44470-EA 2010 Draft Easement.doc
STATE OF OREGON
Department of State Lands
EASEMENT NO. 44470-EA
Conservation Non-DSL
Woody Debis Habitat Feature Submerged Land Only
The STATE OF OREGON, by and through its Department of State Lands, GRANTOR,
for and in consideration of $250.00 (Two Hundred Dollar and No Cents), hereby grants to
GRANTEE,
NAME of GRANTEE: ADDRESS:
Oregon Department of Fish and Wildlife 4907 East Third Street
Tillamook OR 97141
an easement and right to construct, maintain, operate and replace a woody debris habitat
features in state-owned submerged land in tidal channel over, upon, and across the
following particularly described property situated in Tillamook County, Oregon, more
particularly described as follows:
All state-owned submerged lands in tidal channels of Nehalem Bay in Section 34,
Township 3 North, Range 10 West, Willamette Meridian, Tillamook County,
Oregon (Tillamook County Assessor Map 03N10W34), more particularly
described as follows:
Three polygons measuring 20 feet, more or less by 4 feet, more or less, below the
Mean Low Water Line in tidal channels, the center of each polygon being;
45.707441 North and -123.902139 West for polygon 1;
45.705605 North and -123.900951 West for polygon 2;
45.706645 North and -123.898705 West for polygon 3;
All three polygons containing 0.006 acres or 240 square feet, more or less, and as
shown on the attached Exhibit “A”.
TO HAVE AND TO HOLD the same unto GRANTEE for 30 years, subject to the
following conditions:
1.GRANTOR has the right to grant additional easements within the area authorized
by this easement subject to the provisions of the administrative rules governing the
granting of easements.
2.GRANTEE shall obtain prior written approval from GRANTOR prior to:
a)Changing the type of use authorized by this easement;
b)Expanding the number of authorized developments or uses;
c)Changing the authorized area; and/or
d)Permitting other persons to utilize the easement for uses and developments
requiring separate written authorization by GRANTOR pursuant to the
administrative rules governing the granting of easements or other
GRANTOR requirements.
3.The easement area shall remain open to the public for recreational and other non-
proprietary uses unless restricted or closed to public entry by the State Land Board
or GRANTOR.
4.GRANTOR and/or its authorized representative(s) shall have the right to enter
into and upon the easement area at any time for the purposes of inspection or
management.
5.Except as expressly authorized in writing by the Department, GRANTEE shall not:
a)Cut, destroy or remove, or permit to be cut, destroyed or removed any
vegetation, or
b)Remove any sand and gravel, or other mineral resources for commercial
use or sale, that occur in the easement area except as expressly authorized
in writing by GRANTOR.
Routine right-of-way maintenance including vegetation trimming shall be
allowed.
6.GRANTEE shall compensate GRANTOR for the fair market value of any
commercially valuable timber or sand and gravel resources in the easement area
that must be removed during or after placement of the authorized use, or which
cannot be developed because of the authorized use.
7.GRANTEE shall conduct all operations within the easement area in a manner that
conserves fish and wildlife habitat; protects water quality; and does not contribute
to soil erosion, or the introduction or spread of noxious weeds or pests. Upon
completion of construction, GRANTEE shall reclaim disturbed lands to a
condition satisfactory to GRANTOR.
8.GRANTEE shall obtain a surety bond in the amount of $N/A to ensure compliance
with the terms and conditions of this easement.
STATE TO OREGON DEPARTMENT OF FISH AND WILDLIFE
TIDAL CHANNELS OF NEHALEM BAY
44470-EA
Page 2 of 6
9.The right to use this easement shall automatically terminate if it, or the
development authorized by GRANTOR, is not used within five (5) consecutive
years of the date this easement was granted, pursuant to the provisions of the
administrative rules governing the granting of easements.
10.Unless otherwise approved in writing by GRANTOR, GRANTEE shall remove all
cables, pipes, conduits, roads, and other developments placed by GRANTEE on
the easement, and shall restore the surface of the easement area to a condition
satisfactory to GRANTOR within one (1) year following termination of use or
expiration of this easement.
11.GRANTEE shall inspect the condition of the area authorized by this easement and
the developments authorized by this easement on a annual frequency.
12.GRANTOR shall have the right to stop operation of the use authorized by this
easement for noncompliance with the conditions of this easement, the provisions of
the administrative rules governing the granting of easements, and/or any lawful
requirement by a regulatory agency of this STATE.
13.If this easement authorizes the use of state-owned submerged and/or submersible
land:
a)Construction in navigable waters shall conform to the standards and
specifications set by the U.S. Army Corps of Engineers and the U.S. Coast
Guard for the use authorized by this easement.
b)Any blasting which may be necessary, or in-water placement, maintenance,
or repair of the authorized use shall be performed according to the laws of
this STATE, including strict adherence to Oregon Department of Fish &
Wildlife in-water work windows.
14.GRANTEE shall pay to GRANTOR the current market value, as determined by
GRANTOR, for any unnecessary and non-approved damages to state-owned lands
caused by construction or maintenance of the easement.
15.GRANTEE shall pay all assessments that may be legally charged on public lands
which are levied against the property subject to this easement, whether or not such
assessments have been levied against the easement area or STATE by the assessing
agency.
16.GRANTEE shall use the authorized easement area only in a manner or for such
purposes that assure fair and non-discriminatory treatment of all persons without
respect to race, creed, color, religion, handicap, disability, age, gender or national
origin.
STATE TO OREGON DEPARTMENT OF FISH AND WILDLIFE
TIDAL CHANNELS OF NEHALEM BAY
44470-EA
Page 3 of 6
17.This easement is freely transferable. However, no transfer may increase the
burden on the easement area or detract from the value of the underlying state-
owned land.
This easement does not convey an estate in fee simple of the lands used for a right-of-way.
This grant is for an easement only, and title remains in the State of Oregon.
STATE TO OREGON DEPARTMENT OF FISH AND WILDLIFE
TIDAL CHANNELS OF NEHALEM BAY
44470-EA
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WITNESS the seal of the Department of State Lands affixed this day of
, 2010.
STATE OF OREGON, acting by and through its Department of State Lands
Nancy N. Pustis
STATE OF OREGON )
)ss
County of Marion )
This foregoing instrument was acknowledged before me this of , 2010,
by Nancy N. Pustis, the Western Region Manager of the Department of State Lands.
__________________________________
Signature
My commission Expires _________, 20__.
STATE TO OREGON DEPARTMENT OF FISH AND WILDLIFE
TIDAL CHANNELS OF NEHALEM BAY
44470-EA
Page 5 of 6
CERTIFICATE OF APPROVAL OF CONVEYANCE
(ORS 93.808)
_________________________________________, Grantee, hereby approves and
accepts, pursuant to ORS 93.808, the grant of an interest in real property from
_____________________________________________, Grantor, as described in the
instrument to which this Certificate is attached.
A copy of this Certificate may be affixed to, and recorded with, the instrument described
above.
DATED this ____ day of ______________, 20___.
__________________________________
, Grantee
By:
Name:
Title:
STATE OF OREGON )
) ss.
County of _______________ )
On this day of , 20____, before me
personally appeared ________________________, who being duly sworn stated that
he/she is the ____________________ of _____________________, Grantee, and
acknowledged the foregoing instrument to be the voluntary act of said Grantee and that
he/she executed the foregoing instrument under authority granted by said Grantee.
NOTARY PUBLIC FOR OREGON
My commission Expires:
STATE TO OREGON DEPARTMENT OF FISH AND WILDLIFE
TIDAL CHANNELS OF NEHALEM BAY
44470-EA
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