREGON ~ NORTH SCALE: J"=100' 08·25·20n NOTES: 1. BASIS Of BEARING IS THE CENTRAL OREGON COORDINATE SYSTEM. LINE TABLE LINE BEARING DISTANCE 35.11'L1 N06'S6'19"W L2 N01'21'48"E 116.43' L3 N82'03'S4"E 20.27' L4 S01"21'4B"W 22.80' L5 N90'OO'OO"W 20.01' L6 N01'21'48"E 20.00' L7 N06'56'19"W 20.00' LB N82'03'54"E 30.00' L9 S06'56'19"E 20.00' ~10 S82'03'54"W 3_0.~ PREL IMINARY FOR REVIEW ONLY P.O. BOX 683 BEND, OREGON 97709 (541)312·9421 After recording, return to: Deschutes County Property & Facilities Dept. 14 NW Kearney Ave Bend, OR 97701 For Recording Stamp Only EXCLUSIVE EASEMENT KTMD PROPERTIES, LLC, an Oregon limited liability company, Grantor, grants to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, an exclusive easement and right to use, and occupy an area no larger than ten feet by twenty-four feet (10' x 24') for the purposes of installing, maintaining and operating a gas monitoring probe or probes upon, over, across and through the real property of which the final location will be within the area shown on the attached Exhibit A as "Easement 2" (the "Easement Area"), which is incorporated herein by this reference This Easement is granted on the following terms and conditions: 1. SCOPE. This Easement shall be limited to the legal description described herein. Any clearing of vegetation is limited to the Easement Area, and shall comply with local zoning requirements and restrictions of record. Upon completion of the gas monitoring probe, Grantorwill record a revised metes and bounds legal description that depicts the final location of the probe and an easement area approximately ten feet bytwenty-four feet (10' x 24'). 2. GRANTOR'S RIGHTS. Grantor shall have the right to use the land subject to this Easement so long as Grantor's use does not interfere with this Easement; provided that Grantor shall not place any structure upon the Easement Area without the prior written consent of Grantee. 3. GRANTEE'S RIGHTS. Grantor further grants to Grantee the right of ingress and egress over and across adjacent lands owned by Grantee by any practicable route to and from the Easement Area as shall cause the least damage and inconvenience to Gr81tee. 4. This Easement is granted subject to any and all prior easements or encumbrances of record. 5. Grantee and its successors covenant that they shall not generate, store, process, dispose of, release or discharge into the environment, any hazardous, toxic, radioactive or otherwise dangerous or regulated substance on, in or about the Easement Area. 6. Grantee herein agrees to indemnify, defend and save harmless, Grantor, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with the grant of this Easement, or any future activity or occurrence upon, within or otherwise related to this Easement. Said indemnification shall be severable and shall survive independently of any termination of this Easement 7. This Easement shall not constitute a land use permit or approval, nor shall Grantee undertake or permit any activity to take place within Easement Area in violation of local land use ordinances or any other federal, state or local laws. 8. Grantee accepts the Easement Area in its "as is" condition, except as specifically noted in this Easement. Grantee shall at all times keep the Easement Area in a safe, clean and maintained manner and acknowledge that Grantee shall have exclusive responsibility for repairs and maintenance of the Easement Area. 9. