HomeMy WebLinkAbout1999-156 Easement- SOLC 'J9-43603 "--~ ~103'
RETLIP. N TO JACKSON COUNT1' TITLE DIVISK)N
502 WES!' MAiN ST., MEDf'O.RD, OR 97501
DEED OF GONSERVATION EASEMENT
Oredson-Todd Woods
This Deed of Oonservation Easement is made this ,.~ ¢ day of August, 1 ggg, by
the Oity of Ashland, Grantor, in favor of Southern Oregon Land Oonservancy, Inc.,
a nonprofit Oregon Gotpotation, having an address at PO Box g54, Ashland, OR g7520,
Grantee.
WITNESSETH:
The Grantor is owner of certain real property in Jackson County, Oregon, more
particular described in the attached Exhibit A which is incorporated by this reference
(the Property); and
WHEREAS, the Property possesses natural, scenic, and open space values
(collectively, Conservation Values) of great importance to Grantor, the people of the
City of Ashland, and the people of the State of Oregon; and
WHEREAS, in particular, keeping the Property in its natural state helps preserve and
enhance the scenic character of the City of Ashland; and
WHEREAS, the property was donated to the Southern Oregon Land Conservancy in
1983 by Vincent L. Oredson and John D. Todd and, in turn, the Southern Oregon Land
Conservancy has donated the property to the Grantor; and
WHEREAS, the intention of Vincent L. Oredson and John D. Todd and the Southern
Oregon Land Conservancy in making the donations described above was to protect the
conservation values of the property; and
WHEREAS, the parties to this grant agree that the Property shall be known as the
Oredson-Todd Woods to commemorate the original donors of the Property; and
WHEREAS, the Property borders existing land owned by the City of Ashland over
which the Southern Oregon Land Conservancy holds a conservation easement. Both
the Property and the bordering parcel are held as a part of Ashland's park system to be
used for open space and the recreational enjoyment of the public; and
WHEREAS, Grantor intends to preserve and protect the Conservation Values of the
Property and fulfill the condition of the donations described above by conveying to
Grantee the right to preserve and protect the Conservation Values of the property in
perpetuity; and
WHEREAS, the Grantee is a publicly supported, tax-exempt, nonprofit organization
qualified under Section 501 (C)(3)and 170(h)of the Internal Revenue Code whose
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primary purpose is the preservation, protection, and enhancement of lands in its
natural, scenic, historical, agricultural, forested, and/or open space condition; and
WHEREAS, Grantee agrees, by accepting this grant, to honor the intent of Grantor
stated in this easement and to preserve and protect in perpetuity the conservation
values of the property for the benefit of this generation and future generations to come;
Now, Therefore, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained in this document and pursuant to the laws of the
State of Oregon and in particular ORS 271.715 through 271.785, Grantor voluntarily
grants and conveys to Grantee a conservation easement in perpetuity over the Property
of the nature and character and to the extent set forth below (Easement).
1. PURPOSE. It is the purpose of this easement to protect, maintain and restore the
Property predominantly in its natural, scenic, and open space condition and to prevent
any use of the Property which would significantly impair or interfere with the
conservation values of the Property. It is the express intent of the Grantor that the
property shall be used for recreation, education, research, habitat, open space, or
public park purposes and shall be maintained for the use and enjoyment of the general
public. Except as specifically noted otherwise in this easement, the Property shall be
preserved in its natural state and managed to promote healthy forest ecosystems and
to encourage native species growth and wildlife habitat as fully as is possible within the
considerations of generally accepted ecological and public safety standards.
2. RIGHTS OF GRANTEE. To accomplish the purposes of this easement, the following
rights are conveyed to Grantee by this easement:
(A) To preserve, protect, enhance and restore the natural, scenic, open space
and ecologica~ features of the Property.
(B) To enter upon the Property at reasonable times in order to monitor Grantor's
compliance with and otherwise enforce the terms of this easement.
(C) To enjoin any activity on or use of the Property that is inconsistent with the
purpose of this easement and to require the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use.
