HomeMy WebLinkAbout1993-133 MOU - SOSCMEMO]RANDUM OF UNDBRHTI~JDXNg AND BXCHI~(~E AgRBEMENT
DATE: January 10, 1993
PARTIES: State of Oregon acting by and through the State Board
of Higher .Education on behalf Of Southern Oregon State College
("College"), City of Ashland (~"City") including the City of
Ashland Parks Commission ("PaRs Commission"), William C. Cowger
and Karen D. Cowget ("Cowgers"i), Roderick J. Newton and Brooks D.
Newton ("Newtons") and Edward Reedand Christins Reed
RECITALS:
A. College is the owner of tax lot No. 300, Jackson County,
Oregon as depicted on the attached Exhibit "A"entitled "Proposed
Site Plan". (This property isZ further referred to in this
agreement as "the college pro~rty".)
B. Cowgets are the owners of ~ax lot No. 500, Jackson County,
Oregon as depicted on the attabhed Exhibit "A". (This property
is further referred to in thisi agreement as "the Cowger
property".)
C. City is the owner of property in 39S, RiE, S22, Jackson
County, Oregon, depicted on th~ attached Exhibit "A' as "Siskiyou
Mountain Park".
D. Newtons are the owners of ax lot NO. 600, Jackson County,
t , e eN
property". )
.E. Reeds are the owner tax lot No. 705, Jackson County, Oregon
as depicted on the attached Exhibit "A". (This property is
further referred to in this agreement as "the Reed property".)
F. Cowgers desire to acquire that portion of the college
property depicted on Exhibit "A" as "Parcel #1", as described on
the attached Exhibit B, to provide vehicle access to his
presently land-locked property, and is willing to exchange
property with the College to gain such access.
G. College is willing to convey parcel #1 to Cowgers on the
condition that Cowgets convey ~roperty of equivalent acreage,
that part of the Cowger property depicted on Exhibit "A" as
"Parcel #2", as described on the attached Exhibit C, and on
condition that the City grants to College authorization to use
Siskiyou Mountain Park for College educational purposes.
H. City desires to facilitate! this exchange in order to gain
access to Siskiyou Mountain Pa!!~and is willing to allow College
u t c r 1 d t
PAGE 1-MEMORANDUM OF UNDERSTANDING A/~D EXCHANGE AGREEMENT
I. Cowgets shall engage the s rvices of a licensed surveyor to
survey th. properti.s to be at cowgets' and e ons,
expense, to provide accurate d and property
s
descriptions.
The parties agree:
AG~Em(FaiT
1. Cowgets Obligations.
the closing date, Cowgets
1.1.1. Convey to College by warranty deed Parcel #2.
on the closing date, Parcel #2~shall be free and clear of all
liens and enc-mhrances, except~as provided in paragraph 10.
After the road described in paragraph 4.1 is constructed, a new
legal description for Parcel #2 shall be established by survey to
be equivalent in acreage to the new legal description of Parcel
#1 as set forth in paragraph 6.1.
1.1.2. Convey to college an easement appurtenant to
the College property over the roadway depicted in Exhibit "A"
through Parcel #1. This easement is for the purpose of providing
vehicular and pedestrian access to the College property. Nothing
contained in this easement shall be construed as providing for
the creation of a public way o~ for the allowance of parking on
the roadway.
roadway depicted in Exhibit o g
property. This easement is [or the purpose of providing
vehicular and pedestrian access to and from Siskiyou Mountain
Park for the College for transportation of personnel, students,
equipment and supplies as needed for study and research in those
portions of Siskiyou Mountain ~ark described in paragraph 5.1 and
for that portion of parcel #1 easterly of the roadway. Nothing
contained in this easement shall be construed as providing for
the creation of a public way or for the allowance of parking on
the roadway.
