HomeMy WebLinkAbout2016-125 Easement - Ernst & Ernst Wollenweber
J a ckson COL,I-;ty Official Records 2010-017927
R-E 06/1312016 12:43:44 PM
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580 00 X10 00 $t, C0 $8.00 $11 00 Total:$138.00
-RECORDING COVER SHEET $20.00 $4.00
i
PER ORS 205.234 I
I
01718870201600179270160161
I Christine Walker. County Clerk for Jackson County. Oregon. certify
THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON that the instrument identified herein was recorded in the Clerk
records.
PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING Christine V1Jalker - County Clerk
ANY ERROS IN THIS COVER SHEET DONES NOT AFFECT THE
TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF.
AFTER RECORDING RETURN TO:
Name and address of the person authorized to receive the
instrument after recording, as required by ORS 205.180(4) and
ORS 205.238
Barbara Christensen, City Recorder
20 E Main Street
Ashland OR 97520
I . NAMES OF TRANSACTION(S), described in the attached instrument and required by ORS 205.234(A) Note: Transaction as defined by
ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited
to, any transfer
2. Grantor(s) as described in ORS 205.160
M gi~& 1(10
r~ U. E-. 4~~
3. Grantees(s) as described in ORS 205.160
4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any estate and all
memoranda of such instruments, reference ORS 93.030
5. UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: for instruments
conveying or contracting to convey fee title to any real estate reference ORS 93.260
Return Document to:
Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. Martine Ernst Wollenweber, Richard H. Ernst Jr. and Andre V. H. Ernst, as tenants in
common, herein referred to as "Grantors", are the owner of certain real property located
in a manner that provides a natural connection to the public trail system within and
immediately around the City of Ashland ("City").
B. The City and the Ashland Parks and Recreation Commission ("Commission") are
working to acquire, preserve and improve the City's public trail system, and they have
determined that two trails over the Grantor's property would provide necessary links in
this system.
C. The City has negotiated an agreement with Grantor to allow use and maintenance of
the property and its surroundings for the public trail system as set forth in this easement
and related maintenance agreement.
Grantor and City agree:
1. Grantor owns property as described in Exhibit A (the "Property"), herein attached
and incorporated.
2. Grant of easement. The above-named Grantor grants to the City of Ashland,
Oregon, two perpetual non-exclusive right-of-way recreational easement in gross, at the
City's own cost, to construct, use, operate, repair, maintain and remove and replace a
trail for recreational use by the public across the real property described below and
further referred to in this easement agreement as the "easement area."
The location of the right-of-way easements are more particularly described
in Exhibit B (Referenced hereafter as "Corridor A and Corridor B"), the
mapping of which is illustrated in Exhibit C, both attached and
incorporated respectively herein.
2. True and Actual Consideration: $Zero: Value is the removal of an existing and
undesirable right-of-way path across Grantor's property.
3. Use of surface. Grantor shall have the right to use the easement area for all purposes
not inconsistent with the uses and purposes of the property, provided that Grantor shall
not build or erect any structure upon the easement area without the prior written
consent of City. The Parties accept the Agreement For Maintaining Easement (Exhibit
D), herein incorporated, as the operable management plan for maintaining the trail and
adjacent areas affecting the conditions of enjoyment and safety for persons using the
trail.
1- TRAIL EASEMENT
1
4. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
5. Indemnification. To the extent permitted by the Oregon Constitution, the City's
charter, and within the limits of the Oregon Tort Claims Act, the City shall defend and
indemnify Grantor against any liability for damage to life or property arising from the
public's use of the easement under this agreement. The City shall not be required to
indemnify Grantor for any such liability arising out of the wrongful acts of the Grantor or
the employees or agents of the Grantor.
6. Merger. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GRANTOR:
Date
GRANTOR:
Date
GRA
D to
State of Colorado )
County of Arapahoe )
This instrument was acknowledged before me on this day of , 2013, by Martine Ernst
Wollenweber,
Notary Public for Colorado
My Commission expires:
State of California )
County of Sonoma )
This instrument was acknowledged before me on this day of , 2013, by Richard H. Ernst Jr.
