HomeMy WebLinkAbout1996-39 Loop Road EasementRESOLUTION NO. 96- -22?
A RESOLUTION APPROVING RIGHT OF WAY EASEMENT
TO FOREST SERVICE FOR A SECTION OF LOOP ROAD
ABOVE MORTON STREET.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The attached "Forest Service Right-of-Way Easement" for Forest Road
No. 2060000 is approved and the Mayor and City Recorder are authorized to execute
the document on behalf of the City of Ashland.
This resolution was read by title only in accordance with Ashland Municipal Code
Barbara Christensen, City Recorder
SIGNED and APPROVED this
/day of
,1996.
day of ~/~ ,1996.
Catherine M. Golden, Mayor
Paul Nolte, City Attorney
PAGE 1-RESOLUTION I.:ora~oo.-,d.r.~
Forest Road No. 2060000
FOREST SERVICE
RIGHT-OF-WAY EASEMENT
THIS EASEMENT, dated this __ day of . 19__, from the
City of Ashland, a municipal corporation of the State of Oregon, hereinafter
called "Grantor," to the United States of America, hereinafter called
"Grantee."
WITNESSETH:
Grantor, does hereby grant and donate to Grantee and its assigns, subject to
existing easements and valid rights, a perpetual easement for a r6ad along and
across a strip of land, hereinafter defined as the "premises," over and across
the following described lands in the County of Jackson, State of Oregon:
South one-half of the southeast one-quarter of the northeast one-quarter of
Section 16 and the northeast one-quarter of the southwest one-quarter, ,
Township 39 South, Range 1 East, Willamette Meridian, Jackson County,
Oregon. Said premises are shown on the plat a~tached hereto marked Exhibit
The word "premises" when used herein means said strip of land, whether or not
there is an existing road located Thereon. Except where it is defined more
specifically, the word "road" shall mean roads now existing Or hereafter
constructed on the premises or any segment of such roads.
Said premises shall be 40.00 feet in width, 20 feet on each side of the
centerline with such additional width as required for accommodation and
protection of cuts and fills. If the road is located substantially as described
herein, the center line of said road, as constructed, is hereby deemed accepted
by Grantor and Grantee as the true center line of the premises granted. If any
subsequent survey of the road shows that any portion of the road, although
located substantially as described, crosses lands of Grantor not described
herein, the easement shall be amended to include the additional lands
traversed; if any lands described herein are not traversed by the road as
constructed, the easement traversing the same shall be terminated in the manner
hereinafter provided.
The acquiring agency is the Forest Service, Department of Agriculture.
This grant is made subject to the following terms, provisions, and conditions
applicable to Grantee, its permittees, contractors, and assigns:
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Except as hereinafter limited, Grantee shall have the right to use the road
on the premises without cost for all purposes deemed necessary or desirable
by Grantee in connection with the protection, administration, management,
and utilization of Grantee's lands or resources, now or hereafter owned or
controlled, subject to such traffic-control regulations and rules as
Grantee may reasonably impose upon or require of other users of the road.
Grantee shall have the right to construct, reconstruct, and maintain roads
within the premises.
Grantee alone may extend rights and privileges for use of the premises to
other Government Departments and Agencies, States, and local subdivisions
thereof, and to other users including members of the public.
Grantee shall have the right to cut timber upon the premises to the extent
necessary for constructing, reconstructing, and maintaining the road.
Timber so cut shall, unless otherwise agreed to, be cut into logs of
lengths specified by the timber owner and decked along the road for
disposal by the owner of such timber.
This easement is granted subject to the following reservations by Grantor for
itself, its permittees, contractors, assigns, and'successors in interest:
The right to cross and recross the premises and road at any place by any
reasonable means and for any purpose in such manner as will not interfere
unreasonably with use of the road.
2. The right to all timber now or hereafter growing on the premises, subject
to Grantee's right to cut such timber as hereinbefore provided.
It is agreed that the Grantor shall have the right to use the road hereinafter
to be constructed for all purposes deemed necessary or desirable by Grantor in
connection with the protection, administration, management, and utilization of
Grantor's lands or resources now or hereafter owned or controlled, subject,
however, to traffic control regulations as Grantee may reasonably impose under
36 CFR 261.12, and the bearing of road maintenance costs proportionate to use
as provided in 36 CFR 212.7(d).
If, at any time, the Regional Forester determines that the road, or any segment
thereof is no longer needed, the easement traversed thereby shall terminate.
In the event of such determination, the Regional Forester shall furnish to the
Grantor, its successors, or assigns, a statement in recordable form evidencing
termination.
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