1.1.4. Convey to CoLlege an easement in Parcel #1
easterly of the roadway for th~ purpose of study and research by
College personnel and students~.
the closing date, Cowgets r to grant to City:
On
1.2.1. An easement Over the roadway depicted in
Exhibit "A" through Parcel #1 ~nd the Cowger property . This
easement is for the purpose ofi providing vehicular access to and
from Siskiyou Mountain Park fo~ the City and Parks Commission for
PAGE 2-MEMORANDUM OF UNDERSTANbING AND EXCHANGE AGREEMENT
and lands owned, controlled or~acquired in the future by the City
or Parks Commission adjacent tO such property. Nothing contained
in this easement shall be construed as providing for the creation
of a public way or. city street or for the allowance of parking on
the roadway or access for habi~able structures.
1.2.2. A pedestrianUeasement over the roadway depicted
on Exhibit "A" through Parcel~ ~d through that portion of the
Cowger property up to the sou r boundary of Parcel #2. This
easement is for the purpose oflproviding pedestrian access to and
from Siskiyou Mountain Park fo~ the public.
2. Newtons obligations. On t.~e closing date, Newtons agree to:
2.1. Easement to College~ Convey to College an easement in
property. n the purpose of providing
vehicular and pedestrian access to and from Siskiyou Mountain
Park for the College for the transportation of personnel,
students, equipment and supplies as needed for study and research
in those portions of Siskiyou ~ountain Park described in
paragraph 5.1. Nothing contained in this easement shall be
construed as providing for the creation of a public way or for
the allowance of parking on th~ roadway.
2.2. Basement to City. Convey to City an easement over the
roadway depicted in Exhibit "A~t through the Newton property.
This easement is for the purpose of providing vehicular access to
and from Siskiyou Mountain Park for the City and Parks Commission
for purpose of transportation of personnel, equipment and
supplies as needed in management and maintenance of Siskiyou
Mountain Park and lands owned, controlled or acquired in the
future by the City or Parks Commission adjacent to such property.
Nothing contained in this easement shall be construed as
providing for the creation of a public way or city street or for
the allowance of parking on the roadway or access for habitable
structures. :
2.3. Pedestrian easementi to City. Convey to City an
easement over a strip of land ten feet in width along the
westerly boundary of the Newton property from the termination of
the deeded public roadway to tae Siskiyou Mountain Park. This
easement is for the purpose of providing pedestrian access to and
from Siskiyou Mountain Park for the public.
3. Reed obligations. On the ulosing date, Reeds agree to:
3.1o Easement to College. Convey to College an easement in
gross over the roadway depicted in Exhibit "A" through the Reed
property. This easement is fur the purpose of providing
vehicular and pedestrian access to and from Siskiyou Mountain
PAGE 3-MEMORANDUM OF UNDERSTANDING AND EXCHANGE AGREEMENT
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Park for the College for the transportation of personnel,
students, equipment and supplies as needed for study and research
in those portions of siskiyou ~ountain Park described in
paragraph 5.1. Nothing contained in this easement shall be
construed as providing for the creation of a public way or for
the allowance of parking on th~ roadway.
3.2. =asement to City. Convey to City an easement over the
roadway depicted in EXhibit "A" through the Reed property. This
easement is for the purpose of providing vehicular access to and
from Siskiyou Mountain Park f~r the City and Parks Commission for
the purpose of transportation Of personnel, equipment and
supplies as needed in management and maintenance of Siskiyou
Mountain Park and lands owned,. controlled or acquired in the
future by the City or Parks Co~mission adjacent to such property.
Nothing contained in this eas~_ent shall be construed as
providing for the creation of a public way or city street or for
the allowance of parking on the roadway or access for habitable
structures.
3.3. Tempotax7 easement ~o Cowgets and Newtons. convey to
Cowgets and Newtons a tempera easement over the roadway
depicted in Exhibit "A" throu the Reed property. This
shall terminate on December 31i, 1994.
3.4. Explicit understanding. All parties acknowledge that
there shall be nothing in this! agreement interpreted to mean that
anyone other than the College,! City or Newtons shall have the
right to use the roadway on t~e Reed property.