Notary Public for California
My Commission expires:
2- TRAIL EASEMENT
State of California )
County of Alameda ) S r
This instrument was acknowledged before me on this day of C%' 2013, by Andre V. H. Ernst.
v. _ d
JOHN D. CHURCH • Commission # 1984482 f
Notary Public California z otary Public for California [r
z ~a j!44l-° Alameda County D My Commission expires:
My Comm. Expires .Au; 4, 2016
GRANTEE: City of Ashland
Authorized signer for Grantee Date
State of Oregon )
County of Jackson )
This instrument was acknowledged before me on this day of , 2013, by Mayor John Stromberg.
Notary Public for Oregon
My Commission expires:
3- TRAIL EASEMENT
not inconsistent with the uses and purposes of the property, provided that Grantor shall
not build or erect any structure upon the easement area without the prior written
consent of City. The Parties accept the Agreement For Maintaining Easement (Exhibit
D), herein incorporated, as the operable management plan for maintaining the trail and
adjacent areas affecting the conditions of enjoyment and safety for persons using the
trail.
4. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
5. Indemnification. To the extent permitted by the Oregon Constitution, the City's charter,
and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify
Grantor against any liability for damage to life or property arising from the public's use of
the easement under this agreement. The City shall not be required to indemnify Grantor
for any such liability arising out of the wrongful acts of the Grantor or the employees or
agents of the Grantor.
6. Merger. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GRANTOR:
6< - C14 Date
GRANTOR:
Date
GRANTOR:
Date
State of Colorado )
County of Arapahoe )
This instrument was acknowledged before me on this day of , 2013, by Martine Ernst
Wollenweber,
Notary Public for Colorado
My Commission expires:
State of California )
2- TRAIL EASEMENT
County of Sonoma )
I me on this day of 2013, by Richard H. Ernst Jr.
h CYNTHIA GRIM ,
Commission # 1889425 Z
it; Notary Public - California z
z 1
` Sonoma County
My Comm. Expires May 15, 2014 Notary Public for California _
My Commission expires: fv\ P Z
State of California )
County of Alemeda )
This instrument was acknowledged before me on this day of , 2013, by Andre V. H. Ernst.
Notary Public for California
My Commission expires:
GRANTEE: Cit of Ashland "/7//
vi,__At"yv~"
t orized signer for Grantee Date
State of Oregon )
County of Jackson
This instrument was acknowledged before me on this day of b Mayor John Stromberg.
- A"4t,
Notary Public for Oregon
My Commission expires:
OFFICIAL SEAL
STENSEN
M CHRI
LMyqjlBAR1BARA
NOTARY PUBLIC-OREGON
COMMISSION NO. 480777
1
COMMISSION EXPIRES SEPTEMBER 16, 2011
3- TRAIL EASEMENT
6. Merger. This easement agreement constitutes the entire agreement between the
parties regarding the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GR TOR:
u -(Ci t
Date
GRANTOR:
Date
GRANTOR:
Date
State of Colorado )
County of Arapahoe )
This instr day of - , 2013, by Martine Ernst
Wollenwe r,
NORRIA S ASLAMI
Notary Public
State of Colorado
Notary Publi or Colorado
My Commission expires:
State of California )
County of Sonoma )
This instrument was acknowledged before me on this day of , 2013, by Richard H. Ernst Jr.
Notary Public for California
My Commission expires:
State of California )
County of Alemeda )
This instrument was acknowledged before me on this day of , 2013, by Andre V. H. Ernst.
Notary Public for California
My Commission expires:
GRANTEE: City of Ashland
15' WIDE PEDESTRIAN TRAIL EASEMENT
MAP 39- I E-16 TAX LOT 700
A portion of the lands described in the deed recorded in Document Number 80-19248. Official
Records. Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side
of the following described centerline:
Beginning at a point on the westerly line of the lands described in the deed recorded in Document
Number 80-19248, Official Records, Jackson County, Oregon, said point being distant thereon
South 00°07'37" East, 155.56 feet from the northwest corner of said lands; thence leaving said
westerly line South 32°4649" East, 63.91 feet; thence South 18°27`34" East, 79.41 feet; thence
South 33°14'24" East, 25.81 feet to the beginning of a curve concave to the northwest having a
radius of 65.00 feet; thence southwesterly 96.07 feet along said curve through a central angle of
84°40'47" to the point of a reverse curve concave to the southeast having a radius of 80.00 feet;
thence southwesterly 94.81 feet along said curve through a central angle of 67°54'02"; thence
South 16°27'38" East, 95.09 feet; thence South 30°42'25" East, 89.24 feet; thence South
13°33'51" East. 20.63 feet to the point of termination on the southerly line of said lands.
