HomeMy WebLinkAbout2006-148 Easement - Kula Ohana
Name of Transaction:
Grantors:
Return Document to:
Pedestrian Easement
Kula Ohana, LLC
Barbara M. Christensen
City Recorder
20 East Main, Ashland, OR 97520
$1.00
True and Actual Consideration:
PERMANENT BICYCLE AND PEDESTRIAN EASEMENT
FOR CITY OF ASHLAND
1. Grant of Easement. The above named Grantor grants to the City of Ashland,
Oregon, "Grantee", a perpetual non-exclusive easement in gross to use, operate,
inspect, repair, maintain and remove and replace a public pedestrian and bicycle
easement across, along and upon the real property described below and further
referred to in this easement agreement as the "easement area". The easement area
can be utilized for recreational pedestrian and bicycle access only.
The easement area is located in Jackson County, Oregon and is described as:
A 5-foot wide Public Pedestrian Easement to the City of Ashland, over and
across that tract of land described within Instrument No. 2005-039310 of
the Official Records of Jackson County, Oregon, lying situate within the
Northwest Quarter of Section 14, Township 39 South, Range 1 East of the
Willamette Meridian, in the City of Ashland, Jackson County, Oregon,
more particularly described and bounded as follows, to wit;
Beginning at a 5/8 inch iron pin at the Northeast corner of Lot 3, Block 1,
Agape Subdivision according to the official plat thereof, now of record in
Jackson County, Oregon; thence South 89050'53" East along the North
line of that tract of land described within Instrument No. 2005-039310 of
the Official Records of Jackson County, Oregon a distance of 157.42 feet;
thence South 63040'00" East leaving said North line, a distance of 22.32
feet; thence South 89008'07" East 152.87 feet to the West line of Clay
Street; thence South 00003'18" East along said West line of Clay Street, a
distance of 5.00 feet; thence North 89008'07" West, 154.08 feet; thence
North 63040'00" a distance of 22.29 feet; thence North 89050'53" West a
distance of 156.25 feet to the East line of said Lot 3, Block 1, Agape
Subdivision; thence North 00002'01" West a distance of 5.00 feet to the
POINT OF BEGINNING.
2. Use of Surface. Grantor shall have the right to use the easement area for all
purposes not inconsistent with the uses and purposes of the property, provided that
Grantor shall not build or erect any structure upon the easement area without the prior
written consent of Grantee.
3. Maintenance. Grantee, its successors, assigns, agents and invitees shall be
responsible for the maintenance and repair of said easement including but not limited to
maintaining the easement in compliance with any applicable governmental regulations.
4. Indemnification. Subject to the limitations of the Oregon Tort Claims Act, ORS
30.260 - 30.300, Grantee, its successors, assigns, agents and invitees, shall indemnify
and hold Grantor, its successors, assigns, agents and invitees, harmless against any
claim for injury to person or property which occurs, or is alleged to have occurred,
during the course of a crossing of Grantor's land by any person, other than Grantor,
grantor's successors, assigns, agents and invitees. This shall include any settlement,
judgment and costs of defense, including legal fees and disbursements. Grantor and
Grantee recognize that it may have certain immunities granted pursuant to ORS
105.672 et seq.
5. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
GRANTOR:
Kula Ohana, LLC
By:
Printed:
Title:
STATE OF OREGON )
) ss.
County of Jackson )
I, the undersigned, being a notary public in and for the State and County
aforesaid, do hereby certify that , for Kula
Ohana, LLC known to me to be the same person whose name is subscribed to the
foregoing Permanent Bicycle and Pedestrian Easement, appeared before me this day in
person and acknowledged that, pursuant to his/her authority, he/she signed the said
Easement as his/her free and voluntary act of Kula Ohana, LLC, an Oregon limited
liability company, for the uses and purposes therein stated.
Notary Public - State of Oregon
ACCEPTED BY:
City of Ashland, a municipal corporation
of the State of Oregon
'~y;17100
(date) II ! '-'