4. Cowgets and Ne~ons obliga~ions for road construction and
maintenanoe and other costs. '
4.1. Road construction. Within 120 days of closing date
and subject to the approval of! the lot line adjustment by Jackson
County, Cowgets and Newtons sh~ll construct a road from
Timberland Terrace to the SisEiyou Mountain Park not less than 16
feet in width nor greater tha~ 24 feet in width in the
approximate location as depicted on EXhibit A. The roadway shall
be constructed to the standard known as Jackson County Standard E
as contained in the Jackson County Land Development Ordinance,
S25.060, which is the minimum requirements for private roads.
4.2. Road maintenance. i Except as provided in paragraph
6.5, Cowgets and Newtons shall' perform normal maintenance work
(meaning that type of work necessary to repair and maintain a
road, its grade and drainage structures and to keep them in a
good usable condition)~ unusual maintenance work (meaning that
type of work necessary to correct major damage to the roadbed,
running surfaces, ditches, cuti or fill slopes which is not
attributable to road use, suc~ as a landslide, and which may
require the use of special eq~ t to correct) and periodic
~ pmen
PAGE 4-MEMORANDUM OF UNDERSTANDING AND EXCHANGE AGREEMENT
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maintenance work (meaning that type of work necessary to correct
a condition which has resulte~ from road usage or has developed
over a period of years, in order to provide adequate safety,
prevent substantial damage to the road structure and to replace
road surfacing-examples are re, surfacing and roadside brush
control) on that part of the roadway from Timberline Terrace
through Parcel #1, the Cowget ~roperty, the Reed property and up
to the driveway to any residence constructed in the Newton
property. Should there be no ~riveway or residence on the Newton
property, Cowgets and Newtons ~hall perform maintenance on the
roadway up to a point not more= than 534 feet from the Siskiyou
Mountain Park.
4.3. O~her costs. The costs Of title reports, surveys,
closing, recording feeS, appli~ation fees, lot line adjustment
approval fees and escrow fees ~ecessary to complete the
transactions specified in this! agreement shall be paid by Cowgets
and Newtons.
4.4. Limiting access. O~her than the access to College and
City as specified in this agreement, Newtons and Cowgers agree to
limit access on the roadway to~ ingress and egress to only parcels
zoned woodland Resource.
4.5. Preserving Natural Vegetation and Terrain. Cowgers
and Newtons agree to take all reasonable means to-ensure that the
roadway siting and construction do not Jeopardize the natural
vegetation and terrain on adjacent properties, acknowledging that
both City and College are desirous of preserving their respective
properties in a natural state in accordance with their current
land use plans.
4.6. Public Meetings~Fol~.wgers and Newtons agree to appear
c g t c
5. City obligations.
5.1. lassmeat to College. On the closing date, City shall
convey to College an easement Ln 40 acres of the Siskiyou
Mountain Park for the purpose I)f study and research by College
personnel and students. ~
5.2. Road maintenance. City shall perform normal, unusual
and periodic maintenance work ~s those terms are defined in
paragraph 4.2 on that part of he roadway from Siskiyou Mountain
Park northerly to the end of ~intenance by Cowgers and Newtons
as described in paragraph 4.2.' In addition, at times when the
city shall use the road for he vy uses, such as logging, hauling,
and construction, the city 2~a~ybe responsible to perform road
maintenance on the entire r affected by such heavy uses.
PAGE 5-MEMORANDUM OF UNDERSTATING AND EXCHANGE AGREEMENT
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5.3. Signs. City shall erect and maintain such signs as
deemed necessary to indicate t~e route for pedestrians and to
indicate no public traffic on the depicted roadway.
College obligations.
6.1. Conveyanoe to Cowgets. On the closing date, College
agrees to convey to Cowgers by statutory bargain and sale deed
Parcel #1. On the closing date, Parcel #1 shall be free and
clear of all liens and encumbrances, except as provided in
paragraph 10. Upon completion of the road described in paragraph
4.1, a new legal description of parcel #1 shall be established by
survey to reflect a westerly boundary that will cause parcel #1
to include no more property than is necessary for the road as
constructed. The parties agree to execute and record such
documents as may be necessary to effect this change in
description. Cowgers and NewtOns shall pay all costs of the
survey, document preparation ahd recording of all documents.