The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and
to terminate at the north and south lines of said lands.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
, ULY 19. 1994
RICHARD F. ALSPACH
No. 2653
Expires LIZ-bl-
EXHIBIT
15' WIDE PEDESTRIAN TRAIL EASEMENT
MAP 39-1E-16 TAX LOT 700
N 8957'46" W
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DATE: 5-12-2016
SCALE: 1"=100' ERNST
sip DOC. NO. 80-19248
POINT OF BEGINNING 6~3d'•
DESCRIBED 15' WIDE EASEMENT
0
.00
84'40
° A R== 6
40'47"
U) L=96.07
REGISTERED i
PROFESSIONAL R=80.00
LAN SURVEYOR 0=6754'02"
L=94.81
N
OREGON I rn
Loi
RICHARD JULY F. 19, 1 ALSPACH 994 N
``\o No. 2653 t°
Renewal 12-31-2017
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N 89 5 7'46 " W
PREPARED BY:
-I-ERRASURVE Y, INC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
BASIS OF BEARINGS ASHLAND, OREGON 97520
FOUND MONUMENTS PER FILED SURVEY NO. 10586 (541) 482-6474
terrain@bisp.net
9
15' WIDE BICYCLE TRAIL EASEMENT
MAP 39-1 E-16 TAX LOT 700
A portion of the lands described in the deed recorded in Document Number 80-19248, Official
Records, Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side
of the following described centerline:
Beginning at a point on the northerly line of the lands described in the deed recorded in
Document Number 80-19248, Official Records, Jackson County, Oregon, said point being distant
thereon South 89°57'46" East, 85.02 feet from the northwest corner of said lands; thence leaving
said northerly line South 00°52'25" West, 60.05 feet to the beginning of a curve concave to the
northeast having a radius of 240.00 feet; thence southeasterly 59.28 feet along said curve through
a central angle of 14°09' 10"; thence South 13°16'46" East, 72.19 feet; thence South 17°54'47"
East, 115.85 feet to the beginning of a curve concave to the west having a radius of 115.00 feet,
thence southwesterly 101.98 feet along said curve through a central angle of 50°48'30"; thence
South 32°53"42" West, 31.89 feet to the beginning of a curve concave to the east having a radius
of 90.00 feet; thence southerly 71.69 feet along said curve through a central angle of 45°38' 13
thence South 12°44'30" East, 52.71 feet; thence South 23° 12'12" East, 132.48 feet to the point of
termination on the southerly line of said lands.
The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and
to terminate at the north and south lines of said lands.
REGISTERED
PROFESSIONAL
LA suRV YOR
OREGON
JULY 19, 1994
RICHARD F, ALSPACH
No. 2653
Expires
EXHIBIT
15' WIDE BICYCLE TRAIL EASEMENT
MAP 39-1E-16 TAX LOT 700
POI N T OF BEGINNING
N _ 85.02 S 89 5746 E
- - - - - - - -
3
to Lo
NO I
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DATE: 5-12-2016 R=240.00
0
SCALE: 1"=100' voi A=14 09'10"
~ L=59.28
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CD
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ERNST
DOC. NO. 80-19248
cr =
wl
r R=115.00
K A=50 48'30" j~-, L=101.98 Cl DESCRIBED 15' WIDE EASEMENT
REGISTERED PROFESSIONAL
LAN SURVEYOR
t
r ;may r ~-,r _ R=90.00
OREGON A=4538'13"
JULY 19, 1994 t L=71.69
RICHARD F. ALSPACH N
No. 2653 N
Renewal 12-31-2017 N ?
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o
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N N.
N 89'57'47" W
PREPARED BY:
-I'ERRASURVEY, INC.
PROFESSIONAL LAND SURVEYORS
274 FOURTH STREET
BASIS OF BEARINGS ASHLAND, OREGON 97520
(541) 482-6474
FOUND MONUMENTS PER FILED SURVEY NO. 10586 terrain@bisp.net
EXHIBIT D
AGREEMENT FOR
MAINTAINING EASEMENT
THIS AGREEMENT is entered into between Martine Ernst Wollenweber, Richard H. Ernst Jr., and
Andre V. H. Ernst, hereinafter referred to as Grantor, and the CITY OF ASHLAND, OREGON,
by and through the City Council, hereinafter referred to as Grantee.
