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HomeMy WebLinkAbout1992-168 Easement - SOLC92-18115 DEED OF CONSERVATION EASEMENT This Deed of Conservation Easement is made this ~/~ day of ;~'~a~ , 199~, by the CITY OF ASHLAND, a municipal corporation, Grantor, in favor of SOUTHERN OREGON LAND CONBERVANCY, INC., a nonprofit Oregon corporation, having an address as PO Box 671, Medford, OR 97501, Grantee. WITNESSETH: The Grantor is the owner of certain real property in Jackson County, Oregon, more particularly described in Exhibit A attached hereto, incorporated by this reference (the Property); and WHEREAS, the Property possesses natural, scenic, recreational and open space values (collectively, Conservation Values) of great impor- tance 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 open space pre- serves and enhances the viewshed for the City of Ashland; and WHEREAS, the Southern Oregon Land Conservancy and local citizens have donated money to the Grantor in order to enable the Grantor to acquire the Property; and WHEREAS, said money was contributed with the understanding that the Grantor would protect the conservation values of the Property; WHEREAS, Grantor desires to preserve and protect the Conservation Values of the Property by conveying to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, the Grantee is a publicly supported, tax-exempt, nonprofit organization qualified under Section 1501(C) (3) and 170(h) of the Inter- nal Revenue Code whose primary purpose is the preservation, protection, and enhancement of lands in its natural, scenic, historical, agricul- tural, forested, and/or open space condition; and WHEREAS, Grantee agrees, by accepting this grant, to honor the intent of Grantor stated herein and to preserve and protect in perpetu- ity the conservation values of the Property for the benefit of this gen- eration and future generations to come; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein and pur- suant to the laws of the State of Oregon and in particular ORS 271.715 through 271.785, Grantor voluntarily grants and conveys unto Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereafter set forth (Easement). -1- DEED OF CONSERVATION EASEMENT 1. PURPOSE. It is the purpose of this easement to assure that the Property will be retained forever predominantly in its natural, scenic, and open space condition and for recreational uses and to prevent any use of the Property which would significantly impair or interfere with the conservation values of the Property. Except for recreational devel- opment as allowed hereunder, the Property shall be reserved in its natu- ral state and managed to promote healthy natural ecosystems as fully as is reasonable within the considerations of generally accepted ecologi- cal, silvicultural, and public safety standards. 2. RIGHTS OF GRANTEE. To accomplish the purposes of this ease- ment, the following rights are conveyed to Grantee by this easement: (A) To preserve, protect, and enhance the natural, scenic, open space and public recreational 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 dam- aged by any inconsistent activity or use. 3. GRANTOR'S USE. Grantor intends that this conservation easement will confine the use of the Property to natural, scenic, public recre- ational, and open space uses including the right to create public access and parking areas and to provide for picnicking, walking, hiking, jog- ging, biking, horseback riding, nature observation, and other recreational activities of a compatible nature. Grantor may take any reasonable action in respect to the Property as deemed necessary for public safety. Any activities on or use of the Property inconsistent with the purpose of this easement are prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (A) Commercial or industrial use; (B) The exploration for or extraction of minerals, hydrocarbons, oils or materials on or below the surface of the Property; (C) The construction of any building, structure, signs, roads, or improvements on the Property except those related to public access and recreational uses of the Property, and those related to or deemed necessary for public safety. (D) The cutting of live trees other than in accordance with a plan approved by Grantee that is designed to protect the natural, scenic, open space, and recreational values of the Property, or as necessary to -2- DEED OF CONSERVATION EASEMENT control or prevent imminent hazard, disease, fire, or to restore natural habitat areas or to promote native vegetation; (E) Any use or activity which causes or presents a substantial risk of ground and soil erosion, except in emergencies, or for public safety reasons, or as reasonably necessary on a short-term basis for maintenance to or installation of improvements on the Property; (F) The use of offroad motorized vehicles except in emergencies, or for public safety reasons, or as reasonably necessary on a short-term basis for maintenance to or installation of improvements on the Property. 