6.2. Slope easement to Cowgets. On the closing date,
College agrees to convey to Cowgets an easement to construct,
maintain, repair and have free access to slopes and fills for
road purposes, upon a strip of land which shall average not more
than ten feet in width along the westerly boundary of parcel #1.
6.3. Pedestrian easement~ to City. On the closing date,
College will convey to City an easement over a strip of land 12
feet in width along the southeWly boundary of parcel #2. This
easement is for the purpose of! providing a vegetation buffer
between Parcel #2 and the Cowger property and pedestrian access
to and from Siskiyou Mountain Park for the public. At such time
as City shall clear or construct a pathway through the easement,
it shall be constructed not more than three feet in width, where
practicable, and along the northerly boundary of the easement so
far as is practicable.
6.4. Application for lo~ line adjustment. Upon the
execution of this agreement b~ all parties, College shall sign an
application for lot line adjustment approval from Jackson County
when requested by Cowgets. =
6.S. Road maintenance. Notwithstanding paragraph 4.2,
6.5.1. Nothing in t~is section is intended to require
the college to be responsible for road maintenance so long
as the road is in any use intended by this agreement,
including e
maintenance and admini i ~ ~c property for
fire prevention and contr~l.
6.5.2. If the uses pf the road contemplated by this
agreement are changed through commercial or residential
development or sale by th~ college for non-educational uses,
such change in use shall require signature of a roadway
PAGE 6-MEMORANDUM OF UNDERSTANDING AND EXCHANGE AGREEMENT
· :~.~ ~
maintenance agreement for the purposes of sharing costs
among the owner(s) of Tax Lot 300, their successors,
assigns, and future ownerS; and the owners of Tax Lots 500
and 600, their successorsi, assigns, and future owners. Such
agreements shall be signe~ by the parties using the roadway,
on that portion of the roadway that is used to construct or
access one or more structures located on Tax Lot 300.
7. Road Use Rules. Each party shall refrain from use of the
roads located on the lands of the other, wherever such use would,
because of weather or ground conditions, damage the surface or
subgrades of the road and whenever such use would involve an
unnecessary hazard or risk of a fire to the other's properties.
When such conditions exist, either party may temporarily suspend
the right of the other to use the roads over its property by
giving written notice to the road user. Any such suspension must
be reasonable under the circ-m~tances then and there existing.
7.1. The parties may impose such reasonable road use rules
or regulations on road segmentS on their respectively owned lands
as are reasonably necessary to provide safe traffic conditions,
to prevent excessive damage t~ roads and in general to protect
the property of the land owner.
7.2. Each party shall retain the right to maintain locked
gates or block the roadway by ~ther means on roads located on its
lands in order to limit the us~ of the roads for the purposes
unreasonably interfere with e
any locks shall be furnished tjo the other party on request.
8. Taxes. Real property tax.~s on parcels #1 and #2 shall be
prorated as of the closing data and paid by the conveying owners.