3. RESERVED RIGHTS. Grantor reserves to itself, its personal representatives, heirs,
successors and assigns, all rights and obligations accruing from ownership of the
Property, including the right to engage in or permit or invite others to engage in all uses
of the Property that are not expressly prohibited by this easement and are not
~nconsistent with the purposes of this easement. These uses include, but are not
limited to, the establishment of trail and access facilities according to the terms of a plan
which has been submitted to and approved by Grantee prior to any on site work being
performed. All such facilities shall be sized, designed and built in such a manner so as
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to minimize their impact on native vegetation, habitat and drainage. Grantee shall have
the right to review any such plan to ensure that placement and construction of trails and
facilities shall not conflict with the purpose of this Easement and any required approval
shall be granted at Grantee's discretion. However, Grantee may not prohibit hiking trails
established in cooperation with the BLM or the USFS. Grantor understands and agrees
that the Property shall be kept open for public use and enjoyment and that horses,
horse drawn vehicles and other beasts of burden shall be permitted provided that either
Grantor or Grantee may restrict such use on a seasonal basis. Any trail and access
system may include the following:
(A) Simple, rustic, non-paved foot, bicycle or equestrian paths not to exceed
three feet in width:
(B) Paved handicapped accessible trails not to exceed 1/4 mile in length;
(C) Bridges and retaining walls for trails;
(D) Interpretive, safety and direction signs designed to limit their visual impact on
the natural landscape. Such signs shall include the designation of the Property
as the Oredson-Todd Woods and shall mention the role of the Southern Oregon
Land Conservancy in the Property's preservation;
(E) Rest benches;
(F) Fences or barriers for safety purposes designed and placed to limit their
aesthetic impact to the extent possible.
4. PROHIBITED USES. Grantor intends to limit the use of the Property through this
Conservation Easement to natural, scenic, educational, habitat and open space uses
including the right to allow the public access to the Property for the low impact activities
such as walking, hiking, jogging, cycling and natural observations. Any activity which is
inconsistent with the purpose of this easement is prohibited. Without limiting the
generality of the foregoing, the following activities are expressly prohibited. (A) Industrial or commercial use;
(B) The use of off-road or other motorized vehicles except in emergencies or for
maintenance or repair of trails or access facilities or as approved or necessary
under the provisions of a plan approved pursuant to Section 3 or 4(H);
(C) The legal or de facto subdivision or partitioning of the property;
(D) The exploration for or extraction of minerals, hydrocarbons, oils or materials
on or below the surface of the Property;
(E) Any alteration of the surface of the land, including, without limitation, the
excavation or removal of soil, sand, gravel, rock, peat, or sod except as may be
approved by Grantee under the provisions of Section 3;
(F) The construction of any building, structure, sign, or improvement on the
Property except as permitted under the provisions of Section 3;
(G) The processing, storage, dumping, or other disposal of hazardous, toxic or
other wastes, and refuse on the Property
(H) Timber Harvest, cutting of trees or harvest of non-timber forest products
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except as permitted under the provisions of a plan approved by Grantee which is
designed to protect the natural, scenic, historic, open space and ecological
values of the Property, or except as necessary to control, reduce or prevent
disease, fire, fire hazard, imminent hazard, or to restore natural habitat areas or
to promote native vegetation;
(I) The building of roads and other right-of-ways except as may be approved by
Grantee under the provisions of Section 3.
5. NOTICE AND APPROVAL.
(A) Grantor agrees to notify Grantee prior to undertaking any activity on the
Property, and specifically prior to undertaking certain permitted activities such as those
described in Sections 3 and 4 above. No notice is necessary, however, for Grantor
permitting access by the public or for routine maintenance or repair of existing trails or
access facilities. The purpose of such notice is to provide Grantee with an adequate
opportunity to review and monitor the activities to ensure that they are consistent with
the purpose of this Easement. All such notices, except for activities required to prevent
imminent hazard to public health or safety, shall be provided not less than thirty(30)
days prior to commencement. In the event that an activity is required to prevent
imminent hazard to public health or safety, Grantor shall make good faith attempts to
contact Grantee prior to any such work taking place and obtain Grantee's approval. If it
is not possible to contact Grantee in a timely fashion, Grantor may proceed without
such approval to perform the minimum work require to abate the imminent threat or
stabilize the condition until such time as Grantee has reviewed and approved a plan for
further activity.
