HomeMy WebLinkAbout2011-293 Easement - Ashland Christian Fellowship
Jackson County Official Records 2011-035164
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I, Christine Walker, County clerk for Jackson county, Oregon,-certlry
that the instrument Idemmad herein was recorded In the Clerk
retards. Walker - County Clerk
Name of Transaction: Public Trail Easement' Christine
' -
Grantors: Ashland Christian Fellowship
Return Document to: Barbara Christensen, City Recorder,
20 East Main, Ashland, OR 97520
True and Actual Consideration: $1.00 and other good and valuable consideration
EASEMENT FOR PUBLIC TRAIL PURPOSES
Recitals:
A. Ashland Christian Fellowship Church, herein referred to as "Grantor", is the owner 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 City and the Ashland Parks and Recreation Commission ("Commission") are
working to acquire, preserve and improve the public trail system, and have determined
that a trail through the below described property will provide a vital link in this system.
C. The City and Commission, have negotiated an agreement with Grantor to add the
below described property to the public trail system as set forth in this easement.
Grantor and City agree:
1. Grant of easement. The above-named Grantor grants to the City of Ashland, Oregon,
a perpetual non-exclusive easement in gross, at the City's own cost, 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 the City of Ashland, Jackson County,
Oregon, and is comprised of a ten (10) foot wide public trail right-of-way
situated between Hersey Street and Chegar Street, as further described
on the attached Exhibits A and B.
2. Use of surface. Grantor shall have the right to use the easement area for all purposes
not inconsistent with the uses and purposes of the property, provided that Grantor shall
not build or erect any structure upon the easement area without the prior written
consent of City. City agrees to work with Grantor with steps needed to achieve the -
efficient and effective operation and trail management, including, but not limited to
1- TRAIL EASEMENT
C:\Documents and Settings\olsonj\Local Settings\Temporary Internet Files\Content.Outlook\PHNVG22G\ACF Easement Final
Easement 11-1-11 (2).doc
not build or erect any structure upon the easement area without the prior written
consent of City. 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 and/or boulder placement, dog waste disposal stations,
vegetation and tree landscaping design and maintenance on and adjacent to trail and
adjoining riparian zone area, 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, the City's charter,
and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify
Grantor 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 Grantor
for any such liability arising out of the wrongful acts of the Grantor or the employees or
agents of the Grantor.
5. Merger. 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.
ASHLAND CHRISTIAN FELLOWSHIP CHURCH
GRANTOR:
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Authorized signer for Grantor Date
State of Oregon )
County of Jackson )
This instrument was acknowledged before me on 2011,
by -Ma,~_k
Grantor A p
OFFICIAL SEAL Notary Public for Oregon
BILLIE K. BOSWELL M Commission -7-~
j NOTARY PUBLIC-OREGON y expires:
COMMISSION NO. 436411
MY COMMISSION EXPIRES APR. 1, 2013
2- TRAIL EASEMENT
EXHIBIT `A'
PEDESTRIAN EASEMENT
A strip of land, over and across a portion of that certain property described in Document
No. 88-00279, Official Records, Jackson County, Oregon, being 10.00 feet in width and
lying 5.00 feet on each side of the following described centerline:
Commencing at the most southerly comer of Block 27 of the City of Ashland, Jackson
County, Oregon, also being the intersection of the Northwesterly line of Oak Street with
the Northeasterly line of Chegar Street, from which point the monument at the
intersection of Oak Street and `A' Street bears South 31 ° 15'40" West, 199.41 feet;
thence along said Northeasterly line of Chegar Street, North 43° 47'27" West, 191.10 feet
to the Point of Beginning; thence North 9° 13'48" East, 36.00 feet; thence North 15° 53'
41" East, 16.67 feet; thence South 27° 49' 49" East, 18.53 feet; thence South 39° 00' 54"
East, 22.68 feet; thence North 39° 00' 54" West, 22.68 feet; thence North 27° 49'49"
West, 18.53 feet; thence North 15° 53' 41" East, 12.69 feet; thence North 25° 57' 57"
East, 53.77 feet; thence North 68° 46' 08" East, 23.42 feet; thence North 15° 21' 08" East,
27.03 feet; thence North 37° 41' 00" East, 37.27 feet; thence North 22° 11' 51" East,
80.65 feet; thence North 14° 29' 33" East, 56.55 feet; thence North 10° 57' 23" East,
56.14 feet; thence North 14° 05' 37" East, 28.19 feet; thence North 19° 53' 23" East,
44.22 feet to the Southwesterly line of Hersey Street, being the Point of Termination.