9. Possession. Possession of. Parcel #1 shall be delivered to
h n 'c i
e o
10. Title insurance and preliminaz7 title reports.
10.1. Preliminar~ title sport. Within 10 days of the
execution of this agreement bTall parties, Cowgers shall furnish
to College and College shall furnish to Cowgers a preliminary
title report showing the condition of title to the Cowgers
property and the College property, respectively, together with
copies of all listed exceptions. Cowgets and Newtons shall pay
for both title reports. Cowgets and College shall have 20 days
from receipt of the title report to review it and to notify each
other, in writing, of any disapproval of any exceptions shown in
the title report. Those exceptions not objected to by either
Cowgers or eollege are referred to below as the "permitted
exceptions." Zoning ordinances, building restrictions, taxes due
and payable for the current t~x year, and reservations in federal
PAGE 7-MEMORANDUM OF UNDERSTANDING AND EXCHANGE AGREEMENT
patents and state deeds shall be deemed permitted exceptions. If
either party notifies the othe of disapproval of any exceptions,
the other party shall have 15 ~ays after receiving the
disapproval notice to either remove the exceptions or provide
reasonable assurances of the m nner in which the exceptions will
be removed before the transactSon closes. If the exceptions are
not removed or assurances are not provided, the party which
objected may terminate this agreement by written notice to all
parties to this agreement given within 15 days after expiration
of such 15-day period. If such notice is given this agreement
shall be null and void.
10.2. Title insurance. On the closing date, Cowgets and
College shall each furnish to the other an owner's policy of
title insurance in usual form ~n the amount of the value of the
the subject only to the usual
conveyed is vested in e
printed exceptions appearing in owners' policies of title
insurance and the permitted exceptions described in the above
paragraph. Cowgets and Newtons shall bear the cost of both title
insurance policies.
10.3. OtheE preliminary ~itle reports. In addition Cowgets
and Newtons shall order and pa~ for preliminary title reports on
the Newton and Reed properties: for review and approval for
condition of the title by Cityiand College. Notice of the
approval or disapproval shall be given in the same manner as
provided in paragraph 10.1.
11. Closing date. The exchan e of property shall be closed
within 90 days from the date oF this agreement (the closing date)
of property lines. The closin~ shall be in escrow.
12. !!utual indemnifications. i Each party (the indemnifying
party) shall defend and indemn! fy the other parties, their
officers, agents, and employee~ (the indemnified parties), from
any and all claims, actions, c' sts, judgments, damages or other
expenses resulting from injuryPto any person (including injury
resulting in death,) or damage to real or tangible personal
property (including loss or destruction), caused by the
negligence or other tortious acts of the indemnifying party
(including, but not limited to, acts and omissions of the
indemnifying party's officers, employees, agents, contractors,
and subcontractors). The obligations stated in this paragraph
shall be subject to the following conditions:
12.1. The indemnifying p~rty shall be notified in writing
of any claim promptly afar the indemnified party becomes
aware of it;
12.2. The indemnifying party has sole control of the
PAGE 8-MEMORANDUM OF UNDERSTrING AND EXCHANGE AGREEMENT
defense of such claim and of all negotiations for its
settlement or compromise; and
12.3. The indemnified party gives the indemnifying party
information reasonably a~ailable and assistance necessary to
facilitate the settlement or defense of such claim and, to
the extent permitted by law, the indemnified party makes any
defenses available to it available to the indemnifying
party.
The indemnifying party's indemnity obligation under this
paragraph shall be reduced to the extent by which the liability,
damage, or expense results fro~ the negligence or other tortious
acts of the indemnified party, the indemnifying party's officers,
employees, or agents, or a third party.
city's and College's duty to ~efend and indemnify any party is
limited by the Oregon ConstitUtion, Article XI, Section 7,
applicable statutes, the city charter, and by the Oregon Tort
Claims Act.
CITY OF ASHLAND
Titl
STATE OF OREGON, STATE BOARD O~ HIGHER EDUCATION
SOUTHERN OREGON STATE COLLEGE
By ~of~
Title Dean of Administrati n and!Finance
WILLIAM C. COWGER AND KAR WGER
RODERICK J. NEWTON AND BROOKS .D. NEWTON
PAGE 9-MEMORANDUM OF .UNDERSTANDING AND EXCHANGE AGREEMENT
~:"~'~
EDWARD REED AND CHRISTINE REED
State of Oregon
County of Jackson
State of Oregon
County of Jackson
This instrument was acknowledged before me on March 5 ,
199 3, by Ronald S. Bolstad i as Dean of Administration and Finance
Of the State of Oregon, State ~oard of Higher Education, Southern
Oregon State College, Ashland,i Oregon.