(B) Grantee shall either grant or withhold its approval in writing within thirty (30)
days of receipt of Grantor's written request for such approval. If Grantee fails to respond
to Grantor within thirty (30) days, the activity proposed by Grantor shall be deemed to
be approved. Any approval required of Grantee under the terms of this easement,
except in the case of timber harvest plans designed to control or prevent fire or other
hazards, shall be granted or withheld solely at the reasonable discretion of Grantee.
Any timber harvest plan designed to control, reduce or prevent fire or fire hazard or
other hazard shall be subject to Grantee's reasonable review and Grantee's approval
shall not be unreasonably withheld.
6. GRANTEE'S REMEDIES.
(A) If Grantee determines that Grantor is in violation of this easement or a
violation is threatened, Grantee shall give written notice to Grantor of such violation and
demand corrective action sufficient to cure the violation, and where the violation
involves injury to the Property resulting from any use or activity prohibited or
inconsistent with the purposes of this easement, to restore the portion of the property
so injured.
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(B) If Grantor fails to cure the violation within thirty (30) days after receipt of
notice of the violation from Grantee or, under circumstances where the violation cannot
reasonably be cured within the thirty (30) day period, fails to begin curing said violation
within the thirty (30) day period or fails to continue diligently to cure said violation until
finally cured, Grantee may bring an action at law or equity in a court of competent
jurisdiction to enforce the terms of this easement, to enjoin the violation ex parte as
necessary by temporary or permanent injunction, to recover any damage to which it
may be entitled for a violation of the terms of this easement or injury to any
conservation values protected by this easement including damages for the loss of
scenic, aesthetic, or environmental values, as well as the value of any minerals, crops,
timber or other material removed from the property in violation of this easement and to
require the restoration of the Property to the condition in which it existed prior to any
such injury. Without limiting Grantor's liability therefore, Grantee in its sole discretion
may apply any damages recovered to the cost of undertaking any corrective action on
the Property.
(C) If Grantee in its sole discretion determines that circumstances require
immediate action to prevent or mitigate significant damage to the conservation values
of the Property, Grantee may pursue its remedies under this Section 6 without prior
notice to Grantor and without waiting for the period provided for cure to expire.
(D) Grantee's rights under this paragraph apply equally in the event of either
actual or threatened violations of the terms of this easement and Grantor agrees that
Grantee's remedies at law for any violation of this easement are inadequate and that
Grantee shall be entitled to the injunctive relief described in this paragraph, both
prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled including specific performance of the terms of this easement without the
necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies. Grantee's remedies described in this paragraph shall be cumulative
and shall be in addition to all remedies now or hereafter existing at law or in equity.
7. COSTS AND LIABILITIES. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind relating to the ownership, operation, upkeep and maintenance
of the Property and does hereby indemnify and hold Grantee harmless therefrom. The
Grantor, however, shall not be required to indemnify Grantee for any such liability
arising out of the negligent, wrongful or intentional acts of the Grantee or the employees
or agents of Grantee.
8. TAXES. Grantor agrees to pay before delinquency all taxes and assessment fees
and charges of whatever description levied on or against the property by any competent
authority (collectively taxes) including any taxes imposed upon or incurred as a result of
this easement and shall furnish Grantee with satisfactory evidence of payment upon
request. Grantee is authorized, but in no event obligated, to make or advance any
payment of taxes, upon three (3) days prior written notice to Grantor, in accordance
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with any bill, statement or estimate procured from the appropriate authority, without
inquiry into the validity of the taxes or accuracy of the bill, statement or estimate.
Grantee shall be entitled to immediate reimbursement from Grantor, its heirs,
successors, or assigns for any taxes so paid and the obligation created by such a
payment shall bear interest until paid by Grantor at the lesser of 5 percentage points
over the prime rate of interest from time to time charged by the United States National
Bank of Oregon or the maximum rate allowed by law.
