HomeMy WebLinkAbout1996-176 Easement -Mt. Park DevFIRST PAGE RECORDING RE¢!UIREMENTS PER ORS 205.234
NAME OF TRANSACTION: Parks Activity Easement and Waiver
NAME OF PARTIES: Grantor: Mountain Park Development, LLC
Grantee: City of Ashland, by and through its
Ashland Parks and Recreation Commissioh
DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
TRUE AND ACTUAL CONSIDERATION: $1.00
UNTIL A CHANGE IS REQUESTED, SEND Grantor at 4240 Clayton Road
TAX STATEMENTS TO: Ashland, OR 97520
PARK ACTIVITIES EASEMENT AND WAIVER OF OBJECTION TO NOISE,
~_~-~_~. ~c~ TRAFFIC, LIGHTS AND GLARE AT
3ci¢~e66 :~'~ NORTH MOUNTAIN PARK, ASHLAND, OREGON
1. The undersigned named above as Grantor and referred to in this document as
"Grantor" whether singular or plural, owns or is the vendee under a recorded land sale
contract of real property in Jackson County, Oregon, which is described in the
attached Exhibit A and referred to in this document as "the Property."
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2. Grantor desires a utility easement across the City of Ashland ("City") North Mountain
Park ("Park") administered by the Ashland Parks and Recreation Commission
("Commission"). The Park is described as:
Parcel No. 1 of that Land Partition filed for record on September 7, 1994
and recorded as Partition Plan N. P-9--1994 of "Land Partition Plats" of
Jackson County, Oregon (Index Volume 5, Page 90).
3. Grantor acknowledges that facilities and activities at the Park may generate noise,
traffic, lights and glare. Those facilities and activities include, but are not limited to
soccer, baseball and softball fields including participants and spectators, playgrounds,
vehicle parking, bicycle and pedestrian trails and related facilities and activities.
4. In consideration of the consent by the Commission for the easement, Grantor
declares and agrees Grantor shall not protest or bring suit or action against the City or
the Commission and shall defend, indemnify and save City and Commission, their
officers, employees and agents from any and all claims, actions, costs or other
damages resulting from the noise, traffic, lights and glare described above.
5. Grantor further agrees that the Property shall be held, sold, and conveyed subject
to the above covenants, conditions and restrictions, which shall constitute covenants
PAGE 1-PARK ACTIVITIES EASEMENT
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ru'nning with the land and shall be binding on all parties having any right, title or
interest in the Property or any part, their heirs, successors and assigns.
Grantor has signed this document on the :2. c._) day of ~ cJ~u% ~ , 1996.
GRANTOR:
STATE OF OREGON
COUNTY OF JACKSON
This instrument was acknowledged before me on ~'-;.¢-"? d by )~ oc;, ,.,(/;d. ~,~q ,,
as ,'~ t/),~ ¢ r- of Mountain Park Development, LLC'and r ~
./-' as ._..----' of Mountain Park Development, LLC.
NOTARY PUBLIC- OREGON I for Oregon
CO,,~SSION NO. 04~53 I
u~r,c.omssm~ [.cocqEs srd'T. ~8. m,~ My commission expires: ~-/~ ~ '~.
PAGE 2-PARK ACTIVITIES EASEMENT
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' Commencing at a polnt on the East line of Mountain Avenue In the Oily of Ashland,
Jackson County; Oregon, where said East line of Mounlaln Avenue intersects the Northerly llne of
the "Cenlrol Oregon and Pociflc Railroad Company" (formerly the Oreg?n and California Rallroad
Company) right-of-way; thence North 00'12'24' East (Record North,), along the East line of
sold Mountain Avenue, 777.2 feet to a 2 inch diameter brass disc set in concrete for
the POINT Of BEGINNING; Thence, leaving said Ea~,t II? of Mountain Avenue South 89'47'56' East
(Rec~d EaSt) 200.00 feel; thence North 00'12 24 East (Record North) 276.00 feet lo fha
South line of that tract of land described In Volume 195, ~age 484 of the Deed Records In said
Jackson County; thence, along sald South line, South 89'47'~6 East (Record East) 500.00 feet; thence, ·
le~ing said South line, South 0~12'24" West (Record South) 622.~0 feet; thence North 89'47'36" West
(Record Weal) 540.00 feef;..thenoe North 00'12'24" East (Record North) 184.00 feet; thence North
8r47'56" West (Record We~) 160.00 feet to the East line of said Mountain Avenue; thence, along said
East Ilne, North 00'12'24 East (Record North) 162.50 feet lo the Polnf of Beginning.
Ja&mn CounT,/, O~egoa
Recorded
OFFICIAL RECORDS
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