HomeMy WebLinkAbout2012-106 Easement - Green r Jackson County Official Records
1 R-E 2012-018096
Cnt=1 MORGANSS 06/07/2012 03:39:47 PM
$15.00$10.00$5.00$11.00$15.00 Total:$69.00
$3.00
Easement IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIVIII
After Recording Return To
and Recording Requested by: 1,Christine Walker,count ror,62012001'980960030033
y clerk
that the Instrument IdentifleE herein was recorded In the Clark oertiy
record.,
Barbara Christensen, City Recorder Christine Walker-County Clerk
20 E. Main Street
Ashland, OR 97520
PERMANENT BICYCLE AND PEDESTRIAN EASEMENT
FOR CITY OF ASHLAND AND AMENDMENT
I. Grant of Pfi ate,nmioe Easement. Douglas P. Green and Karen K. Green,
"Grantor", grant to the City of Ashland, Oregon, "Grantee", a perpetual non-exclusive easement
in gross to use, operate, inspect, repair, maintain and remove and replace a public pedestrian and
bicycle easement across, along and upon the real property described below and further referred
to in this easement agreement as the 'Basement Area". The Easement Area can be utilized for
pedestrian and bicycle access only.
The Easement Area is located in Jackson County, Oregon and is described as:
The easterly 10 feet of Parcel No. 2 of Partition Plat No. P-39-1999 of the Records of
Jackson County, Oregon; filed June 30, 1999, Index Volume 10, Page 39, County Survey No.
16191.
2. Non-Exclusive Use of the Easement. This easement is non-exclusive and Grantor
expressly reserves the right to use the Easement Area for all lawful purposes jointly and in
common with Grantee for the benefit of all or any portion of the Grantor's Property.
3. Maintenance. The Easement shall be maintained by a Homeowners Association
to be established for the Tolman Meadows Subdivision or Planned Community. The Malibar
Group LLC Retirement Plan ("Malibar"), the owner of Lot 4 of the Wildcreek Subdivision shall
be responsible for establishing such Homeowners Association and ensuring the assumption of
maintenance obligations by that Association. The parties to this Agreement agree that the
maintenance of the Easement shall be governed by this instrument in conjunction with the
maintenance obligations contained within Instrument No. 96-12488, recorded in the Jackson
County, Oregon Deed Records. The Tolman Meadows Association shall be responsible for the
removal of obstructions along with any vegetation which grows on the access way. It shall also
be responsible for sealing cracks which may develop, to keep the access way safe for pedestrians
and bicycles, but any replacement of the pavement shall be controlled by the terms of Instrument
No. 96-12488, as well as the repair of damage caused by an owner of Wildcreek Lots 1 — 3 or
their invitees and licensees.
4. Indemnification. Grantee, its successors, assigns, agents and invitees, shall
indemnify and hold Grantor, its successors, assigns, agents and invitees, harmless against any
claim for injury to person or property which occurs, or is alleged to have occurred, during the
Revised 03/06/12
course of a crossing of Grantor's land by any person, other than Grantor and grantor's successors
and assigns. This shall include any settlement,judgment and costs of defense, including legal
fees and disbursements.
5. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
6. Easement Use by Public. The parties to this Agreement intend that the use by the
public of the Easement shall be for recreational, pedestrian and bicycle access and any such use
shall be construed in observance of the policies and activities contemplated under ORS 105.672-
700.
7. Consideration. As partial consideration for this Easement, Malibar will execute a
document entitled"Termination of Easement", a copy of which is attached, which terminates the
Private Drive Easement created on the above Partition Plat, which Easement to be terminated is
situated within the Easement Area . This Permanent Bicycle and Pedestrian Easement is also
granted for other good and valuable consideration.
8. Attorney. In the event of a suit or action of any kind is brought to interpret,
enforce, and/or rescind any of the provisions in this Agreement, the parties agree that the
prevailing party in any such action or suit will be entitled to an award of reasonable attorney fees
and costs, both in the Trial Court and in connection with any Appellate proceeding.
GRANTORS:
DOUGLAS P. GREEN Date
AREN K. GREEN Ddte
MALIBAR GROUP, LLC RETIREMENT PLAN;
OWNER OF LOT 4 OF
W ILDCREEK�//SUBDIVISION:/
Q duA-JA ICE MAR IN, Trustee of the Malibar Date
Group, LLC Retirement Plan
GRANTEE:
CCCITY OF ASHLAN
By. 5x5 z
Date
Revised 03/06/12 'T as to form
U
STATE OF OREGON )
ss.
County of Jackson )
On this ) 4' day of 2012, personally appeared the above-
named Douglas P. Green and ac ow gqd the foregoing Permanent Bicycle and Pedestrian
Easement to be a voluntary act and ded4..8efore me:
OFFICIAL SEAL
JOAN CHRISTOPHER
NOTARY PUBLIC-OREGONary Public for Oregon
COMMISSION N0. 450965 //
MY COMMISSION EXPIRES SEPTEMBER 17,2014
PCommission Expires: 7 o?G/ T
ss.
County of Jackson )
On this day of 2012, personally appeared the above-
named Karen K. Green and acknowledg d Pe foregoing Permanen Bicycle and Pedestrian
and deed. efore me: <
_9FFICIAL SEAL
JOAN CHRISTOPHER �—
NOTARY PUBLIC-OREGON N t Public for Oregon
COMMISSION N0. 450965 r
MY COYIOSSION'EXPIRESSEPTEMBER 17,2014 My ommission Expires: /7 L/
STATE OF OREGON )
ss.
County of Jackson )
On this day of 2012, personally appeared the above-
named JANICE MARVIN, who being sw • , stated that he is a Trustee of the Malibar Group,
LLC Retirement Plan, an Oregon limited liability company, and that the foregoing instrument
was voluntarily signed on behalf of said limited liability company and by authority of its
FFICIAL SEAL
DAWN CALDWELL ����
NOTARY PUBLIC-OREGON
COMMISSION NO. 450567 Notary Public for Oregon
MY COMMISSION EXPIRES AUGUST 26,2014 / 1
My Commission Expires: f Co 1 I
STATE OF OREGON )
ss.
County of Jackson )
Qn this 95 day of 2012, personally appeared the above-named
-D A K�t11NLY for theC4ty of Ashland and ackno d ed the foregoing instrument
to be a voluntary act. Before me: Q Z
OFFICIAL SEAL Notary Public for Ore on
DIANA R SHIPLET My Commission Expires: �ONQ,iY�, GY o�� ,pZt7�7
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135
ReviS SION EXPIRES NOVEMBER 28,2014