9. ENFORCEMENT COSTS. Grantor and Grantee intend that each party shall bear
their own costs in bringing or responding to any action enforcing, judicially or otherwise,
the terms and restrictions of this Conservation Easement against Grantor, its heirs,
successors, personal representatives or assigns, including without limitation, costs of
suit and attorney fees. Any costs of restoration necessitated by violation of the terms of
this Conservation Easement by Grantor, its successors, personal representatives, or
assigns, shall be borne by Grantor, its heirs, successors, personal representatives, or
assigns.
10. HOLD HARMLESS. Each party (the indemnifying party) shall defend and
indemnify the other parties, their officers, agents, and employees (the indemnified
parties), from any and all claims, actions, costs, judgments, damages or other expenses
resulting from injury to any person (including injury resulting in death), or damage to
real or tangible personal property (including loss or destruction), caused by the
negligence or other tortious acts of the indemnifying party (including, but not limited to,
acts and omissions of the indemnifying party's officers, employees, agents, contractors,
and subcontractors). The obligations stated in this section shall be subject to the
following conditions:
(A) The indemnifying party shall be notified in writing of any claim promptly after
the indemnified party becomes aware of it;
(B) The indemnifying party has sole control of the defense of such claim and of
all negotiations for its settlement or compromise; and
(C) The indemnified party gives the indemnifying party information reasonably
available and assistance necessary to facilitate the settlement or defense of such claim
and, to the extent permitted by law, the indemnified party makes any defenses available
to it available to the indemnifying party.
The indemnifying party's indemnity obligation under this section shall be reduced to the
extent by which the liability, damage, or expense results from the negligence or other
tortious acts of the indemnified party, the indemnifying party's officers, employees, or
agents, or a third party.
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11. GRANTEE'S DISCRETION. Grantor intends that the enforcement of the terms and
provisions of the Conservation Easement shall be at the discretion of the Grantee and
any forbearance by Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, its heirs, successors, personal representatives, or assigns, shall not
be deemed or construed to be a waiver of Grantee's rights hereunder in the event of
any subsequent breach.
12. WAIVER OF CERTAIN DEFENSES. Grantor hereby waives any defense of laches,
estoppel, abandonment or prescription.
13. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury to
or change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, and from any prudent action
taken by Grantor under emergency conditions to prevent or mitigate significant injury to
the Property resulting from such causes.
14. ACCESS. Grantor agrees that the Property shall be maintained for the use and
enjoyment of the general public. No restrictions on such use shall be made which
would have the effect of being discriminatory and all use of the Property shall be
consistent with the terms and purposes of this conservation easement.
15. CHANGE OF CONDITIONS.
(A) If in the opinion of Grantee circumstances arise in the future that render the
purpose of this easement impossible to accomplish, this easement can only be
extinguished or terminated by Grantee, whether in whole or in part, by judicial
proceedings in a court of competent jurisdiction brought by Grantee. The amount of
proceeds to which Grantee shall be entitled, after satisfaction of prior claims, for any
sale, exchange, or involuntary conversion of all or a portion of the property subsequent
to such extinguishmerit or termination, shall be the stipulated fair market value of the
easement, or portion thereof, as determined in accordance with paragraph 15(C).
(B) In making this grant, Grantor has considered the possibility that uses
prohibited by the terms of this easement may become more economically valuable than
permitted uses; that neighboring properties may in the future be put entirely to such
prohibited uses; or that Grantor, its heirs, successors, or assigns may be unable, or find
ft unprofitable, to conduct or implement any or all of the uses permitted under the terms
of this easement. It is the intent of both Grantor and Grantee that any such changes
shall not be deemed to be circumstances justifying the termination or extinguishment of
this easement pursuant to paragraph 15(A).
