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HomeMy WebLinkAbout1974-031 Bargain & Sale Deed - ODOT - Plaza Island ORIGINAL414 Highway Division Files 9682, 9683, 9684, 74-04479 9685, 9686 and 9687 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That the STATE OF OREGON, by and through its DEPARTMENT OF TP-kNS'PORTATION, Highway Division, hereinafter called "Grantor", hereby conveys unto CITY OF ASHLAND, a municipal corporation of the State of Oregon, herein- after called "Grantee", only SO long as used for public purposes, the following described property, to wit: A parcel of land lying in Block 3, CITY OF ASYLAND, Jackson County, Oregon and being a portion of that property described in those deeds to the State of Oregon, by and through its State Highway Commission recorded in Book 234, Page 626; Book 235, Page 103; Book 235, Page 105; Book 235, Page 227; Book 235, Page 258 and in Book 235, ?age 358 of Jackson County Record of Deeds, the said parcel being, that portion of said property lying Southwesterly of a line parallel with and 35 feet Southwesterly of the center line of the Rogue Valley Highway, which center line is described as follows: Beginning at Engineer's center line Station "L2" 4+05.31, said station being 10.85 feet North and 41.94 feet West of the intersection of the Easterly lines of North Main Street and Water Street as they existed in 1942; thence on a 1145.92 foot radius curve left (the long chard of which bears South 420 30' East) 506.66 feet to Engineer's center line Station '12" 9+11.97. The parcel of land to which this description applies contains 6,140 square feet, more or less. Provided, however, there is reserved to Grantor, and waived by Grantee, all access rights between the above described real property and the right of way of the Rogue Valley Highway abutting on said parcel, which public highway is further identified as State Highway No. 63. This reservation shall run with the land and shall not be subject to modification, cancellation or destruction by adverse user or estoppel, no matter how long continued. Nothing in this conveyance contained shall be construed as conveying any estate, right, title or interest in and to said public highway right of way or any rights of reversion therein or thereto. This conveyance is made upon the express condition that the above-described land shall never be used for the placing or maintenance of any advertising sign, display or device, except such sign, display or device used to advertise the activities conducted on said land, and upon the further express condition that said land shall never be used as a place for the open storage or keeping of any debris, trash, waste or other unsightly materials. In the event of the violation of the above condition, Grantor shall have the right, through its authorized officers, agents or employees, to enter upon said land and remove or destroy the offending sign, object or material without liability for damage or injury thereto, and to recover from Grantee, its successors and assigns, the cost of such removal or destruction. The rights and remedies herein reserved or provided shall not be exclusive and shall not be in derogation of any other right or remedy which Grantor may have. The restrictions, rights and conditions herein contained shall run with said land and shall forever bind Grantee, its successors and assigns. The real property hereinabove described is no longer needed or required by Grantor for state highway, scenic or park purposes. No monetary consideration is being received by Grantor for this deed. Dated this day of 1974. STATE OF OREGON, by and through its APPROVED AS TO FORM: DEPARTMENT OF TRANSPORTATION, Highway Division e Cou, el By F. B. Kiaboe, Administrator and State Highway En,-,ineer 74-044'79 Page`2 - B&S Deed highway Division Files 9682, 9683, 9684, 9685, 9686 and 9687 STATE OF OREGON, County of Marion 1974. Personally appeared F. B. Klaboe, who being sworn, stated that he is the Administrator and Highway Engineer for the State of Oregon, Department of Transportation, Highway Division, and that this instrument was voluntarily signed on behalf of the State of Oregon, by authority vested in him by the Oregon Transportation Commission. Before me: f Notary Public for Orea, My Commission expires pn ba/ _ 1i Jack8on County, OregQ" Recot dod O'FFIC,[A L RZcQRD3 >1:33 APR 1 N974A . HARRY CHIPl :N CZ.ERK and REP, RDF.ft eguty OREGON STATE HIGHWAY DIVISION yf HIGHWAY BUILDING ° SALEM, OREGON r 97310 TOM McCALL August 12, 1974 GOVERNOR F.B,KLABOE Ad.W0161.1 of Highway. Mayor File No. 9782-9787 City of Ashland Block 113" City of Ashland Ashland, Oregon 97320 Rogue Valley Highway Jackson County Dear Sir: Enclosed is a certified copy of the deed dated April 3, 1974 from the State to the City which was recorded April 17, 1974 as Instrument No. 74-04479 in the Jackson County Deed Records. The original recorded deed was sent to the City Recorder an April 29th by our Property Management Office. We understand how- ever, that it went astray and cannot be located. We are happy that we could deed this triangular area, which was landscaped by the City and made a part of a city plaza, to the City of Ashland. We trust the certified copy of said deed will be sufficient for your records. Very truly yours, L ER \. Document Supervisor RK:vc Enclosure CC; George Thornton Attn: Alfred Shirley Virgil Wilson Attn: Al Bro A DIVISION OF THE DEPARTMENT OF TRANSPORTATION /� / � rill %% :'„ c, ;,,, �M�i6'�`%c ��a✓r���,o ,,,: � /��/��r' AW < : ;,„„. /i„ : r� ,/% ,,,%„/ice i '; � �Xrr;:. 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Pl ........................................... STATE OF O'R GO County of Jackson I, Harry Chipman, County Clerk of the above named County and State and Clerk of the Circuit Court of the County of Jackson and State of Oregon do hereby certify that the foregoing copy has been by me compared with the original, and that it is a transcript therefrom, and of the whole of such original as the same appears on file or of record in my office and in my care and custody. ,IN TESTIMONY.WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this_-SGt day of_ A.D. tg�� Harr Chipm J�County CI* 1 Deputy I i f 3 $� T T HIGHWAY DIVISION' HIGHWAY BUILDING w SALEM, OREGON 973 10 TOM McCALL April 29, 1974 GOVERNOR F.B, KLABOE Ad'minis:lrafor of Highways. City Recorder City Hall Ashland, Oregon 97520 File No. 9682, 9683, 9684, 9685, 9686, 9687. Block 113" City of Ashland Bear Sir: Rogue Valley Highway Jackson County We are enclosing the original deed dated April 3, 1974, from the Department of Transportation to City of Ashland for 6,140 square feet of land lying in Black 3, City of Ashland', Jackson County, Oregon. Said deed was recorded in the Jackson County Deed Records, on April 17, 1974, instrument number 74-04479. Very truly yours, J. B. BOYD Right of Way Engineer By W. H. HASKIN Property Manager WHH sa Enclosure cc. Alfred Shirley Frank North Al Brown A DIVISION OF THE DEPARTMENT OF TRANSPORTATION