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Home My WebLink About2008-023 Easement - D. Tschann Jackson County Official Records 2008-006019 RoE Cnt=1 Stn=4 SHAWBJ 02/20/200802:33:07 PM $25.00 $5.00 $5.00 $11.00 Total:$46.00 11/111111111111111 111111 11111111111 01309143200800060190050055 I, Christine Walker, County Clerk for Jackson County, Oregon, certify lhatthe Inslrumentldentlned herein was recorded In the Clerk records. Christine Walker - County Clerk Name of Transaction: Grantors: Grantee: Return Document to: Bicycle and Pedestrian Easement Denise M. Tschann City of Ashland, an Oregon Municipal Corporation Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $7,500.00 and other valuable considerations True and Actual Consideration: PERMANENT BICYCLE AND PEDESTRIAN AND TEMPORARY CONSTRUCTION EASEMENT FOR CITY OF ASHLAND 1. Grant of Permanent Easement. The above named Grantor grants to the City of Ashland, Oregon, "Grantee," a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair, maintain and remove and replace a public pedestrian and bicycle easement and sidewalk or path and supporting wall, 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. Grant of Temporary Construction Easement. The above named Grantor also grants to Grantee a temporary construction easement for the construction of retaining walls, sidewalks and appurtenances. The temporary construction easement shall terminate with the completion of the planned improvements known as the East Main Street Railroad Crossing Improvement Project No. 2005-15A or on January 1, 2010 which ever first occurs. The temporary construction easement shall be limited to that area as described in attached Exhibit B. 3. 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. 4. Maintenance. Grantee, its successors, assigns, agents and invitees shall be responsible for the maintenance and repair of the easement including but not limited to maintaining the easement in compliance with any applicable governmental regulations. C:\DOCUME-1\olsonj\LOCALS-1\Temp\659 Fordyce St Tschann RR Sidewalk Revised Easement form - settlement language.doc 5. 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. Grantor and Grantee recognize that they may have certain immunities granted pursuant to ORS 105.672 et seq. 6. Settlement & Release. Except for the obligations of the parties herein, it is understood and agreed that this easement shall constitute a full and final release between the parties and shall be effective as a full and final accord and satisfaction, and as a bar to all actions, causes of action, costs, expenses, attorneys' fees, damages, claims and liabilities whatsoever relating to the subject matter hereinabove contained, or from any other cause not hereunder excepted, to the fullest extent permitted by law. It is agreed that claims of any nature and kind whatsoever are released, and that all parties specifically and expressly waive their rights to possible claims, known or unknown, suspected or unsuspected, that are not otherwise provided for herein. 7. Restoration of ProDertv. Grantee shall restore the property within the construction easement and outside the constructed retaining wall to its original condition as closely as possible. 8. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. B State of Oregon County of Jackson This instrument was acknowledged before me on h./in,u.'Y 7, 2008, by . SC tAL SEAL NANCY E. SLOCUM NOTARY PUBUC-<>fIEGON COMMISSION NO. 421357 MY ClJIIISIllN EXPIIES SEPT. II, 2011 CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND, Grantee PAGE 2-EASEMENT (p:jost.Eas) d- ) ss. fih~ /j , 2008. County of Jackson ) U The foregoing instrument was acknowledged before me this /3 #.. day of TriJJ ' 2008, by John Morriso Mayor of the City of Ashland. _OFFICIAL SEAL OU\NA R. SHIPLET . NOT~IW PUBLIC-OREGON COMMISSION NO. 405584 MY COMMlSSiO\\l C:XPIRES MAY 2. 2010 C:\DOCUME-1\olsonj\LOCALS-1\Temp\659 Fordyce St Tschann RR Sidewalk Revised Easement form - settlement language.doc ~ EXHIBIT A BICYCLE AND PEDESTRIAN EASEMENT Commencing at the most Southerly corner of Lot 16 of Ashland Parkview Subdivision, a Planned Unit Development in the City of Ashland, Jackson County Oregon, as now of record; thence North 790 14'00" East, along the Southerly boundary line of said Lot 16 a distance of 11.50 feet; thence leaving said Southerly boundary line, North 61006' 31" West, 7.50 feet; thence South 790 14' 00" West, 11.50 feet to the Southwesterly boundary line of said Lot 16; thence South 610 06' 31" East, along said Southwesterly boundary line, 7.50 feet to the point of beginning containing 86.25 square feet more of less. Bicycle and Pedestrian Easement Lot 16, Ashland Parkview Subdivision (PUD) 39 1E 10 BC tax lot 5415 August22,2007 PAGE 4-EASEMENT (p:jost.Eas) ~ EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Commencing at the most Southerly corner of Lot 16 of Ashland Parkview Subdivision, a Planned Unit Development in the City of Ashland, Jackson County Oregon, as now of record; thence North 790 14'00" East, along the Southerly boundary line of said Lot 16 a distance of 12.00 feet; thence leaving said Southerly boundary line, North 100 46' 00" West, 10.00 feet; thence South 790 14' 00" West, 24.06 feet to the Southwesterly boundary line of said Lot 16; thence South 610 06' 31" East, along said Southwesterly boundary line, 15.67 feet to the point of beginning containing 180.3 square feet more of less. Temporary Construction Easement Lot 16, Ashland Parkview Subdivision (PUD) 39 1 E 10 BC tax lot 5415 August 22, 2007 C:\DOCUME-1\olsonj\LOCALS-1\Temp\659 Fordyce St Tschann RR Sidewalk Revised Easement form - settlement language. doc 5 -----nr--T-