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HomeMy WebLinkAbout2005-201 Easement - Perrin Jackson County Official F~ecords 2005-056359 R-E Cnt=1 Stn=3 MORGANSg9/15/2005 01 :49:17 PM $20.00 $5.00 $11.00 Total:$36.00 111111 111111 I III 1111 II 11111111 01142327200500563590040044 I, K~thleen s. B.eckett, 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: Public Trail Easement Grantors: Alton M. Perrin and Patricicl C. Perrin Return Document to: 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 ("AWT A"), 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 set 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 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. 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. Merqer. 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, nlodification or change of terms of this easement shall bind either party unless in writing and signed by both parties. GR;;~~~ -~ ) .~". .,..--...; I / . "1 / - /. ~' .' \ ...... ' '7". -;':; . ..~......"c-J <.'.:.-. P-'L/t.'-4 "-E:-:..-. L ../ .-'<..'......... State of Oregon County of Jackson This instrument was acknowledged before me on (2-J1~~_j:__. 1 // }0 by f) Illl FL /71. err / I'L and f~LfY 1(.( "-' C. l)e j< FI'j"L 4- ~')~ ^- _,20M:' . OFFICIAL SEAL . '. SONJA N AKERMAN t } NOTARY PUBLIC - OREGON ...... ...... COMMISSION NO. 355829 '. ,,' MY COMMISSION EXPIRES APRIL 6.2006 ~,.,.",,,t, "'.~;-?;:~J~, ,~_> ~ ~ 1.') " - '/7 /'), '-'j' l }/[ "J~' 7 L . t{/0/?. V)~,.~,--/ Notary Pu ,r for Oregon My Commission expires: f- 6. {) k.> 2- TRAIL EASEMENT ~ A:\Trail easement V212004.doc EXHffiIT A 604 TAYLOR STREET LOT 5, BLOCK 2, STRATFORD-ON-A VON SUBDMSION PuBuc PEDESTRIAN ACCESS EASEMENT T. 39 S, R. 1 E, Sec. 16BA, TL 200 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 Southeast comer of the Stratford-on-Avon Subdivision in the City of Ashland, Jackson County, Oregon, according to the Official Plat thereof as now recorded; thenct~ along the easterly line of Lot 5 of Block 2 of said Subdivision, 1\rorth 000 14' 20" West, 10.45 feet to the Point of Beginning; thence North 270 07' 17" 'West, 23.76 feet; thence North 370 10' 52" West, 30.65 feet; thence North 480 55' 59" ~Vest, 59.34 feet; thence North 510 01' 04" West 30.86 feet; thence North 540 59' 27" \Vest 33.81 feet; thence North 620 00' 14" West, 11.25 feet to the Westerly line of said Lot 5, being the Point of Termination. December 2,2004 REGISTERED PROFESSIONAL LAND SURVEYO~..J A- I'-f . ~ MAP OF PUBLIC PEDESTRIAN ACCESS EAS]~MENT LOT ~57 BLOCK 27 STRATFORD-aN-AVON SUBDIVISION CITY OF ASHLAND, OREGON ) FOR ASHLAND WOODLAND 'TRAILS ASSOCIATION ~ / / I- lLJ lLJ g: (f) a:: a >= ~ \ \ \ \ --- ( -- / / LOT 16 SCALE: 1" = 30 PA TRICIA C. PERRIN AND AL TON M. PERRIN OR 92-15890 OFFICIAL RECORDS, JACKSON COUNTY, OREGON -118<. 00' " "> I~q "" . <"'..5" Jy ~ ~ ~~,r. " ~ ~.9' ~ ~ ?10 Lt<9' ,~ " 7"" ~ " ~ -t~/'. ~ ,p/', ~~~~~Z4- (5\, " ~ " ~ "- " "- "- ~" "-~ 0'''~~ '~~~ ~,,-" ~.. ~~~0"~ " "~ "- ~'~\>o. ~\\~ TERRASURVEY, INC..~~\ PROFESSIONAL LAND SURVEYORS \ ;~\ I 274 FOURTH STREET N27"07'17"W A -\ ASHLAND, OREGON 97520 23.76' / \ (541) 482-6474 terraln<<lrnlnd.net OR 92-15890 604 TAYLOR STREET LEGEND 'TAX L()T' 200 ---- PROPERTY UNE ----- EASEMENT --- CENTER OF EASEMENT r~-~R";;~1~~;--mo~ . PROFESSIONAL I LAND 8URVEYOR,J ;t ~. ," ~,~~ C;~~~---J OBEGaN JULY 25, 1seo , .... STUART M. OS M, UcS.c , t No. 2464 - ~"~'m"~ . ~~p;; ~:'.~ '"12. 3 t ' o. .. T 39 S, R 1 E, SEC 16BA, n 200 v\ BASIS OF BEARING: DA TE: DECEMBER 1, 2004 POINT OF BEGINNING PLA T OF STRA TFORD-ON-A VON SUBDIVISION