COMMISSION REPORT: ClTY OF OREGON ClTY

COMMISSION REPORT: ClTY OF OREGON ClTY
TO THE HONORABLE MAYOR AND COMMISSIONERS
320 Warner Milne Road, Oregon City, Oregon----503.657.0891
Agenda Item No.
10a
Agenda Type:
Topic:
Easement (Right-ofWay) with VAL-U INN
OREGON CITY, L.L.C.
for Improvements
Related to Jon Storm
Park
CONSENT AGENDA
INCORPORATED 1844
Prepared By: Scott Archer
Meeting Date: February 21, 2007
Reviewed By: Scott Archer
Attachments: X Yes
No
Approved By: Larry Patterson
RECOMMENDATION:
Staff recommends approval of the attached easement (Right-of-way) with VAL-U INN OREGON
CITY, L.L.C. (Rivershore Hotel).
REASON FOR RECOMMENDATION:
This easement is necessary for completion of a portion of the busltrolley turnaround to be constructed
as a component of the Jon Storm Park development project.
BACKGROUND:
The busltrolley turnaround was included as a key element in the adopted Jon Storm Park design
master plan. Upon moving forward in permitting processes necessary to construct the park, it was
discovered that the existing location for the turnaround presented challenges based on our
archeological survey findings. By moving the location of the turnaround slightly north of its original
sight, most of these challenges can be avoided. In order to re-locate the turnaround to this proposed
new location it requires that the city construct a portion of it on the Rivershore Hotel property. VAL-U
INN OREGON CITY, L.L.C. has generously agreed to grant the City of Oregon City the necessary
easement for development of the turnaround and ingress and egress to and from their property at no
cost to the City.
BUDGET IMPACT:
NIA
ATTACHMENTS:
1. Easement including exhibits A and B
2. Existing Jon Storm Park Master Plan showing existing location of turnaround
3. Drawing of new location of turnaround
4. Letter of transmittal dated January 19, 2007 from Rob Griffith
AFTER RECORDING RETURN TO:
Nancy Ide, City Recorder
P.O. Box 3040
Oregon City, OR 97045-0304
Map No.:
Tax Lots:
Planning No.:
EASEMENT
(Right-of-way)
This Agreement (this "Agreement"), dated as of the
day of
,
2007, is made by and between VAL-U INN OREGON CITY, L.L.C., an Oregon limited liability
company ("Grantor"), and CITY OF OREGON CITY, a municipal corporation ("Grantee").
RECITALS
A.
Grantor is the owner of that certain real property conveyed to Grantor by Bargain
and Sale Deed recorded as document number 96-072479, Clackamas County Deed Records
("Grantor's Property").
Grantee is the owner of the right-of-way constituting the public street known as
B.
Clackamette Drive ("Grantee's Property") adjacent to Grantor's Property.
Grantor desires to grant Grantee an easement appurtenant to Grantee's Property
C.
for vehicular and pedestrian ingress and egress to and from Grantee's Property over and across a
portion of Grantor's Property.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual promises set forth
in this Agreement, Grantor and Grantee agree as follows:
Right-of-way. Grantor hereby grants to Grantee and the public a permanent,
1.
nonexclusive right-of-way over and across that portion of Grantor's Property described in
Exhibit A hereto for the purpose of ingress and egress to and from Grantee's Property and
providing a circular ending on said Clackamette Drive. Such uses may include, but shall not be
PAGE 1 - EASEMENT (RIGHT-OF-WAY)
limited to, vehicles, trams, pedestrians, cycling, temporary parking, all as limited or controlled
by rules, regulations and ordinances issued by Grantee from time to time. Such easement shall
also include the right to install, remove, and maintain utilities in, on, and under Grantor's
Property. Said easement shall be appurtenant to and for the benefit of Grantee's Property.
Grantor shall have the right to fully use and enjoy Grantor's Property as long as such use does
not unreasonably interfere with the exercise by Grantee of the rights granted herein.
