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HomeMy WebLinkAbout2011-293 Easement - Ashland Christian Fellowship Jackson County Official Records 2011-035164 Cnt=1 ALONZOKM 11/10/2011 01:29:57 PM Cnt $20.00 $10.00 $5.00 $11.00 $15.00 TOta1164.00 $3.00 - 01505500201100351640040043 I, Christine Walker, County clerk for Jackson county, Oregon,-certlry that the instrument Idemmad herein was recorded In the Clerk retards. Walker - County Clerk Name of Transaction: Public Trail Easement' Christine ' - Grantors: Ashland Christian Fellowship Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 True and Actual Consideration: $1.00 and other good and valuable consideration EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: A. Ashland Christian Fellowship Church, herein referred to as "Grantor", is the owner 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 City and the Ashland Parks and Recreation Commission ("Commission") are working to acquire, preserve and improve the public trail system, and have determined that a trail through the below described property will provide a vital link in this system. C. The City and Commission, have negotiated an agreement with Grantor to add the below described property to the public trail system as set forth in this easement. Grantor and City agree: 1. Grant of easement. The above-named Grantor grants to the City of Ashland, Oregon, a perpetual non-exclusive easement in gross, at the City's own cost, 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 the City of Ashland, Jackson County, Oregon, and is comprised of a ten (10) foot wide public trail right-of-way situated between Hersey Street and Chegar Street, as further described on the attached Exhibits A and B. 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 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 1- TRAIL EASEMENT C:\Documents and Settings\olsonj\Local Settings\Temporary Internet Files\Content.Outlook\PHNVG22G\ACF Easement Final Easement 11-1-11 (2).doc 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 and/or boulder placement, dog waste disposal stations, vegetation and tree landscaping design and maintenance on and adjacent to trail and adjoining riparian zone area, 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, the City's charter, and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify Grantor 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 Grantor for any such liability arising out of the wrongful acts of the Grantor or the employees or agents of the Grantor. 5. Merger. 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. ASHLAND CHRISTIAN FELLOWSHIP CHURCH GRANTOR: z Authorized signer for Grantor Date State of Oregon ) County of Jackson ) This instrument was acknowledged before me on 2011, by -Ma,~_k Grantor A p OFFICIAL SEAL Notary Public for Oregon BILLIE K. BOSWELL M Commission -7-~ j NOTARY PUBLIC-OREGON y expires: COMMISSION NO. 436411 MY COMMISSION EXPIRES APR. 1, 2013 2- TRAIL EASEMENT EXHIBIT `A' PEDESTRIAN EASEMENT A strip of land, over and across a portion of that certain property described in Document No. 88-00279, Official Records, Jackson County, Oregon, being 10.00 feet in width and lying 5.00 feet on each side of the following described centerline: Commencing at the most southerly comer of Block 27 of the City of Ashland, Jackson County, Oregon, also being the intersection of the Northwesterly line of Oak Street with the Northeasterly line of Chegar Street, from which point the monument at the intersection of Oak Street and `A' Street bears South 31 ° 15'40" West, 199.41 feet; thence along said Northeasterly line of Chegar Street, North 43° 47'27" West, 191.10 feet to the Point of Beginning; thence