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Home My WebLink About2006-220 Easement - Haines Jackson County Official Records 2006-056544 ~~7=1 Stn=6 HELMANC~ 1/09/2006 12:38:34 PM $30 00 $5 00 $11 00 Total :$46.00 1111111111111111111111111 01228788200600565440060062 I Kathleen S. Seckett, County Clerk for Jackson County, Oregon, ~ertify that the instrument identified herein was recorded in the Clerk records. Kathleen S Beckett - County Clerk Name of Transaction: Grantor: Access Easement City of Ashland, Oregon, by and through the Ashland Parks and Recreation Commission Lloyd M. Haines, The Haines Family Trust, and The Gail R. Bleecker Trust Grantees: Return Document to: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $8,000.00 ACCESS EASEMENT True and Actual Consideration: 1. Grant of Easement. The City of Ashland, Oregon, by and through the Ashland Parks and Recreation Commission, "Grantor," grants a perpetual non-exclusive easement on the property described in the attached Exhibit A (further referred to in this easement as "the premises"), the subservient estate, to Lloyd M. Haines, The Haines Family Trust and The Gail R. Bleecker Trust, "Grantees," and owners of the dominant estate, specifically described in Exhibit B, attached hereto, for ingress and egress to the real property described in Exhibit B. 2. Continuity of Easement. This easement runs with the land and inures to the benefit of Grantees' successors, assigns and heirs, and binds the successors and assigns of Grantor. 3. Indemnification. Grantees shall defend, indemnify and save the City of Ashland and the Ashland Parks and Recreation Commission, and their officers, agents, and employees, harmless from any losses, claims, expenses, judgments, or other damages resulting from injury to any person or damage to property, of whatsoever nature, arising out of or incident to this easement, except if said loss or claim results from the negligent conduct of the Grantor, its employees, agents or invitees. 4. Insurance. Grantees shall, at Grantees' own expense, at all times during the term of this easement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this easement, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non- owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. PAGE 1-EASEMENT Easement-City & IOOF.wpd The City of Ashland and the Ashland Parks and Recreation Commission, their officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the Grantor shall be filed with the City of Ashland's Finance Department. These certificates shall contain provisions that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to Grantor. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified, Grantor has the right to require Grantees to increase coverages to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. Failure to maintain any insurance coverage required by this easement shall be cause for immediate termination of the easement by Grantor. 5. Imorovements. Except for the purposes described in the paragraph entitled "Grant of Easement", no improvements shall be placed in or on the premises, and no alterations shall be made on the premises without the prior written consent of Grantor. The existing staircase, stairwell and ramp are permitted improvements on "the premises," and may be repaired and/or replaced as necessary. All improvements shall be made at the sole expense of Grantees. Grantees shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concern, in any way, Grantees' use of the premises. 6. Landscaping. Grantees shall install and maintain landscaping on the premises as required by the Ashland Parks and Recreation Director in the exercise of the Director's reasonable judgment. 7. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 8. Attorneys Fees. In the event of litigation to enforce any of the provisions of this easement, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs as may be awarded by a court of competent jurisdiction, either at trial or appeal therefrom. ,~ hn W. Morrison Mayor rantor: Ashland Parks and Recreation Commission: ~~ By: Rich Rosenthal, Chair PAGE 2-EASEMENT if Easement-City & IOOF.wpd State of Oregon County of Jackson This instrument was acknowledged before me on ~O\\ero\~\ )$,2006, by Joh' . f Ashland, Oregon. \.A~ U'i\. . ~U~ Notary ubhc for Oregon State 0 County of Jackson This instrument was acknowledged before me on ()~,\\~'\::>Q (' (J-,l, 2006, by Rich Rosenthal, Chair of the Ashland Parks and Recreation Commission. OFFICIAL SEAL APRIL M. LUCAS NOTARY PUBLIC-OREGON COMMISSION NO. 388338 MY COMMISSION EXPIRES JAN. 09,2009 (8 J 0hl Nota Public for Oregon A~ PAGE 3-EASEMENT 3 Easement-City & IOOF.wpd EXHIBIT A Commencing at the street centerline monument at the intersection of North Main Street and Granite Street in the City of Ashland, Jackson County Oregon as said centerline monument is shown on Partition Plat P-93-94 filed as survey Number 14193 in the office of the County Surveyor, Jackson County, Oregon, from which street centerline monument the street centerline monument at the intersection of North Main Street and Church Street as shown on said Partition Plat bears North 29047'27" West 158.76 feet; thence South 15015'52" East, 162.78 feet to the northeasterly comer of an existing two story brick building and the Point of Beginning of the land herein described; thence along the face of said building, South 85058'08" West, 60.13 feet; thence South 04001'52" East, 7.50 feet; thence South 85058'08" West, 8.64 feet; thence South 04001 '52" East, 6.74 feet; thence leaving said building face, South 85058'08" West, 4.68 feet to the westerly face of a raised brick header; thence along said header, North 04001 '52" West, 11.56 feet; thence North 85058'08" East, 9.34 feet; thence North 04001'52" West, 2.68 feet; North 85058'08" East, 3.97 feet to the northwesterly comer of said brick building; thence North 02052'10" East, 2.22 feet along the southerly edge of a concrete walkway to the beginning of a curve concave to the southeast having a radius of 3.50 feet; thence northeasterly 4.67 feet along said curve through a central angle of 76026'56"; thence North 79016'28" East, 39.98 feet; thence North 85034'38" East, 17.03 feet to the westerly edge of a concrete sidewalk; thence South 04025'22" East, 10.04 feet along said westerly edge of a concrete sidewalk, to the Point of Beginning. REGISTERED PROFESSIONAL LAND RVEYOR LJ ,- I z. 6' ~ 1/1 , Z"f. 11.5 ~ ~.504"O1 5 ," --' ,.;'~ ~. ,o. .... ,.'.~'''':''. I;>l sa Oil . ." .......-: ,:f ,,!,,:'c, .'.' \0 "". d ~",,::':g~:~,~"!~;,.::<:~;...',l. ~ fT\ Ol i.(sl~'" ~1~r' "',j"" ~"W '"i~~l~;:~:'~~ N04'Q1'5 .. ~,~ "E~ ~:~;~~~:,;;~. N02.~2'10 E 504.01 52 ~"'\~?~~':'., '.: 2.22 ~~~i~:2;;'. ' ,\' .. . ~~::~.;j(t)g' " " ....... i, ~ ~E';,:,>::r;~;~ "-01'52 ~;.~.:::.;-::;,.:;;.., 504 ~\:~~~i~~;, ~ l \ ~ ';r~~ ;r 'i~~~t~ () ~~.\....~, 0 ~;~~~;>'~~';i ;;'~', -z. j-:~.,::~~-:~';~ ,.::\ ,.... . .... ~ .... If l I ~" '" , \: w :., !,,:~'.: . '."" ,,\~"';' ,'\ ~;~ :,,;\ -;0 '\\;}?&<~ ~ ~t\:~~~ij~'0~ ~ / ~ I.......... .(.,.,...,0 ,:~: ~:,:-,.,l;:\l.'". .;:'..,.... \. ~~..... "'" ,. '.,,"'(\ L.. '" \~:.(~F~;~;:;;~:.t~;:;> = / ,\~..t.':.1.. ...............,\ ~:;t~!~~J~I~: ~r~; / ~~ <' :~~~.,..;t;~r:~:~.i:\ C'l / l...~~ . , .. .. """::m\ 0 -"/ \~,"\~il:~ / ~ ," . ',"" .,,,.,,~ fT\ ~ :;,;~":;S:~',;,S:;;~;~:~~(f ~ ~"._. ...,~.....~~ fT\ ~ ~~g1;~*;>~~~~ ~~::::::l~~4~F J... '" 0 ^ \.. l< PEW " Sl ----- (IE ~ NCR cO -1 EXHIBIT A-1 U' ';$- < DA 1[: 9-20- 2006 SCALE: 1"= 10' -1 4- () 'J) ~ ~ .-,.. <t. MONUMENT 0 N. MAIN ST. &, CHURCH S1 'h ~ t / ~ I~ ~. qy "- ~ ~ A ~ J..,rv ~ .\to lQ ~ ~ poe <t. MONUMENT 0 N. MAIN ST. & GRANITE ST. (') \'i ~ UHf) ::0-\ 02 'AGJ m-\ c~ -0 r QIJ) Z-\ GJO ::0 -<. 'j\ J... POINT OF BEGINNING REGISTERED PROFESSIONAL LA 9URVEYOR tJ",N -./ tl 0 R "[ 1-1 THIS EXHIBIT IS FOR GRN'HIC PURPOSES ONl Y. ANY ERRORS OR OI.IISSlONS ON THIS EXHIBIT SHALL NOT AFFECT THE DEED DESCRJPTION. 6 PREPARED BYI TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 (541) 482-6474 terrain@bisp.net ~ ., . l' I EXHIBIT B Beginning at a point on the easterly line of Lot 3 in Block 1 of the City of Ashland, Jackson County, Oregon, according to the official 1888 map of said City, that is North 03033' West 20.0 feet from the southeast corner of said Lot 3; thence continue, along the easterly line of said Block, 61 feet 2 inches (61.17 feet) to a point that is North 03033' West 7.00 feet from the southeast corner of Lot I, in said Block; thence at right angles to said easterly line of Lot I, in a westerly direction, 36.0 feet; thence North 03033' West, along the westerly line thereof, 9 inches (0.75 feet); thence South 86027' West 52.00 feet (record 46.17 feet) to a point 8.00 feet East of the flume of the Ashland Woolen Manufacturing Company; thence Southwesterly, parallel with said flume, 61 feet 2 inches (61.17 feet), more or less, to a point that is North 03033' West 20.0 feet from the south line of Lot 3 projected; thence Easterly, parallel to and North 03033' West 20.0 feet from the south line of said Lot 3, to the point of beginning. EXCEPTING THEREFROM that certain tract deeded to The City of Ashland, by deed recorded October 23, 1970, as Instrument No. 70-10707 of the Official Records of Jackson County, Oregon. (Code 5-01, Account #1-006673-1, Map #391E09BB, Tax Lot #9200) ~