October 24, 2011
RE tdISTERED
PROFESSIONAL
LAND SU/RVEYOR
OREGON
JULY 29. 1 Qv*
STUART M. OSMUS
No. 2484
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EXHIBIT '8'
PEDESTRIAN EASEMENT
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DATE: OCTOBER 28, 2011 Nd~i \
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SCALE: i"= 100'
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OR 88-00279
ASHLAND CHRISTIAN FELLOWSHIP, INC.
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BLOCK 27
tiFG'X\ try",~%r CITY OF ASHLAND /
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PROFESSIONAL
LAND SURVEYOR
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OREGON \ LINE TABLE
JULY 2K. 1 ow
STUART M. OSMUS LINE LENGTH BEARING
No.2484 ee Ll 36.00 N09-IY48-E
E><pdry / 2 -3 / - / 2 L2 16.67 N15.53'41'E
L3 18.53 S27.49'49'E
THIS EXHIBIT IS FOR GRAPHIC PURPOSES L4 22.69 839•00.54'E
1Q LS 12.69 N15.53'41'E
ONLY. ANY ERRORS OR OMISSIONS ON L6 23.42 N68.46'08'E
THIS EXHIBIT SHALL NOT AFFECT THE L7 27.03 N15.21'08'E
DEED DESCRIPTION. / L8 37.27 N37.41'00'E
L9 56.55 N14'29'33'E
LIO 56.14 N10.57'23'E
3/4" IRON PIPE Lll 28.19 N14.05'37'E
AT INTERSECTION OF L12 44.22 N19.53'23'E
LEGEND OAK AND 'A' STREETS
PROPERTY LINE TERRASURVEY, INC.
PROFESSIONAL LAND SURVEYORS
EASEMENT LINE
274 FOURTH STREET
STREET CENTERLINE ASHLAND. OREGON 97520
(541) 482-6474
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OR 89-11979 OFFICIAL RECORDS, JACKSON COUNTY, OREGON JOB No. Noa A2224-024-0et
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ADDENDUM TO
ASHLAND CHRISTIAN FELLOWSHIP
AGREEMENT FOR MAINTAINING EASEMENT
Addendum made this 3. 17, < 3 between the City of Ashland ("City") and
Ashland Christian Fellowship ("Grantor").
Recitals:
A. The City and Grantor enter into a "Ashland Christian Fellowship Agreement for Maintaining
Easement" (further referred to in this addendum as 'the Agreement").
B. The parties desire to amend the Agreement to account for an oversight in developing the
original Agreement wherein the parties failed to realize the need for the City to tie into the
Grantor's irrigation system in order to fulfill legal riparian requirements.
D. Grantor acknowledges the importance and value for the City to tie into Grantor's existing
irrigation system and agrees there is sufficient benefit as to waive the City's liability for tying into
the Grantor's irrigation system.
City and Grantor agree to amend the Agreement in the following manner.
1. Amend Section 10 to read as follows:
"10. Indemnification; Waiver of Subrogation and Liability.
10.01 To the extent permitted by the Tort Claims Act, the City will defend, indemnify and
save Grantor, its officers, employees and agents harmless from any and all losses,
claims, actions, costs, expenses, judgments, subrogations, or other damages resulting
from injury to any person (including injury resulting in death,) or damage (including loss
or destruction) to property, of whatsoever nature arising out of or incident to this lease or
the activities that take place on the Easement. City will not be held responsible for
damages caused by negligence of Grantor.
10.02 Grantor waives or otherwise holds harmless the City for injury or damage
(including loss or destruction) of Grantor's irrigation system resulting from negligence of
the City or its agents."
..2. Except as modified above the terms of the Agreement shall remain in full force and effect.
GRANTOR: CITY OF LAND:
BY
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this
Public-Private Easement Agreement as set forth above.
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3I 18 3
Mayor/Mayor's De " nee, City of Ashland Date