The URL can be used to link to this page

Home My WebLink About2016-126 Easement - Hughes & Rollins Jackson Official Records 2016-01792$ R-E 06113/2016 12:43:44 PM Cnt=1 SHINGLJS ~o 00 $10 00 $5 co $8 oo $11 00 Total:$108.00 RECORDING COVER SHEET 52&00 $4 00 PER ORS 205.234 01718871201600179280100107 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 PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING records. Christine Walker - 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 -~v ~~~Olc , rah f yr ~~~5 2. Grantor(s) as described in ORS 205.160 oma, 5 . 0 S It NV3 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. Thomas Joseph Roff.and Jani R. Rollins, tenants by the entirety, 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 train 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. 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 1- TRAIL EASEMENT 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. NTOR:~ I N -~`l OFFICIAL SEAL DIANE M. BENNETT Date NOTARY PUBLIC -OREGON COMMISSION NO, 452266 MY COMMISSION EXPIRES OCTOBER 0c. 2014 NTOR: All D 6t6 State of Oregon ) County of Jackson ) This instrument was acknowledged before me on this day of by Thomas Josep}iB - . Nota ' ublic for Oregon % r . My Commission expire' r- State of Oregon County of Jackson ) This instrument was acknowledged before me on this day of 2013, by Jani R. Rollins. Notary Public for Oregon My Commission expires: GRANT E: City o hland ut rized si er for Grantee Date State of Oregon ) County of Jackson This instrument was acknowledged before me on this day of-c; by ayor John Stromberg. OFFICIAL SEAL Notary Public for Oregon f BARBARA M CHRISTENSEN My Commission expires: NOTARY PUBLIC-OREGON COMMISSION NO. 480777 MY COMMISSION EXPIRES SEPTEMBER 16, 2017 2- TRAIL EASEMENT 15' WIDE PEDES'T'RIAN TRAIL EASEMENT MAP 39-1 E-16 TAX LOT 900 A portion of the lands described in the deed recorded in Document Number 99-48609, 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 99-48609. Official Records, Jackson County, Oregon, said point being distant thereon North 00°07'37" West, 185.15 feet from the southwest corner of said lands; thence leaving said westerly line South 47°26'46"East, 3.85 feet; thence South 20°56'59" East, 64.86 feet; thence South 26°15'37" West, 49.64 feet; thence South 02°06'55" West, 33.96 feet; thence South 08°38' 13" West, 26.97 feet, thence South 21 °23'08" West, 15.00 feet to the point of termination. Excepting that portion thereof lying west of the westerly 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 west line of said lands. REGISTERED , 0 FESS10N` AAN SURVEYOR]____ OREGON JULY! 10 1994 RICHARD R ALSPACH No. 2663 Expires 2, EXHIBIT 15' WIDE PEDESTRIAN TRAIL EASEMENT MAP 39-1E-16 TAX LOT 900 N I DA TE: 5-12-2016 SCALE: 1 "=60' ROLLINS POINT OF BEGINNING DOC. NO. 99-48609 s .mss ~~Q F ' O 00 Ct DESCRIBED 15' WIDE EASEMENT 3 REGISTERED o PROFESSIONAL LAN URVEYOR aC\l 'n co cyl 2~ OREGON JULY 19, 1994 RICHARD F. ALSPACH S 89'57'46" E No. 2653 p O Renewal 12-31-2017 hPREPARED BY-, TERRASURVEY, 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 15' WIDE BICYCLE TRAIL EASEMENT MAP 39-1 E-16 TAX LOT 900 A portion of the lands described in the deed recorded in Document Number 99-48609. 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 southerly line of the lands described in the deed recorded in Document Number 99-48609, Official Records, Jackson County, Oregon, said point being distant thereon South 89°57'46" East, 85.02 feet from the southwest corner of said lands, thence leaving said southerly line North 00°52'25" East, 111.91 feet to the beginning of a curve concave to the southwest having a radius of 230.00 feet; thence northwesterly 106.12 feet along said curve through a central angle of 26°26'13"; thence North 25°33'48" West, 76.25 feet to the beginning of a curve concave to the southwest having a radius of 110.00 feet; thence northwesterly 51.44 feet along said curve through a central angle of 26°47'38" to the point of termination on the westerly line of said lands and to which point a radial line bears North 37°38'34" East. The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and to terminate at the south and west lines of said lands. REGISTERED PROFESSIONAL LAND SURVEYOR JULY 19, S 9A4 RICHARD F. ALSPACH No. 2653 Expires EXHIBIT 15' WIDE BICYCLE TRAIL EASEMENT MAP 39-1E-16 TAX LOT 900 1 R=ilo.oo 0=26 47'38" N / L=51.44 ROLLINS DATE: 5-12_2016 DOC. NO. 99-48609 SCALE. 1"=60' ' DESCRIBED 15 W►DE EASEMENT R=2.30. 00 °o A=26 26'13, L=106.12 REGISTERED PROFESSIONAL LAN SURVEYOR LLU) OREGON ICI I JULY 19, 1994 RICHARD F. ALSPACH z• POINT OF BEGINNING No. 2653 Renewal 12-31-2017 - S89 5 746 "E - 85.02' PREPARED BY: TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET BASIS OF BEARINGS ASHLAND, OREGON 97520 (541) 482-6474 FOUND MONUMENTS PER FILED SURVEY NO. 10586 terroin@bisp.net EXHIBIT D AGREEMENT FOR MAINTAINING EASEMENT THIS AGREEMENT is entered into between Thomas Joseph and Jani R. Rollins, 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 # 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 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. 10. No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of Page 2 of 3 -Public-Private Easement Maintenance Agreement 9 I 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 Thomas Joseph Rand Jani R. Rollins Attn: City Administrator 1631 Peachey Rd. 20 E. Main Street Ashland, OR 97520 Ashland, OR 97520 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. y f R(S): AJ 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: 40 Ma r/Mayor's Designee, City Ashland Date Page 3 of 3 -Public-Private Easement Maintenance Agreement ~C)