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE DC 2011-548 1 TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance will be calculated on the following formula : $38 .336 per square foot of easement area times ninety percent (90%). GRANTOR: Date : _ 1 !;,6=i-----'-1 _.L-f-...L-IL..,J I 1 Date : ~~~J _?:j;L--L-/-,--/;L. Date : Cf .I 2.... \ ( 1 \ Date: 9 .;1../ . it ss. County of M c( -<-11-f) ICC/.p On this Ia.. day of-5.(> ~/ ht e....,--, 20 \ 1, befor~ame , the u.ndersigned Notary Public, personally a peared <{..V I C! () . f)? C!ii.:eJ (l..t\.A. Member of KTMD PROPERTIES LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute , its articles of organization or its operating agreement. If)cui1lfL ~ Notary Public for g '4C&':-} /; ~~RY PII ~Q ••••• '.~0 MARTHA RIVEROMy Commission Expires : /)7 y Lfy '-l . 7 *'''~* MY COMMISSION #EE 00862 6 ..~... EXPIRES :July 14 201 4 ..,r~OFF~o<f>Q Bonded Thru Budget Ncta~ Services STATE OF !Ii-tieU.... County of J..-/;q /--1/-J,uI p ss . On this /J--day of ?J?It2y,~, ,2011, bef9re m~ ~nuJ}~er~igred Notary Public, personally appeared /I) C1/ !lIeC I ; ~ UifZ9-" ) llt".. Member of KTMD PROPERTIES LLC, and kn'own to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute, its articles of organization or its operating agreement. 7(jcu/M ~ ~~RY PII". ~o •••••,.'V<, MARTHA RIVERONotary Public for hu~ )Ii My Commission Expires : O)jt'--6!-l( . *' ''~* MY COMMISSION' EE 008626 ...~,.. EXPIRES: July 14,2014 "'~OFF~O<f><j Bonded Thru Budget Notary Services DC 2011-548 2 EXCLUSIVE EASEMENT (Continued) STATE OF OREGON ss. County of Deschutes On this ;)--/ ~day of --Pi'==p<<....L..l!:..L.L=...:.~~ I\J ota ry Pubi ic, perso naIly a pea red _--I-&.->o;:......z."-='"'"'-'---=-:""'O:;"'''''"'-''~____ Member of KTMD PROPERTIES LLC , and known to me to be a member or designated agent of the limited liability compary that executed the foregoing instrument by authority of statute, its articles of organization or its operating agreement. ~;;tp-~ Notary Public for Oregon My Commission Expires: u ..Z~ 2() IS-­• STATE OF OREGON ss. County of Deschutes '")/ Jr On this #! -day of 2011 , before me, the undersigned Notary Public, personally a pea red _...L....:.=--;;...;'"S=-<~. ....",J,"""""'=...=--______ Member of KTMD PROPERTIES LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute, its articles of organization or its operating agreement. OFFr CIALSEAL BONNIE LEE BAKE R NOTARY PU BLI C-OR EG ON COMMISSION NO. 455987 Notary Public for Oregon ~ My Commission Expires: .... 2...~ 2..D / S OFFlCIAL SEAL BONNIE LEE BAKER NOTARY PUBLI C-OREGON COMMISSI ON NO. 455987 DC 2011-548 3 REVIEWED LEGAL COUNSEL ACCEPTANCE Grantee, DESCHUTES COUNTY, hereby accepts the forgoing Easement and the obligations of Grantee set forth therein. DATED this __day of _______, 2011. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON Tammy Baney, Chair Anthony DeBone, Vice-Chair Alan Unger, Commissioner ATTEST: Recording Secretary STATE OF OREGON ) ) ss. Deschutes County ) Before me, a Notary Public, personally appeared Tammy Baney, Anthony DeBone, and Alan Unger, the above-named Board of County Commissioners for Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Notary Public for Oregon My commission expires: _____ DC 2011-548 4 " I­ 0.. "" ~ I"­ ;i'; In iii .... C> ru if) ~ m ,.(J) "lI d o ~ () m lrl '" x X1'-' :r III0-' w ~ 0-51 ~ ~ ~ I = "lI01 ):> ....­ .J:>.. = ~ 00 ~ ~ o o X III W ....