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
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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:,
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State of Oregon
County of Jackson
This instrument waJ1cknowledged before me on
by 4t~ '/1J'('tAJ and .
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,
, 20(1)(,
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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
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2- TRAIL EASEMENT
A:\Trail easement V2 12004.doc
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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
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OREGON
JUl."..rr. ,.~
STUART M. O$MUS
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MAP OF
PUBLIC PEDESTRIAN ACCESS EASEMENTS
LOT 5, BLOCK 2, STRATFORD-aN-AVON SUBDIVISION
CITY OF ASHLAND, OREGON
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FOR
ASHLAND WOODLAND TRAILS ASSOCIATION
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OWNERS:
PA TRICIA C. AND AL TON M. PERRIN
OR 92-15890
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LEGEND
PROPERTY UNE
EASEMENT
CENTER OF EASEMENT
OR 92-15890
OFFICIAL RECORDS.
JACKSON COUNTY, OREGON
R!6IST2Ae'o~
l'ROFESSIONAL
LAND SURVEYOR
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OREGON
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STUART M. O$MVS
No.
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DA TE: MARCH 24, 2006
T .39 S, R 1 E, SEC 16BA, Tl. 200
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BASIS OF BEARING: POINT OF BEGINNING
EXHIBI T 'A'
PLA T OF STRA TFORD-ON-A VON SUBDIVISION