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Home My WebLink About2005-200 Easement - Sneider Jackson County Official F~ecords 2005-056358 R-E Cnt=1 Stn=3 MORGANS99/15/2005 01 :49:17 PM $25.00 $5.00 $11.00 Total:$41.00 11111111111 1111111111111 01142324200500563580050055 I, Kathleen S. Beckett. County Clerk for Jackson County. Oregon, certify that the instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk ---- ----------- -- ----_.~---_.--_. ---- Name of Transaction: Grantors: Return Document to: Public Trail Easement Jan Sneider/Brown for J. L. Sneider/Brown Living Trust & Byron Brown Jr. Family Trust Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $1.00 and other good and valuable consideration 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 sejt forth in th is 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. City acknowledges that there is an existing fence within the easement area, as depicted in attached Exhibit B, that may remain at the prE!Sent, but eventually may need to be moved. In the event the fence needs to be moved, City agrees, at its labor and expense, to relocate or remove and rebuild the fence with similar materials and construction to a location adjacent and parallel to the easement acceptable to Grantor. 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. 1- TRAIL EASEMENT A\easement - trail 2004(e)[isting fence).doc 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. Meraer. 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 agreem1ent. No waiver, consent, modification or change of terms of this easement shall bind leither party unless in writing and signed by both parties. State of Oregon County of Jackson This instrument was acknowledged before me on ..llJ. \\ ~I .~ GRANTORS: //"'\ ~.'/ .~ . (iA- --/ i .. ~ ./-v7.J~--- ~h$"l:~~ -~ .~~~ Uof-~~/t-.~ J Y/L-U-~ _' 200.J,S by A?\\ \ M. L_LA ~C\ Sand ,-\r\l\ .' lL(YCW Nota Public for Oregon My Commission expires: ~~ C{ . "2C)oq . OFFICIAL SEAl APRIL M. LUCAS NOTARY PUBUC-oREGON COMMISSION NO. 318338 MY COMMISSION EXPIRES JAN. 09, 2008 2- TRAIL EASEMENT (f A\easement - trail 2004(existing fence).doc MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENT LOT 9, BLOCK~ 1, WELLER LANE SUB,DIVISION, PHASE II CIr-ry OF ASHLAND, OREGON FOR ASHLAND WOODLAND TRAILS ASSOCIATION \ \ \ POINT OF BEGINNING ---- S22.01'12"E 1.34' ,,~ ______ ~..... --- '\ '\ ' , \ \~ SNEIDER/BROWN J.L LIVING TRUST & "~ BYRON BROWN JR. FAMIL Y TRUST ~~~\7~ ., ~ ~ \~, 0'" OR 88- 02211 \ ~\~~ ~ \ \~\~ . . \ \~\. \ '\<\ ~ ~CEXJsnNG FENCE ~~ \ ~~. \\ '0''> \\~~ ~\~~ \\~9 \\~~ " ' , , , - - - - lJJ < ~ -J ------ ------ - - --- CENTER OF EASEMENT f I \ SCALE: 1"= 30 LOT 9 LEGEND ---- PROPERTY UNE ----- EASEMENT . BASIS Of BEA~/NG: PLA T OF. WELLER LANE SUBDIVISION, PHASE 1/ ::;wat._ ~-.~~~<. R F,: G I $ T E R 'f D "\ -PR~DFESSIONAL I LA.ND SURVEYOR' i A. 1\-.. ~ ~,~ c; OREGON JuLY 25. 199",) ... . s1'UART. ,M. OSMUS , . ~Jo. 2464 ~..., ~!f~ ~~, OR 88-02211 OFFICIAL RECORDS, JACKSON COUNT'(, OREGON DA TE: JANUARY 13, 2005 T 39 5, R 1 E, SEC 16AB, TL 2116 f!J TERRASUJRVEY., INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (54]) 482-6474 terrainllrnind.net NOTE: EASEMENT FOR IRRIGA nON DITCH AS SHOWN ON PLAT OF -. WELLER LANE SUBDIVISION, PHASE II, IS NOT SHOWN FOR CLARITY. '" MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENT LOT 9, BLOCK 1, WELLER LANE SUBDIVISION, PHASE I I CI~rY OF ASHLAND, OREGON FOR ASHLAND WOODLAND TRAILS ASSOCIATION \ \ POINT OF BEGINNING -- ------- -- -- ------- S22.01 '12"E 1.34' ,,~, __ _______ ':::\ \ \ \ \ \ \ \\1') \ \~ \\~\~ ~\ \~ . \ \,;. \ ~\ \0' w\ \' \ \\~\~ \ \ \ \\\\ ~. \ \ \ \~ ~ \ ~~ ~w \ \ \~<J' \ \ .~, \ \ \ ~ ~~\ ~, ' \ \J'I \~' ~. \ \ ,~~. \ '. ~ \' ,\~O" ~\:\ ~ '\ \ \ \~\ 't \'0: \ ~ \ \\~b \\ ~''>~? \ \ 1.5'.6'.. \ \ ~ \ \ ,". \ \\ \ \ \ , -- -- Lu 2: ~ I -..J I Q:: Lu SCALE: 1"= 30 -..J -..J ~ SNEIDER/BROWN J.L. LIVING TRUST & BYRON BROWN JR. FAMIL Y TRUST OR 88-02211 'C.AX L..crr 21 ] G ~ - LOT 9 LEGEND PROPERTY UNE ---- EASEMENT ----- CENTER OF EASEMENT --- 5 . ""1 ' I~ E GIS T ! Reo PROFESSIONAL . LA.ND SURVEYOR i l~ ~. ,,_ G-.. OREGON JULY 2&. 1 e~ 'STUART M. OSMUS. No. 2464 . ~k~ OFFICIAL RECORDS. JACKSON COUNTY, OREGON OR 88- 02211 / / DA TE: JANUARY 13, 2005 BASIS OF BEARING: PLA T OF WELLER LANE SUBDIVISION, PHASE /I ~ TERRASUJRVEY, INC. PROFESSIONAL LAND SURVEYORS NOTE: EASEMENT FOR IRRIGA nON DITCH AS SHO'MV ON PLA T OF WELLER LANE SUBDIVISION, PHASE II. 1$ NOT SHO'MV FOR CLARITY. 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 teITajn~nind. net v\ T 39 $, R 1 E, SEC 16A8, TL 2116 LOT 9, BLOCK 1, WELLER LANE SUBDIVISION, PHASE 2 PUBLIC PEDESTRIAN ACCESS EASEMENT T. 39 S, R. 1 E., Sec. 16 AB, TL 2116 A strip of land being 5.00 feet in width and lying 2.50 feet on each side of the following described centerline: Commencing at the North One Quarter Comer of Section Sixteen, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 000 12' 04" East, 561.00 feet to the Northwest Comer of Weller Lane Subdivision, Phase 2 according to the Official Plat thereof as now recorded; thence South 120 32' 16" East, 166.05 feet to a point on the northerly line of Lot 9 of said Weller Lane Subdivision, Phase 2, being the Point of Beginning; thence South 220 01' 12" East, 1.34 feet; thence South 230 47' 45" East, 45.67 feet; thence South 26044' 54" East, 34.23 feet; thence South 310 34' 16" East, 51.66 feet; thence South 37005' 16" East, 35.15 feet to the southeasterly line of:;aid Lot 9, being the Point of termination. January 13, 2005 REGISTERED ~ PROFESSIONj~. LAND SURVEYOR '^ ~ C-.. OREGON J .JULY 25. '990 STUART M. OSMUEi No. 2484- &pJr_ t.. ,~ ~