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HomeMy WebLinkAbout2023-116 Easement- The Siskiyou School • Jackson County Official Records 2023-019377 Stn=3 SIMPSOHP 09/13/2023 08:40:02 AM Stn $10.00$10.00$13.00$13.00$11.00 $121.00 Grantor: $60.00$4.00 Property Owner: The Siski Y ✓OU School I,Christine Walker,County Clerk for Jackson County,Oregon,certify ,' that the instrument identified herein was recorded in the Clerk Property Owners Address: 631 Clay St., records. Christine Walker-County Clerk Ashland OR 97520 Grantee: City of Ashland Community Development—Planning Department 20 East Main Street,Ashland, OR 97520 Phone 541-488-5305 Fax 541-552-2050 • After Recording Return To: City of Ashland City Recorders Office 20 East Main Street, Ashland, OR 97520 Unless a change is requested all taxes shall be sent to: Grantor True and Actual Consideration $1.00 . • PERMANENT BICYCLE AND PEDESTRIAN EASEMENT FOR CITY OF ASHLAND 1. Grant of Easement. The above named Grantor grants to the City of Ashland Oregon Grantee a perpetual non-exclusive easement in gross to.use operate inspect repair maintain and remove and replace a public pedestrian and bicycle easement across along and upon the real property described below and further referred to in this easement agreement as the easement area The easement area can be utilized for recreational pedestrian and bicycle access only. The easement area is located in Jackson County Oregon and is described as: A 5 foot wide Public Pedestrian Easement to the City of Ashland over and across that tract of land described within Instrument No. 2006-47494 of the Official Records of Jackson County Oregon lying situate within the Northwest Quarter of Section 14 Township 39 South Range 1 East of the Willamette Meridian in the City of Ashland Jackson County Oregon more particularly described and bounded as follows to wit; Beginning at a 5/8 inch iron pin at the Northeast corner of Lot 3 Block 1 Agape Subdivision according to the official plat thereof now of record in Jackson County Oregon;thence South 89°50'53"East along the North line of that tract of land described within Instrument No. 2006- 47494 of the Official Records of Jackson County Oregon a distance of 157.42 feet; thence South 63°40'00"East leaving said North line a distance of 22.32 feet; thence South 89°08'07"East 152.87 feet to the West line of Clay Street;thence South 00°03'18"East along said West line of Clay Street a distance of 5.00 feet; thence North 89°08'07"West 154.08 feet; thence North 63°40'00" a distance of 22.29 feet; thence North 89°50'53"West a distance of 156.25 feet to the • East line of said Lot 3 Block 1 Agape Subdivision;thence North 00°02'01"West a distance of • 5.00 feet to the POINT OF BEGINNING • 2. 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 Grantee. 3. Maintenance. Grantee, its successors, assigns, agents and invitees shall be responsible for the maintenance and repair of said easement including but not limited to maintaining the easement in compliance with any applicable governmental regulations. 4. Access. That any gates shall remain unlocked during non-school daylight hours so as to not limit or restrict access to Clay Park. 5. Indemnification. Subject to the limitations of the Oregon Tort Claims Act ORS 30.260—30.300, Grantee, its successors, assigns, agents and invitees, shall indemnify and hold Grantor its successors, assigns, agents and invitees, harmless against any claim for injury to person or property which occurs, or is alleged to have occurred, during the course of a crossing of Grantor's land by any person other than Grantor, grantor's successors, assigns, agents and invitees This shall include any settlement judgment and costs of defense, including legal fees and disbursements Grantor and Grantee recognize that it may have certain immunities granted pursuant to ORS 105.672 et seq. 6., Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. GRANTOR: The Siskiyou School By: Printed: •, a g A STATE OF OREGON ) )ss. County of Jackson ) I the undersigned being a notary public in and for the State and County aforesaid do hereby certify that on this 1� day of ,2023,Ka k .Y1 L&.v 4or The Siskiyou School known to me to be the same person whose name is subscribed to the foregoing Permanent Bicycle and Pedestrian Easement appeared before me this day in person and acknowledged that pursuant to his her authority he she signed the said Easement'as his her free and voluntary act of The Siskiyou School an Oregon limited liability company for the uses and purposes therein stated ,�.°*-- 14 nA.))Cop,1 , 1. 4 t. a-0 OFFICIAL STAMP otary Public-State of Oregon My commission expires c?-7-;1:'; DANA SMITH j NOTARY PUBLIC-OREGON MY COMMISSION WIRES NOVEMBER 11,2024 ACCEP EED�BY7 City of Ashland a municipal corporation of the State of Oregon / LLi Sabrina Cotta,Deputy City Manager STATE OF OREGON ) )ss. County of Jackson •) I the undersigned being a notary public in and for the State and County aforeaid do hereby certify that on this c�44 h day of CLA.AsL4. ,2023,before me personally appeared, Sc e, a 4 � OFFICIAL STAMP ~ � DANA SMRH • �°'►"�� peg' '�"" I �• 11.a.po74 �` ' � NOTARY PUBLIC-OREGON Notary Public-State of Oregon . My commission expire0;,..) COMMISSION NO.PUBLIC-OREGON