HomeMy WebLinkAbout1994-040 Quitclaim - Oak KnollFC',~M No. ~72_~l--QUITCLAIM DEED IIndividual or {~orporaleI. COPYRIGHT 199Z $TEVEN$-N£$J LAW PUBLISHING G~,, EQRT~AND, OR.g7~O4
QUITCLAIM DEED /0 ~ ~ ~
City of Ashl~d ~ ~
~0~ ALL ~E~ BF THESE PRESENTS, Tha~ ............... ~
.................................................................................................................................................................... , hereinafter called ~rantor,
for ihe cons~deral~on here;hailer sla~ed, does hereby remisexrelease and qu;lcla~m unto
Oak Knoll Meadows, Inc., An Oregon corporation ......................................................
hereinafter called ~raniee, and unto ~rantee's he;rs, succesors and assigns all of ihe ~rantor's right, lille and ;hierest
;n ~hat certain real property with the tenement% h~feditaments and appurtenances ~hereunto belon~in~ or ;n any
war a~e~t~inin~, situate~ in the Countr oi ........ !.~.5.5~.?.Q ...................... , State oi Ore,on, 4e~cribe~ as io,ow~, to-w;~:
See Exhibit "A" Attached
This quitclaim deed is given for the purpose of releasing the described
iproperty in exhibit "A" from the effect of that easement recorded July 16,
11915, Volume 109 page 215 of Deed Records. The intent of this instrument
is to terminate said easement insofar as it affects the attached described
property.
{IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE}
To Have and to Hold the same unto the grantee and grantee's heirs, successors and assigns forever.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ ...... ..n...o...n...e. ...................
(DHowever, the actual consideration consists of or includes other property or value given or promised which ;s
the whole
part of the consideration ('indicate which). (DCThe sentence between the symbols(D, i! not applicable, should be deleted. See ORS 93.030.,)
In construing this deed, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this deed shall apply equally to corporations and to individuals.
In Witness Whereof, the grantor has executed this instrument this ....2...n...d...... day of ...... ..M...a.y. ......................19.9..4.....;
if a corporate grantor, it has caused its name to be signed and its seal, if any, affixed by an officer or other person
duly authorized thereto by order of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE-'C' ' 'i' 't--Y-- - ' '/~' ' "~' '~' ' 'h' ' ~~' 'n" 'd' ..............................................................
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING .i../~Zll ~...~-:....
THIS INSTRUMENT' THE PERSON ACQUIRING FEE TITLE TO THE ....~.../l~.......y... i...~' ..... .~.'~
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. ,.....~.t ..:.~...'.,::~.:.~.~.~..-.~.. ................
STATE OF OREGON, County of .......... .J...a...c...k..s...o...n.. ..........................) ss. ~. /
.This instrument was acknowledged before mp on ..... .~....'~....~....../....~ ........................19....~....~,
by....'.~,'J'>Z~.~.. .......,~. .........C4~... . . ..,c~..........e,~.... . .........................'~' ...............................................
. This instrument ac nowledge4before me on ..... ........ ....................
b y . ~./z~. ........ .~.: .........~.- .....~V .. .~A. .. ./. .. .~.. . .......................
as .................................:::::":'::"'":i ........................................
.......................... :::::::::::::::::::::::::::::::::::::::::::::::::::::::
, ....... .........
OC, ~MM~. S~!O.,,N.~_~ ~O.N ..~0.29,39~7,, ~ . ./ ly. ptgry Publiciol~regon
~,~,~,~.__,~,.~,..__,~_,,.~.. . · ' ~ zw y commtssmn expxres ................. z../z: ........................................
Granlor'~ Name and Addres~
Granlee'~ Name and Address
After racercling return to (Name, Addre~.~ ~El~a)L~ ~ . , .
...3.Lo.....kL.t..~.Ca.....~..a.~ ...............................................
Ashland OR 97520
Until requested otherwise send a.ll tax ~1 ~em. erds to [Name Address Zi~:
~..,,~z-;:: ...~. ~/~...z./,.. _.,~ ~Cz~..~..~....~.., .~-. Z~..<;Z.:.:
.......... :::::::::::::::::::::::::
/~.._/~t....e.~./... ~..~ ........ .?.z~.....~.. ................................
