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Home My WebLink About2007-074 Easement - Dienel Jackson County Official Records 2007-021484 R-E Cnt=1 Stn=5 THOMPS~/04/2007 12:45:08 PM $2000 $5 00 $5 00 $11 00 Total:$41.00 11111 I 1111 1111 II 01261831200700214840040047 l, Kathleen S. Beckett, County Clerk for Jackson County, Oregon. certify that the instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk Name of Transaction: Grantors: Return Document to: Public Trail Easement Nicholas H. Dienel 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") 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 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. 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, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. ~~~~J State of Oregon County of Jackson n This instrument was acknowledged before me on N\ 0... '(' ~ '5 by'C--, . Di , e and ' '!7cl~/nJ3RL(I)TlJ) ~bU}, '(j YtV) Nota Public for Oregon My Commission expires: J /Jlil;) 111;\)06, . 1007 I 2eI:4, ~ ~,;.'::~~~.~,f;i~::: . OFFICIAL SEAL ROBIN D. BRUNTON NOTARY PUBLIC-OREGON COMMISSION NO Q.~80628 MY OMMISSION EXPIRES MA~ ,008 ...... '." ,,0 '_, ,,,,,,.,~~~7:'>.t~:"~;;~;~<J~~';;'(;~ 2- TRAIL EASEMENT A:\Trail easement V2 12Q04,doc :z REGISTERED PROFESSIONAL LAND SURVEYOR A..... ~ MAP OF PUBLIC PEDESTRIAN ACCESS EASEMENT LOT 8, BLOCK 1, WELLER LANE SUBDIVISION, PHASE II CITY OF ASHLAND, OREGON FOR ASHLAND WOODLAND TRAILS ASSOCIATION - - - - ----- LEGEND " \ - - -- PROPERTY UNE - - - - - EASENENT - - - CENTER OF EASENENT OR 02-53236 OFFlOAL RECORDS, JAO<SON COUNTY, OREGON LOTS TAX LOT 2115 POINT OF BEGINNING ~ \~~ \~ ~. \ \~o \:~\\~ \ \ \ \ \\~\ \ \ \ \ \ \Ul \ \ ~ \ ~~ ~\ ~. .~\ ~ ~ ~. \\~\ \ \ \ \ \ \ \ \ \ - \ \ \ - \~ \----- - \ \ \\ \ \ \ OR 99- 2.3409 ----- -- - ~ - DATE: JANUARY 13, 2005 , , SCALE: 7"= 30 Lu <: -q;: -.J eJ -.J cj ~ OREGON .JULY 26. 1.fio STUART M. O$MUS No.2 Jt d' TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET ASHLAND, OREGON 97520 BASIS OF BEARING: t~~~:~~~t PLA T OF WELLER LANE SUBDiVISION, PHASE /I NOTE: EASEMENT FOR IRRIGA TlON DITCH AS SHO'MI ON PLAT OF WEllER LANE SUBDIVISION, PHASE If, IS NOT SHOWN FOR CLARITY. T 39 S. R f E. SEe 16AB, n. 2175 3 LOT 8, BLOCK 1, WELLER LANE SUBDMSION, PHASE 2 PUBLIC PEDESTRIAN ACCESS EASEMENT T. 39 S, R 1 E., Sec. 16 AB, TL 2115 A strip ofland 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 So~ Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00. 12' 04" East, 561.00 feet to the Northwest Comer of Weller Lane Subdivision, Phase 2 according to the Official Plat thereof as now recorded.; thence along the West Line of said subdivision South 00. 12' 04" East, 78.33 feet to the Point of Beginning; thence South 270 04' 05" East, 19.98 feet; thence South 22. 01' 12" East, 71.17, feet to the southerly line of Lot 8, Block 1 of said Weller Lane Subdivision, Phase 2, being the Point of Termination. January 13,2005 r"" RESISTIRED PROFESSIONAL LAND SURVEYOR A 11-... C-. OREGON .HA.Y Ill. ,-.0 STUART M. OSMUS L(