HomeMy WebLinkAbout1994-033 Sale Deed - City Ashland City of Ashland
City Attorney's Office
20 E. Main
Ashland, OR 97520
(503) 482-3211, Ext. 59
FAX # (503) 488-5311
TRANSMITTAL FORM
DATE: April 29, 1994
TO: Nan Franklin, City Recorder FROM:
c: Ken Mickelsen, Parks
c: Pat Caldwell, Finance
Sharlene Stephens, ALS
Office of City Attorney
RE:
Attached Bargain and Sale Deed (94-12465) Regarding
Regarding the above:
For your information/files
Please sign/review/comment/return
Please read then forward to
As you requested
Other
Comments: Nan:
Dedication of Property within the Greenway for Park
PurDoses ~. ~/~
The oriqinal, recorded Bargain and Sale Deed is
attached for your records. Finance, Parks and Recreation, and
our office will keep copies. This Barqain and Sale Deed relates
to the resolution qoing before the cit¥ council on May 3, 1994.
BARGAIN AND SALE DEED
Subject to the restrictions listed below, JACKSON COUNTY, a
political subdivision ofthe State of Oregon, conveys to the CITY
OF ASHLAND, an Oregon municipal corporation, all that real
property situated in Jackson County, Oregon, described as:
TRACT I (39S 1E 4CA, TAX LOT 101; 39S 1E 4DB, TAX LOT 400):
A parcel of land located in the Southeast quarter of Section 4, Township 39
South, Range 1 East, Willamette Meridian, Jackson County, Oregon, more parti-
cularly described as follows:
Commencing at a point from which the Southwest corner of Donation Land Claim
No. 41, Township 39 South, Range 1 East, Willamette Meridian, Jackson County,
Oregon, bears South, 375.01 feet, and West, 788.65 feet; thence East, 789.99
feet; thence South 84° 06' East, 319.65 feet, to a point on the West line of
that tract described in Volume 263, Page 599, Jackson County, Oregon, Deed
Records; thence North 0° 11' 33" West, 794.27 feet; thence North, along the
West line of said tract, 180 feet, more or less, to a point which bears South
0° 11' 33" East, 614.83 feet, from the Northwest corner of that tract described
in Volume 276, Page 257, said Deed Records, for the true point of beginning;
thence West, 38.49 feet; thence North 20° 47' 31" West, 120.22 feet; thence
South 80° 00' 00" West, 30.00 feet; thence North 35° 56' 46" West, 76.47 feet;
thence North 55° 03' 26" West, 62.29 feet; thence North 21° 32' 26" West,
183.62 feet; thence North 27° 29' 43" West, 95.06 feet; thence North 56° 15'
17" West, 78.11 feet; thence North 42° 09' 55" West, 195.67 feet; thence North
23° 05' 57" West, 72.54 feet; thence North O1° 09' 37" West, 165.93 feet;
thence North 20° 03' 47" West, 73.05 feet; thence North 89° 58' 17" East,
145.87 feet; thence South O0° 25' 17" West, 255.00 feet; thence North 89° 58'
17" East, 429.00 feet; thence South O0° 25' 17" West, 80.00 feet; thence South
O0° 07' 05" West, 614.83 feet, to the true point of beginning.
(5.12 AC)
TRACT II (39S !E 4AC, TAX LOT 402):
Commencing at the Northeast corner of Donation Land Claim
No. 53, Township 38 South, Range 1 East of the Willamette
Meridian, Jackson County, Oregon, monumented by a 2" pipe with a
3" brass cap; thence South 2718.79 feet and West 1467.25 feet to
the Southwest corner of that tract described in the Document No.
79-19834, Official Records of Jackson County, Oregon for the True
Point of Beginning; thence North, 675,05 feet along the West
boundary of said tract to a found 5/8 ince iron pin for the
Northwest corner of said tract; thence East, 184.8 feet along the
North boundary of said tract; thence South 7° 09' 36" West 680.36
feet to the South line of said tract; thence West 100.00 feet
along said line to the point of beginning. (2.21 AC)
PAGE 1 OF 4.