SPACE RESERVED
FOR
RECORDER'$ USE
STATE OF OREGON, ~ ss
County of ............................................~ '
I certify that the within instrument
was received for record on the .......... day
of ................................................,19 .........at
................. o~lock .......M., and recorded in
book/reel/v~u.-.ne No ................... on page
........................ ~Ld/or as fee/file/instru-
ment /microHlrrv~-xeception No ................. ,
Record of Deed~ o~id County.
Witnes~' myXI~nd and sea/ of
County affixed.
NAMg TITLE
By ....................................................Deputy
5t%-59794
EXHIBIT A
Lot Eighty-six (86) of OAK KNOLL MEADOWS, PHASE 3, a Planned Unit
Development to the City of Ashland, Jackson County, Oregon, according to
the official plat thereof, now of record. Together with an easement of
enjoyment in and to the common properties (open space) and shall be
appurtenant to and shall pass with the title to every lot, and subject to
rights, liens and charges in connection therewith, as set out in
Declaration of Covenants, Conditions, Restrictions and Easements,
recorded February 22, 1984 as No. 84-02751, and Amended Declaration of
Covenants, Conditions, Restrictions and Easements, recorded April 19,
1984 as No. 84-06137, and Supplementary Declaration of Covenants,
Conditions, Restrictions and Easements, recorded July 29, 1987 as No.
87-15602 and recorded August 16, 1990 as No. 90-20651 of the Official
Records of Jackson County, Oregon.
(Code 5-15, Account #1-079122-1, Map #391E13CB, Tax Lot #3500)
May 5, 1994
Brian Almquist, City Administrator
Steven Hall, Public Works Director
Quitclaim Deed-Sulfur Line Easement
ACTION REQUESTED
City Council authorize Mayor to sign attached Quitclaim Deed. Deed removes sulfur line easement from Lot 86,
Oak Knoll Meadows, Phase 3.
BACKGROUND
The City of Ashland has water rights to a sulfur line located east of Crowson Road and South of Interstate 5. The
water right is for .035 cubic feet per second and is dated 4/25/34.
The stfifur line crosses Oak Knoll Meadows, Phase 3, to the storage pond that is u 'tfiized for irrigation at the Oak
Knoll Golf Course. Jerry and Erv Toney were the developers and had asked if there were some options to allow
the discontinuation of the sulfur line to the storage pond.
Through a series of discussions in 1990, an agreement was reached where the Toney's would transfer the
equivalent of one acre of TID water from the property (then owned by Erv Toney) located at the southeast comer
of Crowson Road and the Greensprings Highway. This was equivalent to the flow from the sulfur springs.
In the meantime I applied to the Talent Irrigation District to convert the contract agreement for irrigation water at
the Oak Knoll Golf Course to a permanent stored water right.
To my knowledge, the transfer of the one acre of TID water from Erv Toney had never occurred.
The issue surfaced again in January of this year. After discussions with Jerry and Err Toney and Hollie Cannon
it was found that the one acre was included in the conversion of the Oak Knoll water rights.
During the process, I withheld the removal of the sulfur line easement as the only way to assure that the
agreement for the 1 acre of stored water was completed.
PAGE
The City of Ashland no longer has a need for the sulfur line easement across the subdivision and recommends
City Council allow the Mayor to sign the attached quitclaim deed for Lot 86 of Oak Knoll, Phase 3.
A sale is pending on this particular lot, so it is being dealt with separate from remaining portions of the easement.
The balance of the easement will be brought before the Council in the near future.
CC.'
Jerry Toney, Secretary, Oak Knoll Meadows, Inc.
Helen Archer, Northwest Brokers, Inc.
Jim Olson, Assistant City Engineer
Dennis Bamts, Water Quality Superintendent
Enc:
Quitclaim Deed
Hall letter 3/2/90
Hall letter 8/6/90
Cannon letter 2/7/94
DEPARTMENT OF PUBLIC WORKS
Slavan M. Hall, P.E., Director
ASHLAND, OREGON
97520
March 2, 1990
CITY HALL
503-482-3211
Jerry Toney Construction
4866 Grant Road
Central Point, Oregon 97502
Dear Jerry:
Re: Oak Knoll Meadows Phase III
I offer the following comments regarding your February letter.
Jim Olson will. prepare total city costs for all utilities and
fees for your subdivision.
It would be possible to delete the sulfur line. You indicated
that you would be willing to trade an equivalent amount of-TID
water from Oak Knoll Phase III. This would be acceptable to the
City of Ashland if the water was transferred free of encumbrance
-' ~-to the City available in the upper ditch line on the south side
· . ::.:. of the City for City use on a permanent basis. '
The-'drain line from the pond to the golf course is a budgeted
i~'~. ~.i:~ ~item and a responsibility of the 'City. : ....
