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~~~ .
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Notary Public for Oregon . I
My Commission expires: ~~S-
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~ 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
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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
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OSCAR V. JOHNSON
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BASIS OF BEARING:
PLA T OF STR~ WORD-ON-AVON SUBDIV7S1ON
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274 FOURTH STREET
ASHLAND, OREGON 97520
(54 J) 482-6474
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POINT OF BEGINNING
TERRASURVEY, INC.
PROFESSJOlvAL LAND SURVEYORS
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T J9 S, R 1 E, SEC 16BA, n. 118
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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
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REGISTEREO "'\
PROFESSIOrJf~L i.
LAND SURVEYOR III
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