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
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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
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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
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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
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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