'-i' "-- You have indicated you will be bidding the 12" water line on
· ' ~' ~'Crowson Road and Siskiyou Boulevard rather than the City doing
so. In that case, you need to provide Jim Olson with the three
estimates which detail the difference in cost between a 12" and
8" line. We will review that cost differential a~ud, if we concur
with the amount, the City will reimburse you for the difference
at the time of acceptance of the facilities by the City. Check
· !.i ~ .. with Jim Olson on the process for construction of the water line.
i~"' · .:-You will be required to acquire all permits including those from
.... the Oregon State Highway Division, Southern Pacific Railroad and
' Jackson County Public Works Department.
Sincerely yours,
Steven M. Hall, P.E.
?ublic Works Director
CC:
Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
CITY
OF
,~ ~%,, .~, '~
ASHLAND CITY HALL
ASHLAN D, OREGON 975213
~'"'~:~' %'" "~~'/~'' '~'~' ~-'~~~ "~"~'~telephone (code 503) 482-3211
August 6, 1990
Mr. Hollie Cannon, Manager
Talent Irriga'tion District
P.O. Box 467
Talent, OR 97540
Dear Hollie:
RE:
Proposed Transfer of
Water Rights between the
City of Ashland and J.
Ervin Toney
The City of Ashland currently shares with J. Ervin Toney a water
right to a spring located on map no. 39 1E 13C tax lot 101. The
City's portion of the water is used to supplement the irrigation
supply to the Oak Knoll Gol'f Course via a pipeline across
property now owned by J.-Ervin Toney (39 1E 13C 2400), and is
currently being development as Oak Knoll Subdivision, Unit No.
III. In exchange for the Talent Irrigation Water right
previously located on 39 1E 13C 2400, the City of Ashland has
agreed to cancel its right to the spring and to vacate the
pipeline easement a~ross the Oak Knoll properties.
We would ask that your Board consider the following request:
The water to be used to supplement current irrigation
supplies to the Oak Knoll Golf Course (39 1E 13B 2200).
The point of diversion be changed to coincide with the
existing point of diversion for the Oak Knoll Golf
Course· -
It is hoped that the board will'consider this request for a
transfer of a partial water right (2.65 acre feet) from J. Ervin
Toney to the City of Ashland,. which transfer will supplement
current irrigation supplies to the Oak Knoll Golf Course.
The City of Ashland and J. Ervin Toney jointly make this request
and by our signatures below, indicate our agreement with the
proposed conditions.
rvin Toney /~
Date
by:
City of Ashland
Steven M. Hall, P.E.
Public Works Director
Da~e
t04 VALLEY VIEW AVE.
AREA CODE 503 ~ 535-1529
P.O. BOX 467
TALENT, OREGON 97540
February 7, 1994
Erv Toney
2870 Wedgewood Road
Ashland, Oregon 97520
Dear Mr. Toney;
As you requested, this letter is per our conversation on January 28, 1994.
You asked for my review of a letter from the City of Ashland to Talent
Irrigation District dated August 6, 1990, this letter states "in exchange
for Talent Irrigation District water right previously located on 39-1E-13
tax lot 2400 the City of Ashland has agreed to cancel its water right to
the spring and to vacate the pipeline easement across the Oak Knoll
properties".
This letter was a request to the Board of Directors of the Talent
Irrigation District to transfer one acre of water right from Mr. Toney's
property to the Oak Knoll Golf Course.
In exchange f. or that transfer the City would vacate its right to a spring
located on Mr. Toney's property.
I reviewed the Board of Directors Minutes of the Regular Meeting of August
7, 1990 at which Mr. Hall of the City of Ashland was present. After
considering the transfer request the Board of Directors discussed the
merits of said transfer. The problem being the location of the one acre of
water right. Because the water right has to be located on a specific
parcel of ground and be used on that parcel only it did not appear to be
practical to have one acre of water right on the golf course, therefore the
Board proposed that the District would include the entire golf course of
some 75 acres within the District for delivery of water.
It is therefore my opinion that the City's request for one acre of water
right to be transfered from Mr. Toney has been fulfilled by the District 75
times over.
If you should have any further questions on the matter feel free to contact
me.
Since~~ _ _
Hollie Cannon/Manager
Talent Irrigation District