RECITALS
A. Grantor owns property as described in Exhibit A (the "Property"), herein attached and
incorporated.
B. City desires two separate easements across the Property for the purpose of providing a
walking and a bicycle trail to the City's public trail system. (the Easement).
C. The Parties are aware of the protections from liability provided by ORS 105.682 for
recreational use of the Easement for public purposes and wish to interpret this Agreement in a
manner that favor such protections for the Grantor.
D. City agrees to provide or perform the following acts and transactions outside of the rights
provided under the Easement and under the circumstances set forth in this Agreement.
In consideration of the matters described above, and of the mutual benefits and obligations set
forth in this Agreement, the parties agree as follows:
1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this
reference.
2. Additional Conditions. Additional conditions specifically concerning this Agreement shall be in
effect if numbered and listed in the space provided below under "Special Conditions". Each such
condition will be initialed by the Grantor and the City representative.
3. Description of Property. Grantor agrees to the Easement as recorded in Jackson County
Records # Map: 391 E160000700 Ashland Loop Rd.
4. Term. The term of this Agreement shall continue for so long as the stated purpose of the
Easement continues to exist or until the Easement is terminated by mutual written agreement,
whichever occurs first.
5. Costs. The cost of maintaining the Easement in repair shall be borne by the City, pursuant to the
terms of this Agreement. This Agreement shall be recorded in the real property records of Jackson
County.
5.1. Each party is responsible for damage to the Easement to the extent of its own negligence or
abnormal use, and each shall repair any such damage at its sole expense.
6. Construction. City shall have the right to construct improvements such as trail surfacing,
landscape features or plantings in conformance with all approved plans and permits. City shall
have the right to erect, maintain, and alter such improvements upon the Easement provided such
improvements conform to the applicable requirements of all federal, state, and local laws. All
Page 1 of 3 -Public-Private Easement Maintenance Agreement
~Q
plans for such structures or improvements shall be reviewed and approved in writing by the
Grantor prior to construction.
7. Rights Reserved to the City. The City reserves the following rights:
7.1. Temporary closures. The right to temporarily close or to restrict the use of the Easement or
any of the facilities for maintenance, improvement, or for the safety of the public. Grantor is
not entitled to any compensation or damages for such temporary closures.
8. Special Conditions.
8.1. City will:
8.1.1. Maintain at least two right-of-way trails, fifteen (15) foot wide, (Referenced hereafter as
"Corridor A" and "Corridor B", together referred to as "Easement Corridors") as described
and illustrated in Exhibits B and C of the Easement;
8.1.1.1. Maintain Corridor A as a foot path and equestrian trail;
8.1.1.2. Maintain Corridor B as a bicycle path;
8.1.2. Remove the existing right-of-way trail and its points of entry on to the Property and
restore the area to a natural condition in a manner that redirects trail use to the two
Easement Corridors described in the Easement.
8.1.3. Provide all materials needed to construct and maintain the Easement Corridors, to
assess tree and vegetation health and necessary maintenance, and provide natural trail
traffic control methods and/or devices;
8.1.4. Maintain and keep the Easement Corridors and immediate adjoining areas clean from
litter or solid waste, noxious weeds and plants and hazardous trees associated with or
affecting uses of the Easement Corridors.
8.2. Grantor will:
8.2.1. Have the right to use the easement area for all purposes not inconsistent with the uses
and purposes of the property, provided that Grantor shall not build or erect any structure
upon the Easement Corridors without the prior written consent of City.
8.2.1.1. City agrees to work with Grantor with steps needed to achieve a workable and
effective operation and trail management plan, including, but not limited to needed
signage, fencing and, vegetation and tree landscaping design and maintenance on
and adjacent to trails and adjoining riparian zone area, if any;
8.2.2. Will fully cooperate with City in its enforcement of protection of the right-of-way area on
Grantor's property, including but not limited to prompt reporting of known damage or
dangerous conditions affecting the Easement, or destructive and/or criminal behavior by
persons using the Easement.