TRACT III (39S 1E 4BB; TAX LOTS 101 AND 102):
A parcel of land lying in Section 33, Township 38 South,
Range 1 East, W.M. and in Section 4, Township 39 South, Range
1 East W.M., Jackson County, Oregon, and being a portion of that
property designated as "Tract C" and described in that deed
to Harold C. Hardesty, recorded as Document No. 75-03389 of the
Official Records of Jackson County, Oregon; the said parcel
being that portion of said "Tract C" lying Southerly of the
following described line:
Commencing at the Northwest corner of Donation Land Claim
No. 53, located in Township 38 South, Range least; thence North
89026'55" West (Record West) 356.40 feet; thence South 00o19'02"
West (Record South) 589.29 feet to a 5/8 inch iron pin, being
the point of beginning, being on the Easterly line of said
"Tract C"; thence North 67o43'33" West 461.84 feet to a 5/8
inch iron pin; thence South 78048'24" West 235.87 feet to a
5/8 inch iron pin; thence South 86°02'58" West 131.85 feet to
a 5/8 inch iron pin; thence North 89o23'02" West 92.04 feet
to a 5/8 inch iron pin; thence North 86036'48" West 148.95 feet
to a 5/8 inch iron pin; thence North 89°12'08" West 199.92 feet,
more or less, to the Westerly line of said "Tract C".
EXCEPTING THEREFROM: A strip or parcel of land, being 20
feet in width and lying along the Northerly boundary of the
hereinabove described parcel, the Northerly line of said 20
foot strip or parcel of land being identical to the Northerly
boundary of said hereinabove described parcel.
ALSO EXCEPTING THEREFROM: A strip or parcel of land 20
feet in width, the Easterly line thereof being described as
follows:
Commencing at the Northwest corner of Donation Land Claim
No. 53, located in Township 38 South, Range 1 East of the Willa-
mette Meridian, Jackson County, Oregon; thence North 89o26'55"
West (Record West) 356.40 feet; t. hence South 00o19'02" West
(Record South) 589.29 feet to a 5/8 inch iron pin; thence
North 67043'33" West 461.84 feet to a 5/8 inch iron pin; thence
South 7§°48"24" West 164.70 feet; thence South 4°30'33" East,
20.14 feet to the Southerly line of the hereinabove described
20 foot wide strip or parcel of land, being the true point of
beginning; thence continue South 4o30'33" East, 42.09 feet to
a 5/8 inch iron pin with aluminum cap situated at the North-
easterly corner of that property owned by the city of Ashland
and as recorded in Volume 512, Page 58 of the Deed Records of
Jackson County, Oregon.
(1.72 AC)
PAGE 2 OF 4.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS:
1. Grantor reserves the right to construct a bicycle and
pedestrian trail across tax lot 102 of Tract III.
2. The above described property was purchased with federal Land
& Water Conservation Fund and Jackson County monies. This
conveyance is made on the condition that the property described
above is conveyed for so long as it shall be used for public park
and recreation purposes or maintained for the benefit of the
public as an open space area. When, or if, said property is no
longer used for public park, recreation, or scenic purposes, all
right, title, and interest in the land hereby conveyed shall
immediately revert to and revest in Jackson County, Grantor, its
successor or assign, without necessity of suit for re-entry. All
rights conveyed by or received from the grantor shall at that
time cease and terminate.
The true and actual consideration for this transfer is non-
monetary value promised by Grantee.
This instrument will not allow use of the property described
herein to be inviolation of applicable land use laws and
regulations.
The order of the Board of Commissioners of Jackson County
authorizing this transfer of property was dated ~~30! I~ ,
and entered on Volume /75 , Page ~) , of the Journal of the
proceedings of the Board.
DATED this ~ day of ~~K~ , 1994.