(C) This easement constitutes a real property interest immediately vested in
Grantee, which, for the purposes of paragraph 15(A) and (D), the parties stipulate to
have a fair market value equal to one hundred percent (100%) of the fair market value
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of the property unencumbered by the easement. This provision shall be amended by
the Grantor and Grantee, if necessary, to conform to any contrary final determination of
the IRS or court of competent jurisdiction. For the purposes of this paragraph, the ratio
of the value of the easement to the value of the property unencumbered by the
easement shall remain constant. In addition, the parties stipulate that one hundred
percent (100%) of any net profits from any income received relating directly to the
ownership of the property, its timber, minerals or other natural resources should any
such receipts be allowed under the terms and provisions of this easement shall be
dedicated to the future maintenance and management of the Property.
(D) If all or part of the property is taken by an exercise of the power of eminent
domain or acquired by purchase in lieu of condemnation, whether by public, corporate
or other authority, so as to terminate this easement, in whole or in part, Grantor and
Grantee shall act jointly to recover the full value of the interests in the Property subject
to the taking or purchase in lieu of taking and all direct and incidental damages resulting
therefrom. All expenses reasonable paid by Grantor and Grantee in connection with
such an action shall be paid out of the amount recovered. Grantee shall be entitled to
one hundred percent (100%) of the balance of the amount recovered.
(E) Grantee shall use any proceeds received under the circumstances described
in this section 15 in a manner consistent with its conservation purpose, which are
exemplified by this grant.
16. ASSIGNMENT. This easement is transferable, but Grantee may assign its rights
and obligations under this easement only to an organization that is a qualified
organization at the time of transfer under Section 170(h) of the Internal Revenue Code
(or any successor provision then applicable), and authorized to acquire and hold
conservation easements under then applicable Oregon law or the laws of the United
States. As a condition of such transfer, Grantee shall require that the conservation
purpose that this grant is intended to further continue to be carried out. Grantee agrees
to give written notice to Grantor of an assignment at least 20 days prior to the date of
such assignment. The failure of Grantee to give such notice shall not affect the validity
of such assignment nor shall it impair the validity of this easement or limit its
enforceability in any way.
17. SEVERABILITY. If any provision of this Conservation Easement or the application
thereof to any person or circumstance is found to be invalid, the remainder of the
provisions of this Conservation Easement and the application of this instrument to
persons or circumstances other than those to which it is found to be invalid shall not be
affected thereby.
18. LIBERAL CONSTRUCTION. Any rule of construction to the contrary
notwithstanding, this easement shall be liberally construed in favor of the Grantee to
effect the purpose of this easement. If any provision in this instrument is found to be
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ambiguous, then an interpretation consistent with the purpose of this easement that
would render the provision valid shall be favored over any interpretation that would
render it invalid.
19. SUBSEQUENT TRANSFER. The Grantor agrees that the terms, conditions,
restrictions, and purposes of this grant will be inserted by it in any subsequent deed or
legal instrument by which Grantor divests itself of any interest in the Property including,
without limitation, a leasehold interest. Grantor further agrees to give written notice to
grantee of the transfer of any interest at least twenty (20) days prior to the date of such
transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this easement or limit its enforcement in any way.
20. RECORDATION. This instrument shall be recorded in the Official Records of
Jackson County, Oregon, in a timely fashion by the Grantor and prior to any transfer of
any interest in the Property by the Grantor.
21. ESTOPPEL CERTIFICATE. In the event of any pending sale of the Property, then
upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to
Grantor any document including an estoppel certificate which certifies Grantor's
compliance with any obligations of Grantor contained in this easement and otherwise
evidences this easement as may be requested by Grantor.
22. ENTIRE AGREEMENT. This instrument sets forth the entire agreement between
the parties with respect to the easement and supersedes all prior discussions,
negotiations, or agreements relating to the easement, all of which are merged herein.
23. NOTICES. Any notice, demand, request, approval, consent or communication that
either party desires or is required to give to the other shall be in writing, either served
personally or sent by first class mail, postage prepaid, addressed as follows:
TO GRANTOR: City Administrator, City of Ashland, 20 East Main Street Ashland, OR
97520 and to: Parks Director, Ashland Parks and Recreation. 340 South Pioneer Street
Ashland, OR 97520;
TO GRANTEE: Southern Oregon Land Conservancy, PO Box 954, Ashland, Oregon,
97520.
