HomeMy WebLinkAbout2012-264 Easement - Voeller 'e Jackson County Official Records 2012-034923
R-E 10/15/2012 03:01:00 PM
Cnt=1 HELMANCD
$20.00 $10.00 $5.00 $1`1.00 $15.00 Total:$64.00
$3.00
Estelle H. Weller, Grantor (IIIIIII II VIII 015505302012
3784 Coleman Creek Road I, Christine Walker, County Clerk for Jackson County, Oregon, cortlfy
that the Instrument Identified herein was recorded In the Clark
Medford OR 97501 record
e Christine Walker- County Clerk
City of Ashland, Grantee
20 E. Main Street
Ashland, OR 97520
After Recording Return To;
Barbara Christensen, City Recorder
20 E. Main Street
Ashland, OR 97520
PERMANENT BICYCLE AND PEDESTRIAN EASEMENT
FOR CITY OF ASHLAND
1. Grant of Easement. The above named Grantor grants 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
"Easement 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 25 foot wide mutual private access and public utility easement dedicated on the Plat
for Wildcreek Subdivision recorded April 19, 1996 in Volume 21 of the Plats at Page 18 of the
Records of Jackson County, Oregon, and depicted on the Wildcreek Subdivision Plat Map as
"Private Access Easement".
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. In addition,
the owners of Lots 1 and 2 in the Wildcreek Subdivision have a pre-existing private access
easement, and such owners have a right to use the Easement Area for vehicular ingress and
egress as well as utility access in the Easement Area jointly and in common with Grantee.
3. Maintenance. The Easement shall be maintained by a Homeowners Association
to be established for the Tolman Meadows Subdivision or Planned Community. 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-
Revised 2/28/12
f ,
' J
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 Wildereek 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
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.
GRANTOR:
~QZ TJ7~o e Ger U 3-S /Z
ESTELLE H. VOELLER Date
MALIBAR GROUP, LLC RETIREMENT PLAN;
OWNER OF LOT 4 OF
WILDCREEDIVIS/ION:
R T Y e of the Malibar Date
Grou , LLC Retirement Plan
GRANTEE:
CITY OF ASHLAND
By: 1 3 f I
DAVE KANNE , ity Administrator Date
Revised 2/28/12
r ov a f~
,
STATE OF OREGON )
ss.
County of Jackson )
On this ~J day of MAY-e~-Jj 2012, personally appeared the above-
named ESTELLE H. WELLER and acknowledged the foregoing Permanent Bicycle and
Pedestrian Easement to be her voluntary act and deed.
Before me:
C-r.Lj-w zl,(
Notary Public for Oregon
STATE OF OREGON ) L
OFFICIAL SEAL
) ss. DAWN CALDWELL
County of Jackson ) NOTARY PUBLIC-OREGON
COMMISSION NO. 450687
MY CDMYLS. iaEC.eiinl-&T 20, 2614
On this 5 day of Gvr-G~ 1 , personally -appbove-
named ROY MARVIN, who being sworn, 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 Operating
Agreement.
Before me:
~llt-,jam G~Ld~~f
Notary Public for Oregon
OFFICIAL SEAL
DAWN CALDWELL
NOTARY PUBLIC-OREGON
COMMISSI-,,x NO. 450567
MY COMMISSION EXF nUGUST'20, 2014
Revised 2/28/12 /
STATE OF OREGON )
ss.
County of Jackson )
~ Mardt
On this day of ,-teary, 2012, personally appeared the above-named Dave Kanner,
City Administrator for the City of Ashland, and acknowledged the foregoing instrument to be a
voluntary act.
Before me:
Notary Public for Oregon
OFFICIAL SEAL
DIANA R SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 454135
MYCOMMISSION EXPIRES NOVEMBER 28, 2014
Revised 2/28/12