My Commisi ion expires: July 16, 1996
State of Oregon
County of Jackson
~e~ore me on .~Z:~ ~,~.- a ~ ,
This instrument was acknowledged
199~L, by William C. Cowget a~d Karen D. Cowger.
OFRCIAL SEAL
PATRICIA GRAY
NOTARY PUBLIC - OREGON
COMMISSION NO.015970
MY COMMI~ION EXBRES JUNE 2'/, 1996
My commis~
PAGE 10-MEMORANDUM OF UNDERSTrING AND EXCHANGE AGREEMENT
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State of Oregon
County of Jackson
This instrument was acknowleda~~
199~1_, by Roderick J. Newton
before me on P~T_~/~6~' ~ / ,
Brooks D. Newton.
Notary Public for Oregon
My commiss~on expires:
GE L.R HALL
NI3TARY PUBLIC - OREGON
State of Oregon
County of Jackson
This instrument was acknowledgld before me on
199__~ by Edward Reed and Chri~tine Reed.
Notary Pu~
My commiss
~io for Oregon
~on expires:
NOTARY PUBLIC - OREGON
PAGE 11-MEMORANDUM OF UNDERSTTDING AND EXCHANGE AGREEMENT
BXIHBrI~ B
OSSHE Property to be conveyed to William C. and Kare~ Cowget
The following property is depicted on Exhibit "A" as "Parcel #1 ".
Beginning at a 5/8 inch diameter steel pin marking th Southwest one-sixteenth ceraer of Section 15,
:::::' ::
1 22'51" West 19.00 feet; thence along the arc of a 28~00 foot radius curve to the right, be'rag concave
to the Southeast and having a long chord which bears North 28 18'13" East 27.73 feet, a distance of
29.01 feet; thence North 57 09'17" East 21.95 feet; th~ along the arc of a 12.00 foot radius curve to
78 34'46" West 111.32 feet; thence along the arc of a 54.00 foot radius curve to the right, be'rag concave
to the Northeast and having a long chord which bears North 70 37'11" West 16.06 feet, a distance of
16.11 feet; thence North 62 39'36" West 55.73 feet; ~ance along the arc of a 28.00 foot radius curve
to the right, being concave to the East and having a Ion chord which bears North 8 49'56" West 45.21
feet, a distance of 52.61 feet; thence North 44 59'44tjgEast 91.22 feet; thence North 49 31'44" East
116.81 feet; thence along the arc of a 112.00 foot radius curve to the left, being concave to the Northwest
and having a long chord which bears North 22 28'42" F_jast 101.87 feet, a distance of 105.76 feet; thence
North 4 34'20" West 64.11 feet; thence along the arc of a 38.00 foot radius curve to the right, being
concave to the Southeast and having a long chord wllich bears North 33 30'21" East 46.87 feet, a
distance of 50.51 feet to a point on the East line of said Northwest quarter of Section 15; thence South
0 02'39" East, 662.38 feet to the point of beginning.
MEMORANDUM OF UNDERSTANDING AND EXCHANGE AGREEMENT
COWGER Property to be ¢~nveyed to OSSHE
The following property is depicted on Exhibit "A" as "parcel//2".
Commencing at a 5/8 inch diameter steel pin marking the Southwest one-sixteenth corner of Section 15,
Township 39 South, Range 1 East of the Willamette Meridian, lackson County, Oregon; thence North
89 43'09" West, along the South line of the Northwest quarter of Section 15, 98.91 feet to the TRUE
POINT OF BEGINNING of the herein described parce; thence North 89 43'09" West, along the South
line of the Northwest quarter of Section 15, 561.09 feet;', thence South 0 02'39" East, along the West line
of that tract of land described in Volume 80, Page 414, peed Records for said County and State, 199.562
feet; thence North 75 03'00" East 581.75 feet; thence North 1 22'51" West 44S.75 feet to the TRUE
POINT OF BEGINNING.
MEMORANDUM OF UNDERSTANDING AND EXt~-IANGE AGREEMENT