12-18 Easement

CITY OF ELGIN, OREGON RESOLUTION 12 (2018)

A RESOLUTION GRANTING A SIGN EASEMENT BETWEEN THE CITY OF ELGIN AND NORTH COUNTY INVESTMENTS

This Grant of Easement Agreement (“Agreement”), is made this 9th day of october, 2018 by and between the City of Elgin, whose address 180 North 8th Ave, Elgin, Oregon, (“Grantor”), and North County Investments, L.L.C., an Oregon Corporation, whose address is 815 Hemlock Street, Elgin, Oregon 97827 (BIN: 790569-83) (“Grantee”). 

The Grantor, its successors and assigns, do hereby grant and convey unto Grantee, its successors and assigns, a perpetual easement for the location, construction and maintenance of the outdoor advertising structure or structures and all necessary or desirable appurtenances on, over and upon the following described real property: 

The fence of the utility easement identified by APA survey number 004-2009 of Tax Lot 2001, S.W. ¼ S.E. ¼ SEC 15 T.1N. R.39E W.M., The Elgin Industrial Park, City of Elgin, Union County, Oregon, more fully described as follows: 

Commencing at the Southeast corner of said lot; thence NW 30.47 feet AFTER the 15 feet road easement, along the South line of said lot; thence N 30 feet to the corner of said utility fence; thence 30 feet E to the edge of identified road easement; thence continuing south along said road right-of-way 30.97 feet (See Exhibit A attached and incorporated herein). 

See Exhibit A attached and incorporated herein. Grantor herein grants a perpetual easement subject to the following terms and conditions: Easement shall consist of a perpetual servitude of use that runs with the land and shall include the right to construct, service, maintain, improve, modify the sign to have as many advertising faces, including changeable copy facers or electronic faces, replace, or rebuild any outdoor advertising structure on the property described. This right shall include but not be limited to a right of ingress and egress, a right to install, repair, replace and maintain underground and/or above ground electrical service, a right to maintain telecommunication devices as it pertains to the advertising structure only and a right of view, prohibiting vegetation or improvements on the property described herein that would obstruct the view of advertising structure from the adjoining street. 

Grantor agrees that Grantee may trim any or all trees and vegetation in, on or about the Easement as often as Grantee deems necessary to prevent obstruction or to improve the appearance of the structure. Grantee, its successors and assigns hereby specifically hold Grantor, its successors and assigns, free and harmless from any damages or injuries to any person or property caused by Grantee’s construction or maintenance activities on the property described. Grantor warrants that it is the sole record owner of the immovable property over which this Easement is created, that such property is not subject to any mortgages or liens, that such property is not encumbered by any restrictions, easements, covenants, leases or other rights that are in any way conflicting with or inconsistent with the conveyance herein made, and that Grantor has the right and authority to execute this Easement and to grant, sell and convey the real rights set forth herein to Grantee.

PASSED AND ADOPTED this 9th day of October, 2018.