9. Indemnification; Waiver of Subrogation. The City's scope of indemnity is contained within the
area described in the Easement. To the extent permitted by the Tort Claims Act, the City will
defend, indemnify and save Grantor, its officers, employees and agents harmless from any and all
losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting
from injury to any person (including injury resulting in death,) or damage (including loss or
destruction) to property, from negligent acts arising out of or incident to this Easement or the
activities that take place on the Easement. City will not be held responsible for damages caused
by negligence of Grantor.
Page 2 of 3 -Public-Private Easement Maintenance Agreement
10. No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of
cooperation and coordination to facilitate City's desire to provide public access to its trail system.
However, nothing in this Agreement makes the City responsible for the contracts or commitments
of Grantor regarding construction or development by Grantor as relates to these Easements.
11. Non-appropriations. All City obligations pursuant to this Agreement which require the
expenditure of funds are contingent upon future appropriations by the City as part of the local
budget process. Nothing in this Agreement implies an obligation on the City to appropriate any
such monies.
12. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be
a waiver of or prejudice the party's right to require strict performance of the same provision in the
future or of any other provision.
13. Consent of City. Whenever consent, approval or direction by the City is required, all such
consent, approval or direction shall be received in writing from the City Administrator.
14. Notices. All notices required under this lease shall be deemed to be properly served if sent by
certified or registered mail to the last address previously furnished by the parties. Until changed by
the parties by notice in writing, notices shall be sent to:
CITY: GRANTORS:
City of Ashland Wollenweber, Martine Ernst Et Al C/O
Attn: City Administrator Ernst Holdings LLC
20 E. Main Street 21087 Cabot Blvd. Suite 6
Ashland, OR 97520 Hayward CA, 94545-1147
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written
below.
GRAN S):
-7 3% 12-o~
Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this
Public-Private Easement Agreement as set forth above.
CITY:
7
or/May 's Designee, City o Ashland Date
Page 3 of 3 -Public-Private Easement Maintenance Agreement
cooperation and coordination to facilitate City's desire to provide public access to its trail system.
However, nothing in this Agreement makes the City responsible for the contracts or commitments
of Grantor regarding construction or development by Grantor as relates to these Easements.
11. Non-appropriations. All City obligations pursuant to this Agreement which require the
expenditure of funds are contingent upon future appropriations by the City as part of the local
budget process. Nothing in this Agreement implies an obligation on the City to appropriate any
such monies.
12. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be
a waiver of or prejudice the party's right to require strict performance of the same provision in the
future or of any other provision.
13. Consent of City. Whenever consent, approval or direction by the City is required, all such
consent, approval or direction shall be received in writing from the City Administrator.
14. Notices. All notices required under this lease shall be deemed to be properly served if sent by
certified or registered mail to the last address previously furnished by the parties. Until changed by
the parties by notice in writing, notices shall be sent to:
CITY: GRANTORS:
City of Ashland Wollenweber, Martine Ernst Et Al C/O
Attn: City Administrator Ernst Holdings LLC
20 E. Main Street 21087 Cabot Blvd. Suite 6
Ashland, OR 97520 Hayward CA, 94545-1147
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written
below.
GRANTOR(S):
4--z9- 13
Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this
Public-Private Easement Agreement as set forth above.
CITY:
Vaor/Ma is Designee, City (0 Ashland Date
Page 3 of 3 -Public-Private Easement Maintenance Agreement
i'S
Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure
of funds are contingent upon future appropriations by the City as part of the local budget process.
Nothing in this Agreement implies an obligation on the City to appropriate any such monies.
Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a
waiver of or prejudice the party's right to require strict performance of the same provision in the
future or of any other provision.
Consent of City. Whenever consent, approval or direction by the City is required, all such consent,
approval or direction shall be received in writing from the City Administrator.
Notices. All notices required under this lease shall be deemed to be properly served if sent by
certified or registered mail to the last address previously furnished by the parties. Until changed by
the parties by notice in writing, notices shall be sent to:
CITY: GRANTORS:
City of Ashland Wollenweber, Martine Ernst Et AI C/O
Attn: City Administrator Ernst Holdings LLC
20 E. Main Street 21087 Cabot Blvd. Suite 6
Ashland, OR 97520 Hayward CA, 94545-1147
INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written
below.
NTOR(S):
Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this
Public-Private Easement Agreement as set forth above.
CITY.
7 ~14~
ay rlMayor s Designee, City of shland Date
Page 3 of 3 -Public-Private Easement Maintenance Agreement
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