­"" +' '" U ...,'" o L ~ Ii -~T.L { 2000-18961 DESCHUTES .. RECORDS 2004-63155 DESCHUTES COUNTY OFFICIAL RECORDS T.L 730 2006-65993 DESCHUTES COUNTY OFFICIAL RECORDS ASSOCIATES, INC. DESCHUTES COUNTY SOLID WASTE DEPARTMENT DEMOLITION LANDFILL MONITORING WELL EASEMENT LOCATION: NE 114 SECTION 6 TOWNSHIP 18 SOUTH, RANGE 12 EAST, W.M. CITY OF BEND, DESCHUTES COUNTY, OREGON ~ NORTH SCALE: l''=100' 08·25·2011 NOTES: 1. BASIS OF BEARING IS THE CENTRAL OREGON COORD/NA TE SYSTEM. LINE U L2 1.3 L4 L5 LINE TABLE BEARING N06'S6'19 H W Nor21'48"E N82'03'54"E SOl'21'48"W {\/~O'QQ'OO"W N01'21'48"E N06'56'19"W N82'03'54"E S06'56'19"£ SB2'03'54"W DISTANCE 35.11' 116.43' 20.27' 22.BO' 20.01' 20.00' 20.00' 30.00' 20.00' 30.00' L6 L7 L8 L9 UO FREL IM/NARY FOR REVIEW ONLY P.O, BOX 683 BEND, OREGON 97709 (541)312-9421 TRUE-POINT-OF BEGINNING EASEMENT 1 AREA ±428 SQ. FT. C\I ..J TRUE -POINT-OF BEGINNING EASEMENT 2 AREA ±600 SQ. FT DEMOLITION LANDFILL 2008-35439 DESCHUTES COUNTY OFFICIAL RECORDS L3 <;;I'f­ :::l.J....l L5 JOHN THOMPSON & ~.,. c. 44. $0) After recording, return to: Deschutes County Property & Facilities Dept. 14 NW Kearney Ave Bend, OR 97701 For Recording Stamp Only EXCLUSIVE EASEMENT TENNANT & TAYLOR LLC, an Oregon limited liability company, Grantor, grants to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, an exclusive easement and right to use, occupy, and enclose with a fence, for the purposes of installing, maintaining and operating a gas monitoring probe or probes upon, over, across and through the real property shown on the attached Exhibit A as "Easement 3" (the "Easement Area"), which is incorporated herein by this reference. I This Easement is granted on the following terms and conditions: 1. SCOPE. This Easement shall be limited to the legal description described herein. Any clearing of vegetation is limited to the Easement Area, and shall comply with local zoning requirements and restrictions of record. Upon completion of the gas monitoring probe, Grantor will record a revised metes and bounds legal description that depicts the final location of the probe and an easement area approximately ten feet by twenty feet (10' x 20'). 1 j I 2. GRANTOR'S RIGHTS. Grantor shall have the right to use the land subject to this Easement so long as Grantors use does not interfere with this Easement; provided that Grantor shall not place any structure upon the Easement Area without the prior written consent of Grantee. I 3. GRANTEE'S RIGHTS. Grantor further grants to Grantee the right of ingress and egress over and across adjacent lands owned by Grantee by any practicable route to and from the Easement Area as shall cause the least damage and inconvenience to Grantee. 4. This Easement is granted subject to any and all prior easements or encumbrances of record. 5. Grantee and its successors covenant that they shall not generate, store, process, dispose of, release or discharge into the environment, any hazardous, toxic, radioactive or otherwise dangerous or regulated substance on, in or about the Easement Area. 6. Grantee herein agrees to indemnify, defend and save harmless, Grantor, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with the grant of this Easement, or any future activity or occurrence upon, within or otherwise related to this Easement. Said indemnification shall be severable and shall survive independently of any termination of this Easement. 7. This Easement shall not constitute a land use permit or approval, nor shall Grantee undertake or permit any activity to take place within Easement Area in violation of local land use ordinances or any other federal, state or local laws. 8. Grantee accepts the Easement Area in its "as is" condition, except as specifically noted in this Easement. Grantee shall at all times keep the Easement Area in a safe, clean and maintained manner and acknowledge that Grantee shall have exclusive responsibility for repairs and maintenance of the Easement Area. 9. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR DC 2011-549 1 .. ' 1 f COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE l ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED 1 IN ORS 30.930. The true consideration for this conveyance will be calculated on the following formula: $39.506 per square foot of easement area times ninety percent (90%). GRANTOR: I By: ~~:"""""'~_--IoodLLJI.I~~__Date: ___ef_I_,4_'_1_'___ I Date: __1'_-_,_~_-_(1__ STATE OF OREGON ) ) ss. County of Deschutes ) On this 14"~ day of St nmb-lV Notary Public, personally appeared _...I...Li~~~""""'"-"'~':"'::;;""____ Member of TENNANT & TAYLOR LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of statute, its articles of rganiz ion or its operating agreement. By: _~-f--_"""&"'>'HT-1If-L-",,--__ Notary Public for Oregon !I / My Commission Expires: __'_V,...I-_Z_b-+• ...:./.....;'1--~_ STATE OF OREGON ) ) ss. County of Deschutes ) On this ,q~ day of ,2011, ~ore,me, the undersigned Notary Public, personally appeared _--J....lo..<...~..!....30::...L.-.....l'..::;a;.:..:r-:::...:.JI_____ Member of TENNANT & TAYLOR LLC, and known to me to be a member or designated agent of the limited liability company that executed the foregoing instrument by authority of st ute, its articles of or anization r its operating agreement. \ INotary Public for Oregon I My Commission Expires: __,_b....._Z_It.....u...:..I_",,___ OFFICIAL SEAL CHERYL DIANE WANGLER NOTARY PUBLIC-oAEGON COMMISSION NO. 433143 MY COMMISSION EXPIRES OCT. le, 2012 OFFICIAL SEAL CHERYL DIANE WANGLER NOTARY PUBLIC-OREGON COMMISSION NO•.433143 MY COMMISSION EXf"IRES OCT. a, 2012 DC 2011-549 2 I 1 " I j I REVIEWED LEGAL COUNSEL ACCEPTANCE Grantee, DESCHUTES COUNTY, hereby accepts the forgoing Easement and the obligations of Grantee set forth therein. DATED this __day of _______, 2011. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON Tammy Baney, Chair Anthony DeBone, Vice-Chair ATTEST: Alan Unger, Commissioner Recording Secretary STATE OF OREGON ) ) ss. Deschutes County ) Before me, a Notary Public, personally appeared Tammy Baney, Anthony DeBone, and Alan Unger, the above-named Board of County Commissioners for Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Notary Public for Oregon My commission expires: _____ DC 2011-549 3 0 Om NX o~...Jo.cr -It.;::+ 0,» ~ (!) DESCHUTES COUNTY SOLID WASTE DEPARTMENT DEMOLITION LANDFILL MONITORING WELL EASEMENT -~T~7251 LOCATION: NE 114 SECTION 6 TOWNSHIP 18 SOUTH, RANGE 12 EAST, W.M. CITY OF BEND, DESCHUTES COUNTY, OREGON PARCEL 3 ~ 2001-54075 \ DESCHUTES COUNTY ~ NORTH SCALE: 1"=100' 08·25·2011 DEMOLITION LANDFILL 2008-35439 DESCHUTES COUNTY OFFICIAL RECORDS o ;0 T.L. 714 ~ NOTES: I­1. BASIS OF BEARING IS THE CENTRAL OREGON COORDINATE SYSTEM. Q. 2004-63155"" :E: OFFICIAL RECORDS 2000-18961 DESCHUTES - OFFICIAL RECORDS DESCHUTES ­<II: OFFICIAL RECORDSt­ ~ Ln Ii> -0 T.L. 730 FREL fMfNARY<II ..... Ln <II FOF:! Fii!EV/EW ONL Y..... (X) 0> ]I: TRUE-POINT-OF '<! BEGINNINGW EASEMENT 3 ,,<y<II: '" W AREA ± 498 SQ. FT ~'1-e;,,!l ,()co 'b()x w \><" 'J''" ~ '()""" 0> '" ]I: ." Cl'" ::E c:. CENTER 2006-65993 LINE BEARINGW FOUND 5/8" DESCHUTES COUNTYLn"" IRON ROD L11 N8T41'53"E 29.76'S OFFICIAL RECORDS0 L12 S06'18'o7"E 20.00'>< 1/4 w SECTION 6'" L13 S8.3'41'53"W 20.00'_"" '"III L14 N.32'18'11"W 22.25'.... U QI-, 0 <­Q. JOHN THOMPSON & ASSOCIATES, INC. P.O. BOX 683 BEND, OREGON 97709 (541)312·9421'"