24.SUCCESSORS. The covenants, terms, conditions, and restrictions of this easement
shall be binding upon and inure to the benefit of the parties hereto and their respective
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personal representatives, heirs, successors, and assigns, and shall continue as a
servitude running in perpetuity with the Property.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor and Grantee have set their hands on the day and
year first above written.
GRANTOR:
GRANTEE:
City of Ashland,
A municipal corporation
By: Don Laws
Title. Council Chairperson
SOUTHERN OREGON LAND
CONSERVANCY, INC., an
Oregon nonprofit corporatic
By: Daniel S. Kellogg
Title: President
STATE OF OREGON }
}SS. &F
County of Jackson } ~
Personally appeared the above named 2~6tl /_~u-) ~
OFFICIAL SEAL
BARBARA M. CHRISTENSEN ~,
NOTARY PUBLIC-OREGON
COMMISSION NO. 303127
,1999
, the Council Chairperson
of the City of Ashland, and acknowledged the foregoing to be the act of the municipahty
by resolution of its City Council, and that he executed said document on behalf of said
municipality. /~/_~ ~ ~
Before me:
Notary Public for Oregon
My Commission Expires: o~- d~'r'-/z- LP/
STATE OF OREGON )
County of Jackson ) ,1999
Personally appeared Daniel S. Kellogg, the President of SOUTHERN OREGON LAND
CONSERVANCY, INC., an Oregon nonprofit corporation, and acknowledged the
foregoing to be the act of the corporation by resolution of its board of directors, and that
Before me: '
BARBARA M. CHRISTENSEN '
Notary Public for Oregon
My Commission Expires: ?' ~ ~i'--a I
39-43603
8 .~i i 03
EXHIBIT A
Beginning at a t" galvanized iron pipe with a 2-1/2" diameter bronze cap
situated at the north sixteenth cerner common to Sections 22 and 23 in
Township 39 South, Range 1 East of the Willamette Meridian in Jackson
CourtLy, Oregon; thence South 00°13'45'' East (Government Record North)
along the section line common to said sections, 241.09 feet to a point;
~hence leaving said section line, South 64051, West 247.22 feet; thence
South 33°58'45" West 782.0 feet, more or less, to a point in the west
boundary line of the East Half of the Southeast Quarter of the Northeast
QuarLer of said Section 22; thence Northerly along said westerly boundary
line, 995.0 feet, more or less, to the northwest corner thereof; thence
Easterly along the northerly boundary line of the Southeast Quarter of
the Northeast Quarter of said Section 22, a distance of 493.0 feet, more
or less, to the center of Hamilton Creek; thence Northeasterly along said
creek center approximately as follows: North 46° East 83.0 feet; thence
NDrth 40° East 83.0 feet; thence North 32° East 250.0 feet; thence North
9c East 125.0 feet; thence North 20° East 125.0 feet to an angle in said
creek centerline as described in Document No. 85-03536 of the Official
Records of Jackson County, Oregon; thence leaving said creek centerline
South 35°56'16" East 110.35 feet; thence South 17°36'33" West 30.78 feet;
thence South 72e23'27" East 15.00 feet to the Point of Beginning of the
trac~ described in deed recorded as No. 85-03601 said Official Records;
thence along the westerly boundary of said described tract South
~e36'33" West 40.00 feet to a 5/8" iron pin; thence South 9°33'56" West
156.005 feet to a 5/8" iron pin; thence South 17°35'55" West 124.22 feet
t~> a 5/8" iron pin; thence South 10°54'05" West 111.05 feet to a 5/8"
iren pin witness corner; thence continue South 10°5{'05" West 32.55 feet
ts} intersect the southerly boundary of the Northwest Quarter of the
Northwest Quarter of said Section 23; thence North 89°46'12" West 104.855
~eet to the true point of beginning.