2.
Maintenance of Easement. Grantee shall maintain the right-of-way in good
repair consistent with Grantee's maintenance of Clackarnette Drive, at Grantee's sole cost and
expense. Grantee may install and maintain landscaping with such easement, at Grantee's sole
discretion.
3.
Entire Agreement. This Agreement and the documents referred to herein
contain the entire understanding between the parties and supersedes any prior understandings and
agreements between them respecting the subject matter hereof. There are no other
representations, agreements, arrangements or understandings, oral or written, between and
among the parties hereto or any of them, relating to the subject matter of this Agreement. No
amendment of or supplement of this Agreement shall be valid or effective unless made in writing
and executed by the parties hereto.
Attorney Fees. In the event of litigation between the parties in connection with
or arising out of this Agreement, the prevailing party shall recover its costs and attorney fees
reasonably incurred, including costs and fees incurred in appeals.
4.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above stated.
GRANTOR:
GRANTEE:
VAL-U TNN OREGON CITY, L.L.C.
CITY OF OREGON CITY
By:
Title:
By:
Title:
,:~1.1,4-
1
STATE OF OREGON
) ss.
County of ~C)k<\~,w,kb\)
-
This instrument was acknowledged before me this
2007, by C-eq
R - wtterrgtred ,
bv\m‘tYLc
CITY, L.L.C., ~ ' O r e g o nlimited liability company.
\
I
!
:.),/,&
NOTARY PUBLIC-0
Notary ~Gblicfor Oregon
PAGE 2 - EASEMENT (RIGHT-OF-WAY)
STATE OF OREGON
County of
)
) ss.
)
This instrument was acknowledged before me this
2007, by
CITY, a municipal corporation.
9
day of
of CITY OF OREGON
Notary Public for Oregon
PAGE 3 -'EASEMENT (RIGHT-OF-WAY)
7
EXHIBIT A
Easement Area
A TRACT OF LAND IN SECTION 30, TOWNSHIP 2 SOUTH, WNGE 2 EAST,
WLLAMETTE MERIDIAN, CITY OF OREGON CITY, CLACKAMAS COUNTY,
OREGON (AND BEING FURTHER DESCRIBED AS BEING A PORTION OF THAT
PROPERTY CONVEYED TO VAL-U INN OREGON CITY, LLC BY BARGAIN AND
SALE DEED RECORDED AS DOCUMENT NUMBER 96-072479, CLACKAMAS
COUNTY DEED RECORDS), BEING MORE PARTICUIARLY DESCRIBED AS
FOLLOWS:
BEGINNtNG AT THE lNTERSECTlOF4 OF THE EAST LINE OF PARCEL 1 AS
DESCRIBED 1N GUARDIAN'S DEED TO THE STATE OF OREGON RECORDED AS
DOCUMENT NUMBER 68-5680,CLACKAMAS COUNTY DEED RECORDS, WlTH
THE SOUTH LlNE OF THE HIRAM STRAIGHT DLC NO. 42; THENCE ALONG SAlD
EAST LlNE NORTH 00°21'33"WEST 54.31 FEET; THENCE LEAVING SAlD EAST
LlNE 91.92 FEETALONG THE ARC OF A 53.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST THROUGH A CENTWI\L ANGLE OF 99O22'17" (LONG CHORD
BEARS SOUTH 41°4-1'31"EAST 80.83 FEET) TO THE AFOREMENTIONED NORTH
LINE OF THE HIRAM STRAIGHT DLC NO+42; THENCE ALONG SAID NORTH LINE
NORTH 83'32'33" WEST 53.76 FEET TO THE POINT OF BEGINNING.
EXHIBIT A
EXHIBIT A
.>...
PROPERTY OWNER:
Val-U Inn Oregon City, LLC
1900 Clackamette Drive
Oregon City, Oregon 97045
Sheet 1 of 1
PREPARED BY:
CompassEngineering
6564 S.E. Lake Road
Milwaukie, Oregon 97222
(503) 653-9093
RIGHT OF WAY DEnlCATION:
.,.
