2005-00422 D-Order - Laserfiche WebLink

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City Contract 2005-00422 Public Works Maintenance EASEMENT AGREEMENT RECITALS: A. GIUSTINA LAND & TIMBER "Giustina") is the owner of the real property, incorporated herein. CO. LIMITED PARTNERSHIP (hereinafter described on Exhibit A attached hereto and B. CITY OF EUGENE (hereinafter "Eugene"), owns or leases a communications facility at the top of Mt. Hagan located in the NE1/4, Section 35, Township 16 South, Range 3 East, Willamette Meridian, and desires access to this facility over an existing road (hereinafter the "Road") located on Giustina's real property and shown as a bold line on the map marked Exhibit B attached hereto and incorporated herein. The Road is generally reached by traversing other real property owned by Giustina on roads owned or controlled by the U.S. Forest Service C. Eugene needs an easement for ingress and egress to its, Mt. Hagan communications facility over the Road and Giustina is willing to grant an easement on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the foregoing recitals which are hereby made a part of this Easement Agreement (hereinafter "Agreement"), and of the mutual agreements, provisions, and covenants contained herein, Giustina and Eugene agree As follows: AGREEMENT: ' 1. Grant. Subject to all matters of public redord, Giustina hereby grants Eugene for a term of 5 years commencing June 1, 2005, and expiring April 30, 2010, a nonexclusive right to use the Road for access to its communications facility at the top of Mt Hagan. Eugene's agents and independent contractors are authorized to use the Road in connection with Eugene's exercise of the rights granted to it, subject to the terms of this Agreement. 2. Fee. Eugene shall pay Giustina $250.00 coincidentally with the execution of this Agreement, the receipt of which Giustina hereby acknowledges. ~ O ~c~►' 0~ k T~ r~ 12-e c, EASEMENT AGREEMENT - 1 Revised 8/19/2005 p U J IV-