{Code 5-11, Account #1-10250-0, Map #391E22, Tax Lot #300)
jackson County, Oregon
Recorded
OFFICIAL R[CORDS
AUg 19 1999
/ COUNFY CLER~
l/
99-43602
RETURN TO JACI(SON CO~.)NT~ rtTt. E OR'~StON
BARGAIN AND SALE DEED
The Southern Oregon Land Conservancy, Inc., a nonprofit Oregon corporation, having an
address at PO Box 954, Ashland, Or. 97520, Grantor, conveys to the City of Ashland, Grantee,
the following described real property:
Beginning at a 1" galvanized iron pipe with a 2-1/2 diameter bronze cap situated at the north sixteenth comer
common to Sections 22 and 23 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County,
Oregon: thence South 00°l 3'45" East (Government Record North), along the section line common to said sections,
24 1 D9 feet to a point; thence leaving said section line, South 64°51' West 247.27 feet; thence South 33058'45'' West
782 feet, more or less, to a point in the west boundary line of the East Half of the Southeast Ouarter of the Northeast
Quarter of said Section 22; thence Northerly, along said westerly bourdary line, 995 feet, more or less, to the
northwest comer thereof; thence Easterly, along the northerly boundary line of the Southeast Ouarter of the
Northeast Quarter of said Section 22, a distance of 493 feet, more or less, to the center of Hamilton Creek; thence
Northeasterly along said creek center approximately as follows: North 46° East 83 feet; thence North 400 East 83
Feel thence North 32° East 250 feet; thence North 90 East 125 feet; thence North 20o East 125 feet to an angle in
said creek centerline as described in Document No. 85-03536 of the Official Records of Jackson County, Oregon;
~hence leaving said creek centerline South 35" 56' 16" East 110.35 feet; thence South 17036'33'' West 30.78 feet;
thence South 72'~23'27'' East 15.00 feet to the point of beginning of the tract described in deed recorded as No.
85-03601 of said Official Records; thence along the westerly boundary of said described tract South17°36'3Y' West
40.00 feet to a 5/8" iron pin: thence South 9o 33'56" West 156.005 feet to a 5/8" iron pin; thence South 17o35'55''
West: 124.22 feet to a 5/8" iron pin; thence South 10I' 54'05" West 111.05 feet to a 5/8" iron pin witness comer;
fi~ence continue South 100 54'05" West 32.55. feet to intersect the southerly boundary of the Northwest Quarter of
the Northwest Quarter of said Section 23; thence North 89°46'12" West 104.855 feet to the tree point of beginning.
The true and actual consideration for this conveyance is $0.00.
Until a change is requested, all tax statements are to be sent to the following address:City
Administrator, City of Ashland, 20 East Main Street Ashland, OR 97520.
Dated this ! '~ day of August, 1999.
STATE OF OREGON )
)sso
County of Jackson )
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
Personally appeared Daniel S. Kellogg, the President of SOUTHERN OREGON LAND
CONSERVANCY, INC., an Oregon nonprofit corporation, and acknowledged the foregoing to
be the act of the corporation by resolution of it~ors~hatL
document on behalf of said corporation. .
Before me:
Notary Public for Oregon
My Commission Expires: ~/' ,fl ~' ~/
BARBARA M. CHRISTENSEN ~
Daniel S. Kellogg
August/[ ,1999
CITY OF ASHLAND
Office of the City Attorney
20 East Main, Ashland, OR 97520
(541) 488-5350 - l
(541) 488-5311 - Fax
September 9, 1999
Paul Nolte, City Attorney
Sharlene P. Stephens, Legal Assistant
Alex Liston Dykema
Southern Fegon Land
AP~F297520 Conservancy
RE: Oredson-Todd Woods Park
I have received the recorded Bargain and Sale Deed and Deed of Conservation
Easement on the Oredson-Todd Woods Park. I am enclosing a copy of the Bargain
and Sale Deed and the original of the easement for your records.
CITY ATTORNEY'S OFFICE
Sharlene P. Stephens
Legal Assistant
Enclosures (2)
c: Barbara Christensen, City Recorder
: ',USER\sharlene\Parks\OTW-Itr 999 wpd
E-Mail Addresses: paul@ashland.or. us -7~: sharlene@ashland.or. us