North 9° 13'48" East, 36.00 feet; thence North 15° 53' 41" East, 16.67 feet; thence South 27° 49' 49" East, 18.53 feet; thence South 39° 00' 54" East, 22.68 feet; thence North 39° 00' 54" West, 22.68 feet; thence North 27° 49'49" West, 18.53 feet; thence North 15° 53' 41" East, 12.69 feet; thence North 25° 57' 57" East, 53.77 feet; thence North 68° 46' 08" East, 23.42 feet; thence North 15° 21' 08" East, 27.03 feet; thence North 37° 41' 00" East, 37.27 feet; thence North 22° 11' 51" East, 80.65 feet; thence North 14° 29' 33" East, 56.55 feet; thence North 10° 57' 23" East, 56.14 feet; thence North 14° 05' 37" East, 28.19 feet; thence North 19° 53' 23" East, 44.22 feet to the Southwesterly line of Hersey Street, being the Point of Termination. October 24, 2011 RE tdISTERED PROFESSIONAL LAND SU/RVEYOR OREGON JULY 29. 1 Qv* STUART M. OSMUS No. 2484 ~pras 2-3/-/2 3 EXHIBIT '8' PEDESTRIAN EASEMENT y N / RsFy ' Isl n/ DATE: OCTOBER 28, 2011 Nd~i \ ~C \ SCALE: i"= 100' P ' llI 39 lE 04CD TL 1200 OR 88-00279 ASHLAND CHRISTIAN FELLOWSHIP, INC. i i gym/ BLOCK 27 tiFG'X\ try",~%r CITY OF ASHLAND / t"~c. llna`,~~ A C2 I' OP RESISTEP ED \y~ PROFESSIONAL LAND SURVEYOR s 06n 4, OREGON \ LINE TABLE JULY 2K. 1 ow STUART M. OSMUS LINE LENGTH BEARING No.2484 ee Ll 36.00 N09-IY48-E E><pdry / 2 -3 / - / 2 L2 16.67 N15.53'41'E L3 18.53 S27.49'49'E THIS EXHIBIT IS FOR GRAPHIC PURPOSES L4 22.69 839•00.54'E 1Q LS 12.69 N15.53'41'E ONLY. ANY ERRORS OR OMISSIONS ON L6 23.42 N68.46'08'E THIS EXHIBIT SHALL NOT AFFECT THE L7 27.03 N15.21'08'E DEED DESCRIPTION. / L8 37.27 N37.41'00'E L9 56.55 N14'29'33'E LIO 56.14 N10.57'23'E 3/4" IRON PIPE Lll 28.19 N14.05'37'E AT INTERSECTION OF L12 44.22 N19.53'23'E LEGEND OAK AND 'A' STREETS PROPERTY LINE TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS EASEMENT LINE 274 FOURTH STREET STREET CENTERLINE ASHLAND. OREGON 97520 (541) 482-6474 t OR 89-11979 OFFICIAL RECORDS, JACKSON COUNTY, OREGON JOB No. Noa A2224-024-0et 9 y ADDENDUM TO ASHLAND CHRISTIAN FELLOWSHIP AGREEMENT FOR MAINTAINING EASEMENT Addendum made this 3. 17, < 3 between the City of Ashland ("City") and Ashland Christian Fellowship ("Grantor"). Recitals: A. The City and Grantor enter into a "Ashland Christian Fellowship Agreement for Maintaining Easement" (further referred to in this addendum as 'the Agreement"). B. The parties desire to amend the Agreement to account for an oversight in developing the original Agreement wherein the parties failed to realize the need for the City to tie into the Grantor's irrigation system in order to fulfill legal riparian requirements. D. Grantor acknowledges the importance and value for the City to tie into Grantor's existing irrigation system and agrees there is sufficient benefit as to waive the City's liability for tying into the Grantor's irrigation system. City and Grantor agree to amend the Agreement in the following manner. 1. Amend Section 10 to read as follows: "10. Indemnification; Waiver of Subrogation and Liability. 10.01 To the extent permitted by the Tort Claims Act, the City will defend, indemnify and save Grantor, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to this lease or the activities that take place on the Easement. City will not be held responsible for damages caused by negligence of Grantor. 10.02 Grantor waives or otherwise holds harmless the City for injury or damage (including loss or destruction) of Grantor's irrigation system resulting from negligence of the City or its agents." ..2. Except as modified above the terms of the Agreement shall remain in full force and effect. GRANTOR: CITY OF LAND: BY ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. C l 3I 18 3 Mayor/Mayor's De " nee, City of Ashland Date