3
A TRACT OF LAND IN SECTION 30, TOWNSHIP 2 SOUTH, RANGE 2 EAST,
WILLAMETTE MERIDIAN, CITY OF OREGON CITY, CLACKAMAS COUNTY,
OREGON (AND BEING FURTHER DESCRIBED AS BEING A PORTION OF THAT
PROPERTY CONVEYED TO VAL-U INN OREGON CITY, LLC BY BARGAIN AND
SALE DEED RECORDED AS DOCUMENT NUMBER 96-072479, CLACKAMAS
COUNTY DEED RECORDS), BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LlNE OF PARCEL 1 AS
DESCRIBED IN GUARDIAN'S DEED TO THE STATE OF OREGON RECORDED AS
DOCUMENT NUMBER 68-5680, CLACKAMAS COUNTY DEED RECORDS, WITH
THE SOUTH LlNE OF THE HIRAM STRAIGHT DLC NO. 42; THENCE ALONG SAlD
EAST LlNE NORTH 00°21'33" WEST 54.31 FEET; THENCE LEAVING SAlD EAST
LlNE 91.92 FEET ALONG THE ARC OF A 53.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHWEST THROUGH A CENTRAL ANGLE OF 99'22'17" (LONG CHORD
BEARS SOUTH 41"41'31" EAST 80.83 FEET) TO THE AFOREMENTIONED NORTH
LlNE OF THE HIRAM STRAIGHT DLC NO. 42; THENCE ALONG SAlD NORTH LlNE
NORTH 83"32'3311WEST 53.76 FEET TO THE POINT OF BEGINNING.
PROFESSIONAL
JULY 14 1978
DATE OF SIGNATURE:
VALID UNTIL 12/31/2007
RAILROAD SPIKE AT PI
STAllON 'CAW 26t08.66
U
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&
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S
SCALE: 1" = 50'
REGISTERED
PROFESSIONAL
JULY 14,1978
VAUD UNllL 12/31/2007
RAILROAD SPIKE AT
STAllON 'CA' 3W75.18
I
EAST LINE OF FEE
/ NO. 68-5680
0
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ce:
RIGHT OF WAY
DEDICATION
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CH=S41'41'3lWE80.83'
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POINT OF BEGINNING
INTESECllON OF SOUM UNE OF HIRAM
STRAIMT D.LC. NO. 42 HlM M E
EAST UNE OF PARCEL 1 AS
DESCRIBED IN FEE NO. 68-5680.
s
.-
EXHIBIT "B"
COMPASS ENGINEERING
VAL-U INN OREGON CITY, LLC
ENGINEERING
SURVNING
PLANNING
41QS IHTERNAllONALWAV,SUlTE5111
(403) 6559093 PHONE
1900 CLACKAME'llE DRIVE
OREGON CITY,OREGON 97045
MILWAUKIE, OREGON 97222 mWl COHPASS-ENGINEERIPGGCOY
PORTLAND OFFICE
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COM
Please reply to ROBERT I?.
[email protected] TEL
GRIFFITH
EXT
3131
January 19,2007
Jim McDonald
Director of Operations
Hemstreet Development
16100 NW Cornell Road, Suite 100
Beaverton, OR 97006-4869
Re:
City of Oregon Citymivershore Hotel
Dear Mr. McDonald:
This office represents the City of Oregon City (the "'~ity"). I understand that Rivershore Hotel has
agreed to grant the City an easement for an extension/turnaround of Clackamette Drive. Please see the
enclosed Easement drafted for that purpose.
Once you have reviewed the enclosed document, please contact me with your comments and/or
questions and we can work on completing the Easement.
Very truly yours,
RRG:Jmm
Enclosure
cc w/enc:
Kathy Franko
Scott Archer
Edward J. Sullivan
William Kabeiseman
PDX-DOCS 385577 1 134758-00103J