JACKSON COUNTY, a political subdivision
of the State of Oregon
BY: Its Bo~d of County Commissioners
\
AP~ROVED AS TO .ORM:
PAGE 3 OF 4.
: 4-124( 5
STATE OF OREGON )
) es.
County of Jackson )
BEFORE ME this ~_~day of ~{~ , 1994,
personally appeared the above named Hank ~enry, Sue Kupillas, Ric
Holt, Commissioners for Jackson County, Oregon, and adknowledged
the foregoing instrument to be their voluntary act.
!~'.i~ OFFICIAL SEAL
NANCY MITCHELL
NOTARY PUILIC- OREGON
COMMISSION NO.026967
MY COMMISSION EXPIRES AUG. 10, 19~7
ry public for Oregon
My commission expires: ~/q7
Authorized for recording without fee.
PAGE 4 OF 4.
RESOLUTION NO. 94- ~
A RESOLUTION DEDICATING PROPERTY WITHIN THE GREENWAY
FOR PARK PURPOSES PURSUANT TO ARTICLE XIX, SECTION 3,
OF THE CITY CHARTER.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The following described land is dedicated for park
purposes pursuant to Article XIX, Section 3, of the Ashland City
Charter.
Tract I (39S 1E 4CA, Tax Lot 101; 39S 1E 4DB, Tax Lot
400): A parcel of land located in the Southeast
quarter of Section 4, Township 39 South, Range 1 East,
Willamette Meridian, Jackson County, Oregon, more
particularly described on the attached Exhibit A.
Tract II (39S 1E 4AC, Tax Lot 402):
described on the attached Exhibit A.
More particularly
Tract III (39S 1E 4BB; Tax Lots 101 and 102): A
parcel of land lying in Section 33, Township 38 South,
Range 1 East, W.M. and in Section 4, Township 39 South,
Range 1 East, W.M., Jackson County, Oregon, and being a
portion of that property designated as "Tract C" and
described in that deed to Harold C. Hardesty, recorded
as Document No. 75-03389 of the Official Records of
Jackson County, Oregon; this parcel being that portion
of "Tract C" lying Southerly of the line described on
the attached Exhibit A.
This resolution was read by title only in accordance with Ashland
Municipal Code § 2.04.090 duly PASSED and ADOPTED this ~ day
of ~j~J~ , 1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this '~P'~/ day of , 1994.
Catherine M. Golden~ Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE i-RESOLUTION DESIGNATING PROPERTY IN THE GREENWAY FOR PARK
PURPOSES (p:parks ~ rc~nway .res)
EXHIBIT A
TRACT I (39S 1E 4CA, TAX LOT 101; 39S 1E 4DB, TAX LOT 400):
A parcel of land located in the Southeast quarter of Section 4, Township 39
South, Range 1 East, Willamette Meridian, Jackson County, Oregon, more parti-
cularly described as follows:
Commencing at a point from which the Southwest corner of Donation Land Claim
No. 41, Township 39 South, Range 1 East, Willamette Meridian, Jackson County,
Oregon, bears South, 375.01 feet, and West, 788.65 feet; thence East, 789.99
feet; thence South 84° 06' East, 319.65 feet, to a point on the west line of
that tract described in Volume 263, Page 599, Jackson County, Oregon, Deed
Records; thence North 0° 11' 33" West, 794.27 feet; thence North, along the
West line of said tract, 180 feet, more or less, to a point which bears South
0° 11' 33" East, 614.83 feet, from the Northwest corner of that tract described
in Volume 276, Page 257, said Deed Records, for the true point of beginning;
thence West, 38.49 feet; thence North 20° 47' 31' West, 120.22 feet; thence
South 80° 00' 00" West, 30.00 feet; thence North 35° 56' 46" West, 76.47 feet;
thence North 55° 03' 26" West, 62.29 feet; thence North 21° 32' 26" West,
183.62 feet; thence North 27° 29' 43" West, 95.06 feet; thence North 56° 15'
17" West, 78.11 feet; thence North 42° 09' 55" West, 195.67 feet; thence North
23° 05' 57" West, 72.54 feet; thence North 01° 09' 37" West, 165.93 feet;
thence North 20° 03' 47" West, 73.05 feet; thence North 89° 58' 17" East,
145.87 feet; thence South O0° 25' 17" West, 255.00 feet; thence North 89° 58'
17" East, 429.00 feet; thence South O0° 25' 17" West, 80.00 feet; thence South
00° 07' 05""West, 614.83 feet, to the true point of beginning.
