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HomeMy WebLinkAbout2005-204 Easement - Johnson - Jackson County Official F!ecords 2005-056362 R.E Cnt=1 Stn=3 MORGANS~9/15/2005 01 :49:17 PM $20.00 $5.00 $11.00 Total:$36.00 II III I II I II 01142333200500563620040040 I, Kathleen S. Beckett, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk rec ords. Kathleen S. Beckett - County Clerk Name of Transaction: Public Trail Easement Grantors: Oscar V. and Gail K. JohnslDn 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 ("AWTA"), working cooperatively with the City and the Ashland Parks and Recreation Commission ("Commission") 1[0 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 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, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. State of Oregon County of Jackson This instrument was acknowledged before me on cJ4-IIf)~ 10 bY~ ~~ and O~~~ . ~~~~ Notary Public for Oregon . I My Commission expires: ~~S- ~ ..2oE "- .. ~ OFFICIAL SEAL 01im BARBARA M, CHRISTENSEN !j~ t NOTARY PUBLIC-OREGON (u... COMMISSION NO. 346236 ~) MY CQf!r1~I.S.~I.9N EXPIRES AUG. 24, 2005 2- TRAIL EASEMENT f)- A:\Trail easement V2 12004.doc MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENT LOT 7 & LOT 9, BLOCK 1, STRATFORD-ON-A VaN SUl3DIVISION CIT'Y OF ASHLAND, OREGON LOT 7 CENTER OF EASEMENT FOR ASHLANI) WOODLAND TRAILS ASSOCIATION ~ _ _ / LEGEND ---- PROPERTY UNE - - - - - EASEMENT OR 75-15471 OFFICIAL RECORDS, JACKSON COUNTY, OREGON SCALE: 1 "= 30 DA TE: JANUARY 11, 2005 $/ ~/ 7/ ~ " .\... ~/ ff/ t "" "" ~ LOT 9 "" "" ~ GAIL K. JOHNSON OSCAR V. JOHNSON OR 75-15471 "" >- ~ ~ ~ o -J "" BASIS OF BEARING: PLA T OF STR~ WORD-ON-AVON SUBDIV7S1ON '",- " "'- 1-'s.)'. "'- "'" ........ ... 0>.. . "'- "'-... "- ,r.9 .. ::-...."",- ~ s,r::-....~ "- . .96' .. ",-""" "'- "-,,,,- <~~ ~~ "" ~ ,,1-'s>. "~~<9~>.. 7' 6'>-- ,," "'" ~.>~ ~ "". " :;>" " '-.. ~ NJ6.08'J6.W " ......... "i~ ~ 1:"0>.3.90' \\ '" ~~""'?.s. J 1 " V?"'~\9.. I 'v.~ ,,~/ "~"" / \ ~~\ r " ... _ ~ / \\\ I ---- / \\\ / // \\\- I ............//> \.....~ --=- - -L - .- - ~ / ~ ~ y::...- - - ---------- - 611 LONG WAY '-r j\X LO"I' 1 18 / / ( I \ ~. J~,"1\IJIf3Jf~~~~/. I REGISTERED , I PROFE.,SSION., A.,L ~ LAND SURVEYOR ~ A- ~. z::: _,_,,.J c;;:) R E~G01"J -, JULY 2/), H}8I:D ~ STUART.. M. 0, S. MU",S, ~ No. 24Co4 jlfll"1 bq:i:,~)~7ii'k;:-- , I 274 FOURTH STREET ASHLAND, OREGON 97520 (54 J) 482-6474 terrain~tnd.net POINT OF BEGINNING TERRASURVEY, INC. PROFESSJOlvAL LAND SURVEYORS ~ T J9 S, R 1 E, SEC 16BA, n. 118 . '-~--T-' ---- EXHIBIT A 611 LONG WAY LOTS 7 AND 9, BLOCK 1, S1RA1FORD-ON-AVON SUBDIVISION PUBLIC PEDES1RIAN ACCESS EASEMENT T. 39 S, R. 1 E, Sec. 16BA, TL 118 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; thence North 84044'20" West, 469.88 feet to the southeasterly line of Lot 9, Block 1 of said subdivision, being the Point of Beginning; thence North 36008'36" West, 3.90 feet; thence North 48021'59" West, 31.45 feet; thence North 57038'37" West, 66.72 feet; thence North 530 07' 49" West, 54.96 feet to the westerly line of the tract described in Document No. 75-15471, Official Records, Jackson County, Oregon, being the Point of Termination. January 12, 2005 __1tl<:" REGISTEREO "'\ PROFESSIOrJf~L i. LAND SURVEYOR III .....,~~~~ A- Plt., 0.-, G'~-~ , .. 0 "P,' ,E G" C,) ,.",.;J:..,., ',', ',,' , " .~.' JULY 25. 'I GlIO Pi STUART M. OSMiJS ~ ;y No.24~4 ~ ~h'J& "i1:hi,wlQb." , '1 ~