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HomeMy WebLinkAbout2006-216 Easement - Perrin Jackson County Official Records 2006-056543 R-E Cnt=1 Stn=6 HELMANC~ 1/09/2006 12:38:34 PM $20.00 $5 00 $11 00 Total:$36.00 1111111111111111111111111 01228787200600565430040042 I, Kathleen S Seckett, County Clerk for Jackson County, Oregon, certify that the instrument identified herein \/Vas recorded in the Clerk records Kathleen S Beckett - County Clerk Name of Transaction: Return Document to: Public Trail Easement Alton M. and Patricia C. Perrin Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $1.00 and other good and valuable consideration Grantors: True and Actual Consideration: EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: A. Grantors are the owners of certain real property strategically located to provide a valuable addition to the public trail system within and immediately around the City of Ashland ("City"). B. The Ashland Woodlands and Trails Association ("AWTA"), working cooperatively with the City and the Ashland Parks and Recreation Commission ("Commission") to acquire, preserve and improve the public trail system, has determined that a trail through the below described property will provide a vital link in this system. C. AWTA has negotiated, for the benefit of the City and Commission, an agreement with Grantors to add the below described property to the public trail system as set forth in this easement. Grantors and City agree: 1. Grant of easement. The above-named Grantors grant to the City of Ashland, Oregon, a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a trail for use by the public across, along and upon the real property described below and further referred to in this easement agreement as the "easement area." The easement area is located in Jackson County, Oregon and is described on the attached Exhibit A. 2. Use of surface. Grantors shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantors shall not build or erect any structure upon the easement area without the prior written consent of City. Exception is granted to construct, or have constructed, necessary pedestrian access steps with City of Ashland design approval. City agrees to work with Grantor with steps needed to achieve the efficient and effective operation and trail management, including, but not limited to needed signage, fencing, etc. 3. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 4. Indemnification. To the extent permitted by the Oregon Constitution and the City's charter, the City shall, within the limits of the Oregon Tort Claims Act, defend and indemnify Grantors against any liability for damage to life or property arising from the public's use of the easement under this agreement. The City shall not be required to indemnify Grantors for any such liability arising out of the wrongful acts of the Grantors or the employees or agents of the Grantors. 5. Merqer. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. G~. NTORS:, ~' .~ . -:/:} ?-- " ~J -- -, ,~', '~~)'LJ-- "" ' t:,-~L~~ State of Oregon County of Jackson This instrument waJ1cknowledged before me on by 4t~ '/1J'('tAJ and . . I , , 20(1)(, /t{ Notary Public for Oregon My Commission expires: J-~e/-dtn i _OFFICIAL SEAL BARBARA M. CHRISTENSEN NOTARY PUBLIC-OREGON COMMISSION NO. 382503 MY COMMISSION EX~IRES AUG. 24, 2008 ;L 2- TRAIL EASEMENT A:\Trail easement V2 12004.doc j' I EXHffiIT B 604 TAYLOR STREET LOT 5, BLOCK 2, SlRA lFORD-ON-A VON SUBDMSION PUBLIC PEDES1RIAN ACCESS EASEMENT FROM TAYLOR STREET TO DITCH TRAIL T. 39 S, R 1 E, Sec. 16BA, TL 200 A strip of land being 4.00 feet in width and lying 2.00 feet on each side of the following described centerline: Commencing at the Southeast comer of the Stratford-on-Avon Subdivision in the City of Ashland, Jackson County, Oregon, according to the Official Plat thereof as now recorded; thence along the easterly line of Lot 5 of Block 2 of said Subdivision, North 00" 14' 20" West, 10.45 feet; thence North 27" 07' 17" West, 23.76 feet; thence North 370 10' 52" West, 30.65 feet; thence North 480 55' 59" West, 59.34 feet; thence North 510 0 I' 04" West 30.86 feet; thence North 540 59' 27" West 33.81 feet; thence North 62000' 14" West, 8.99 feet to a point which is 2.00 feet easterly when measured perpendicular to the most westerly line of Lot 5 of Block 2 of the Stratford-an-Avon Subdivision, being the Point of Beginning; thence, parallel with said westerly line, North, 22.43 feet to the southerly line of Taylor Street as shown on said Official Plat, being the Point of Termination. March 24, 2006 RP.&IS1eAEO "PROFESSIONAL LAND SURVeYOR . . ".L- OREGON JUl."..rr. ,.~ STUART M. O$MUS 0.2 ~I 3 MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENTS LOT 5, BLOCK 2, STRATFORD-aN-AVON SUBDIVISION CITY OF ASHLAND, OREGON ) FOR ASHLAND WOODLAND TRAILS ASSOCIATION \ \ OWNERS: PA TRICIA C. AND AL TON M. PERRIN OR 92-15890 ~ I / ~ UJ UJ g: CI) 0::: o >= ~ \ \ ( / / SCALE: I" = .30 -- ......... i!:' ......... ::-......... 0:: ~ 'h: 4' WIDE EASEMENT .........~......... O' ......... _'--.. ......... ~ ~ I -0/8 POINT OF BEGINNING ......... <-......... I L-- 7' <'bO' EXHIBIT 'B' ~c!J..g.g!"ir -0/8<>. ~ :~,r~ 00' "- ':'--. "",'.g' 'l.<>S!"iy J'> -"'- ~~ ~~<: '~ " ~ ~S?b ~ "7' J'),.. " ~'ll".. C?O>~~"-~ "'" 5' WIDE EASEMENT " ~ " "- "- ~"'* 0v~~ "-0 ~,s. S.9"-" ~.. ""J''ll''-0'' ~ " "-0 "'- "-""'-~~ ~ ~ \ ~. u>~ Yo. i:?6'~~\~" i5'. \~ ,\'\\ \) \ , /\\\1 N27'07'17"W 23.76' #' --\ \ 604 TAYLOR STREET TAX LOT 200 LEGEND PROPERTY UNE EASEMENT CENTER OF EASEMENT OR 92-15890 OFFICIAL RECORDS. JACKSON COUNTY, OREGON R!6IST2Ae'o~ l'ROFESSIONAL LAND SURVEYOR .- A- ~. c...... OREGON .1Uf;.y .,.. ,~1r) STUART M. O$MVS No. ..,... I. DA TE: MARCH 24, 2006 T .39 S, R 1 E, SEC 16BA, Tl. 200 t"I BASIS OF BEARING: POINT OF BEGINNING EXHIBI T 'A' PLA T OF STRA TFORD-ON-A VON SUBDIVISION