(5.12 AC)
TRACT II (39S 1E 4AC, TAX LOT 402):
Commencing at the Northeast corner of Donation Land Claim
No. 53, Township 38 South, Range 1 East of the Willamette
Meridian, Jackson County, Oregon, monumented by a 2" pipe with a
3" brass cap; thence South 2718.79 feet and West 1467.25 feet to
the Southwest corner of that tract described in the Document No.
79-19834, official Records of Jackson County, Oregon for the True
Point of Beginning; thence North, 675,05 feet along the West
boundary of said tract to a found 5/8 ince iron pin for the
Northwest corner of said tract; thence'East, 184.8 feet along the
North boundary of said tract; thence South 7° 09' 36"-West 680.36
feet to the South line of said tract; thence West 100.00 feet
along said line to the point of beginning. (2.21 AC)
Page 1 of 2
TRACT III (39S 1E 4BB; TAX LOTS 101 A/qD 102) :
A parcel of land lying in Section 33, Township 38 South,
Range'l East, W.M. and in Section 4, Township 39 South, Range
1 East W.M., Jackson County, Oregon, and being a portion of that
property designated as "Tract C" and described in that deed
to Harold C. Hardesty, recorded as Document No. 75-03389 of the
Official Records of Jackson County, Oregon; the said parcel
being that portion of said "Tract C" lying Southerly of the
following described line:
Commencing at the Northwest corner of Donation.Land Claim
No. 53, located in Township 38 South, Range l~East; thence North
89°26'55" West (Record West) 356.40 feet; thence South 00019'02"
West (Record South) 589.29 feet to a 5/8 inch iron pin, being
the point of beginning, being on the Easterly line of said
"Tract C"; thence North 67°43'33" West 461.84 feet to a 5/8
inch iron pin; thence South 78048'24" West 235.87 feet to a
5/8 inch iron pin; thence South 86o02'58" West 131.85 feet to
a 5/8 inch iron pin; thence North 89°23'02" West 92.04 feet
to a 5/8 inch iron pin; thence North 86036'48" West 148.95 feet
to a 5/8 inch iron pin; thence North 89012'08" West 199.92 feet,
more or less, to the Westerly line of said "Tract C".
EXCEPTING THEREFROM: A strip or parcel of land, being 20
feet in width and lying along the Northerly boundary of the
hereinabove described parcel, the Northerly line of said 20
foot strip or parcel'of land being identical to the Northerly
boundary of said hereinabove described parcel.
ALSO EXCEPTING THEREFROM: A strip or parcel of land 20
feet in width, the Easterly line thereof being described as
follows:
Commencing at the Northwest corner of Donation Land Claim
No. 53, located in Township 38 South, Range 1 East of the Willa-
mette Meridian, Jackson County, Oregon; thence North 89°26'55"
West (Record West) 356.40 feet; thence South 00°!9'02" West
(Record South) 589.29 feet to a 5/8 inch iron pin; thence
North 67043'33" West 461.84 feet to a 5/8 inch iron pin; thence
South 78°48~24" West 164.70 feet; thence South 4°30'33" East,
20.14 feet to the Southerly line of the hereinabove described
20 foot wide.strip or parcel of land, being the true point of
beginning; thence continue South 4030'33" East, 42.09 feet to
a 5/8 inch iron pin with aluminum cap situated at the North-
easterly corner of that property owned by the City of Ashland
and as recorded in Volume 512, Page 58 of the Deed Records of
Jackson County, Oregon.
(1.72 AC)
Page 2 of 2