4. RESERVED RIGHTS. Grantor reserves to itself, its heirs, suc- cessors, or assigns, all rights as owners of the Property including the right to engage in all uses of the Property that are not expressly pro- hibited herein and are not inconsistent with the purpose of this Conser- vation Easement, plus the right to grant easements to neighboring prop- erty owners for access to their properties for forest management pur- poses. 5. 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 do hereby indemnify and hold Grantee harmless therefrom. 6. TAXES. Grantor agrees to pay any and all real property taxes and assessments levied by any governmental authority on the Property. 7. ENFORCEMENT COSTS. Grantee agrees to pay all costs associated with its obligations to honor and defend the intentions of Grantor stated herein and to preserve and protect in perpetuity the natural, scenic, open space and recreational values of the Property including any costs incurred in monitoring the compliance with the terms of this Con- servation Easement. However, Grantor intends that any costs incurred by Grantee in enforcing, judicially or otherwise, the terms and restric- tions of this Conservation Easement against Grantor, its heirs, succes- sors, personal representatives or assigns, including without limitation, costs of suit, attorney's fees, and any costs of restoration necessi- tated 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. 8. 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. -3- DEED OF CONSERVATION EASEMENT 9. 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 sig- nificant injury to the Property resulting from such causes. 10. CONDEMNATION. If this Easement is taken in whole or in part by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. 11. ASSIGNMENT. Grantee agrees that it will hold this Conserva- tion Easement exclusively for conservation purposes and it will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under applicable state and federal laws and committed to holding this Conser- vation Easement exclusively for conservation purposes. In the event the Grantee is dissolved or ceases to operate, the easement shall be granted to another non-profit organization which qualifies to hold such conservation easements. 12. 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. 13. LIBERAL CONSTRUCTION. Any rule of construction to the con- trary notwithstanding, this easement shall be liberally construed in favor of the grant to effect the purpose of this easement. If any pro- vision in this instrument is found to be ambiguous, then an interpreta- tion consistent with the purpose of this easement that would render the provision valid shall be favored over any interpretation that would ren- der it invalid. 14. RECORDATION AND SUBSEOUENT TRANSFER. This instrument shall be recorded in the Official Records of Jackson County, Oregon, at the time that the Grantor obtains legal title to the Property. The Grantor agrees that the terms, conditions, restrictions, and purposes of this grant will be inserted by them in any subsequent deed or legal instru- ment by which Grantor divests itself of any interest in the Property. 15. SUCCESSORS. The covenants, terms, conditions, and restric- tions of this easement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. -4- DEED OF CONSERVATION EASEMENT TO HAVE AND TO HOLD unto Grantee, its successors and assigns, for- ever. IN WITNESS WHEREOF, Grantor and Grantee have set their hands on the day and year first above written. GRANTOR: CITY O~F/ASHLAND, a municipal corporation By: Title: GRANTEE: SOUTHERN OREGON LAND CONSERVANCY, INC., an Oregon nonprofit corporation By: MIKE UHTO~F ,~ President STATE OF OREGON ) County of Jackson ) '3...~'-~.--~/ ,~ , 199~ Personally appeared C~f~z/4_~-- ~,t~i~'~-~___ , the ~i6~q~l of the city of Ashland, and acknowledged the foregoing~Jto be the act of the municipality by resolution of its City Council, and that <~ ..... executed said document on behalf of said munici- pality. Before me: . Nota~ Public ff~Ore~on ~ Co~ission Expires: -5- DEED OF CONSERVATION EASEMENT STATE OF OREGON ) ) SS. County of Jackson ) /~7 ~ ~ 199~ Personally appeared MIK~ UH?OFF, the President of SOUTHERN OREGON LAND OONSERVANO¥, INC., an Oregon nonprofit corporation, and acknowl- edged the foregoing to be the act of the corporation by resolution of its board of directors, and that he executed said document on behalf of said corporation. Before me: Notary Public for Oregon My Commission Expires: ~-~- ?~ ,,~.¢'.//~ RO~ER'i G. i-i;JNTEP, NOTARY PUBLIC - OkEO~.i)N COMMISSION NO 012083 · MY C.O.MM~$tON-F-..)~/~4RE,~MAk ¢, lY96 -6- DEED OF CONSERVATION EASEMENT EXHIBIT A Parcel Number 1 of that land partition recorded as partition plat number P-51-1992, INDEX VOLUME 3 PAGE 51, of the Records of Partition Plats in Jackson County, Oregon. Jackson County, Oregon Recorded O~:BCIAL RECORDS JUN 22199'2 /%M. KATHLEEN S. BECKETT CLERK an& RECORDER