HomeMy WebLinkAbout1997-111 Easement - SOU
97-38240
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FIRST PAGE REQUIREMENTS PER ORS 205.234
NAME OF TRANSACTION: " City of Ashland - Bike Path Easement
NAME OF PARTIES: Grantor: Southern Oregon University
351 Walker Avenue
ASHLAND OR 97520-5097
Grantee: City of Ashland, Oregon
DOCUMENT TO BE RETURNED TO: City Recorder, City Hall,
20 East Main, Ashland, OR 97520
TRUE AND ACTUAL $ $.00
CONSIDERA nON:
UNTIL A CHANGE IS REQUESTED, Grantor
SEND TAX STATEMENTS TO:
(c: leng i neerleasementlsou bi kpa. rec)
97-38240
EASRMRNT
The STATE OF OREGON, acting by and through the STATE BOARD OF mGHER
EDUCATION on behalf of SOUTHERN OREGON UNIVERSITY, GRANTOR, does hereby
grant unto the CITY OF ASHLAND, JACKSON COUNTY, OREGON, GRANTEE, an easement
of right-of-way for a multi-use trail (bike path), including pedestrian and bicycle use, over, across,
and upon the below described real property, said property located on the Southern Oregon
University campus paralleling the Central Oregon and Pacific Railroad right-of-way (formerly
Southern Pacific Railroad):
The width of the easement varies from approximately twenty five feet to fifty feet within
the following described line. Beginning at the intersection of the South line of the Central
Oregon and Pacific Railroad right-of-way, sixty feet wide, and the east line of Wightman
Street, sixty feet wide, the bearing of the Central Oregon and Pacific Railroad right-of-way
being North 55027'21" West for the pU1J>ose of this description: thence along the said east
line of Wightman Street, South 0009'54" East 41.45 feet; thence South 53042'02" East
157.03 feet to the beginning of a curve concave to the southwest having a radius of 150.29
feet; thence along said curve through an arc of 5028'58" a distance of 14.38 feet; thence,
tangent to said curve, South 48013'03" East 25.41 feet to the beginning of a curve concave
to the northeast having a radius of 177.79 feet; thence along said curve through an arc of
7028'47" a distance of 23.21 feet; thence, tangent to said curve, South 55041 '50" East
322.59 feet to the beginning of a curve concave to the southwest having a radius of 150.29
feet; thence along said curve through an arc of 4006' 22" a distance of 1 0.77 feet; thence,
tangent to said curve, South 51047'20" East 77.41 feet to the beginning of a curve concave
to the northeast having a radius of 185.78 feet; thence along said curve through an arc of
7046'08" a distance of 25.19 feet; thence, tangent to said curve, South 59044'24" East
51.22 feet to the beginning of a curve concave to the north having a radius of 36.72 feet;
thence along said curve through an arc of 33036'07" a distance of 21.53 feet; thence,
tangent to said curve, North 86039'29" East 6.59 feet to the beginning of a curve concave
to the south having a radius of 19.06 feet; thence along said curve through an arc of
35021 '4J" a distance of 11.76 feet; thence, tangent to said curve, South 57058'50" East
184.11 feet to the beginning of a curve concave to the southwest having a radius of 19.06
feet; thence along said curve through an arc of 28000'30" a distance of 9.32 feet; thence,
tangent to said curve, South 29058'19" East 9.84 feet to the beginning of a curve concave
to the northeast having a radius of 276.22 feet; thence along said curve through an arc of
44036'44" a distance of 215.07 feet to a reverse curve having a radius of 261.84 feet;
thence along said reverse curve through an arc of 18030'05" a distance of 84.55 feet;
thence, tangent to said CUNe, South 56004'59" East 176.63 feet to the west line of Walker
Avenue, sixty feet wide; thence along said west line, North 0014'08" East 26.83 feet to the
south line of said railroad right-of-way; thence along said right-of-way line, North
55027'21" West 1421.61 feet, more or less, to the point of beginning.
SOU/City of Ashland
Bih> Path cascmeot
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Page 1 of 3
97-38240
The GRAN1EE and its joint users shall at all times have the rights and privileges therein necessary for
the full enjoyment and use thereof for the pU1J>ose above described, including the right of ingress and
egress across the real property of the GRANTORS over the most convenient and practical route.
It is understood that the GRANTEE shall, upon every occasion that the multi-use trail (bike path) is
maintained, replaced, repaired, or removed, provide GRANTOR reasonable notice and restore the
premises of the GRANTOR, and any buildings or improvements disturbed by GRANTEE, as near as
practicable.
GRANTOR shall have the right to use the land subject to the above-described easement for all pU1J>oses
not inconsistent with the uses and purposes of the property, provided that GRANTOR shall not build
or erect any structure upon said right-of-way without the prior written consent of GRANTEE.
GRANTEE agrees to indemnify and hold harmless GRANTOR and the members, officers, employees
and agents of the Oregon State Board of Higher Education against any and all damages, claims,
demands, actions, causes of action, costs and expenses of whatsoever nature which may result in an
injury to or the death of any person(s) or from the loss of or damage to property of any kind or nature,
when such injury, loss, death, or damage is due to the tortious acts of GRANTEE, its officers, agents
and employees acting within the scope of their employment duties.
This easement of right-of-way shall tenninate when and if the area ceases to be used by GRANTEE for
the purpose of a multi-use trail (bike path).
DATED this
19
day of ~.p::D ~ .P ^
, 1997.
STATE OF OREGON )ss
COUNTY OF ('t\o...ri at"\.. )
g by and through the State Board of Higher
f Southern Oregon University
tV
. Thompson, Secretary
~_ -,~~ OFFICIAL SEAL
\~~j LYNDA l ROSE
:. ,,/ NOTARY PUBLIC-OREGON
/ COMMISSION NO
MY CO~"1;SSION EXPIAE303513
~"s:,~~~.,. S JUL 31, 2001
This instrument was acknowledged before me on this 19 day of ~, 1997, by Herbert
Aschkenasy as president of the Oregon State Board of Higher Education.
;;('fYJdR~ RoLQ-J
Notary Public for Oregon 1/
My Commission Expires: 11/ /01
I
SOU/City of Ashland
Bik Path casement
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~/
97-38240
STATE OF OREGON )ss
COUNTY OF f'Yl6-r;6Y\. )
_OFFICIAL SEAL
.. . LYNDA L ROSE
:.: .j NOTARY PUBLIC-OREGON
'. / COMMISSION NO.303513
MY COMMISSION EXP'RE~. JUL 31,2001
This instrument was acknowledged before me on this / r day o~
Virginia L. Thompson, as secretary of the Oregon State Board of Higher Education.
r))~~ R ().f C2-)
Notary Public for Oregon
My Commission Expires: o/~( ((j I
, I
, 1997, by
APPROVED AS TO LEGAL SUFFICIENCY
,
1Jlln~ 1=1. 'Rob~t:r)?
Assistant Attorney General
Department of Justice
State of Oregon
Cf/1"tJ q r
Date
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
OCT 13 1997
I~:~~~
~fiCLERK
SOU/City of AsbJand
Him Path easement
4'/
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