HomeMy WebLinkAbout2005-202 Easement - Keevil
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Jackson County Official Records 2005-056360
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Cnt=1 Stn=3 MO RGANSg9/15/2005 01 :49: 17 PM
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01142329200500563600040040
I, K~thleen s. B.eckett, Cou.nty C.I~rk for Jackson County, Oregon,
~ec~~~~at the Instrument Identified herein was recorded in the Clerk
Kathleen S. Beckett - County Clerk
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Name of Transaction:
Public Trail Easement
Grantors:
Thomas A. Keevil and Jean A. Keevil
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
this 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 easemHnt 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, providHd 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 sign age, 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 Dr 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 agreement. No
waiver, consent, rnodification or change of terms of this easement shall bind either party
unless in writing and signed by both parties.
GRANTORS:
~.~/lf
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State of Oregon
County of Jackson
This instrument was acknowledged before me on
by lhfJrvt/4.S IIltttv/j and Jib ~fLJ .
_ I1t du~<.0
Notary Public for Oregon j ~ L
My Commission expires: ~/~ ifp;S-
_' 2004,
\;~ . OFFICIAL SEAL
'1'6 BARBARA M. CHRISTENSEN
,I. ~ NOTARY PUBLlC-OREGON
tJ, " COMMISSION NO. 346236
'~) MY COMMISSION E~~ES AUG. 24, 2005
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2- TRAIL EASEMENT
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A:\Trail easement V2 12004.doc
EXHIBIT A
600 FOREST STREET
PUBLIC PEDESTRIAN ACCESS EASEMENT
T. 39 S, R. 1 E., Sec. 16 AB, TL 2001
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 North 890 59' 45"
East, 330.59 fee:t; thence South 000 05' 52" East, 1,082.43 feet to a point on the East line
of the parcel described in Document Number 80-14151, being the Point of Beginning;
thence North 650 40' 17" East, 10.74 feet; thence North 79043' 05" East, 12.511eet;
thence South 87'0 29' 44" East, 25.15 feet; thence South 760 03' 08" East, 22.07 fi~et;
thence South 810 45' 46" East, 15.09 feet; thence North 800 20' 46" East, 10.66 fi~et;
thence North 56 013' 33" East, 29.84 feet; thence North 670 20' 24" East, 30.52 fi~et;
thence North 890 50' 12" East, 15.54 feet to a point on the East line of said parcel
described in Document Number 80-14151, being the Point of Termination.
December 8, 2004
REGISTEAED 1
PROFESSIONAL'
LAND SURVEYOR i
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MAP OF
PUE~LIC PEDESTRIAN ACCESS EASEME1"-r'l--'
PARCEL O'WNED BY THOMAS AND JEAN KEE\lIL
CITY OF ASHLAND, OREGON
I FOR
I
I ASHLAND WOODLAND TRAILS ASSOCIATION
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i:\ L.ZIT .~\.
THOMAS & JEAN KEEVIL
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POINT ~ :~:,:1
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OR 80-14151
6010 FOREST STREET
SCALE: 1"= 60
DA TE: DECEMBER 8, 2004
~ -N89.S0'12"E
.,~"~ /'/ 15.54'
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LEGEND
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EASEMENT
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CENTER OF EASEMENT
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OR 80-14151 OFFICIAL RECORDS,
JACKSON COUNTY, OREGON
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TERRASUR~VEY, INC.
PROFESSIONAL LA^'D SURVEYORS
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274 FOURTH STRl::.'f.'T
J- ASHLAND, OREGON 97520
(541) 482-64 i' 4
terra in 11m ind. net
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BASIS OF BEARING: L\
PLA T OF WELLER LANE SUBDIVISION, PHASE 11
T 39 S, R 1 E, SEC 16AB, TL 2001