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Home My WebLink About1995-114 Irrevocable Offer - Robbins 7 96,-05792 FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: Irrevocable Offer NAME OF PARTIES: Grantors: Cathy Robbins, and others, 535 Dogwood Way, Ashland, OR 97520 Grantee: City of Ashland, Oregon DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder, ~ 20 East Main, Ashland, OR 97520 /\ TRUE AND ACTUAL Not applicable. CONSIDERATION: UNTIL A CHANGE IS REQUESTED, Not applicable. SEND TAX STATEMENTS TO: Irrevocable Offer to Dedicate Property to City of Ashland Irrevocable offer to dedicate property to City of Ashland (Grantee) made by Grantors named on the following page. RECITALS: A. Grantors are the owners of the real property described on the attached Exhibit "A" and referred to in this offer as "Dogwood Way." B. Grantors have requested and Grantee is in the process of forming a local improvement district to improve Dogwood Way. Since Dogwood Way is privately owned Grantee cannot form the district until Dogwood Way is public property. Pursuant to Grantors request, Grantee is requiring this irrevocable offer to dedicate. Grantor~ therefore make the following irrevocable offer: 1. Consideration: In consideration of the local improvement district to be formed by Grantee, Grantors irrevocably offer to Grantee the above described Dogwood Way. 2. Duration: Grantee shall have the right at any time in perpetuity from the date this offer is made to accept this offer. This offer may only be accepted by Grantee, however, after a local improvement district is formed to improve Dogwood Way to public street standards. 3. Tender Of Deed: Simultaneously with the delivery of this offer to Grantee, Grantors have delivered a warranty deed to Grantee conveying Dogwood Way to Grantee free and clear of all liens and encumbrances except those which may PAGE 1-1RREVOCABLE OFFER - DOGWOOD WAY <0:rea~Urr~vdo~.om 96.-05792 exist of record as of the date of the deed. 4. AcceDtance of Deed: Delivery of the deed to Grantee shall not constitute acceptance by Grantee of the deed. The deed shall be considered accepted upon its recording by the Grantee. Grantee shall have the right to record the deed at anytime without notice to Grantors so long as the condition in paragraph 2 has occurred. No additional consideration shall be paid by Grantee for the deed. 5. Restriction on Transfer and Improvements: Grantors shall not, at any time after this offer is signed, sell, contract to sell, transfer, exchange, grant an option to sell or lease, or otherwise dispose of, or encumber, Dogwood Way (or any portion or any interest) to anyone other than Grantee unless such conveyance or other disposition is expressly made subject to this irrevocable offer and Grantee's right to take title upon recording the deed. Nor shall Grantors construct or install or permit the construction or installation of any improvements upon Dogwood Way. 6. Successors and Assiqns: This offer shall be binding upon, and inure to the benefit of the parties and their respective heirs, successors and assigns. GRANTORS: ~ronn ~'. ~aroes~y Dart E. Emkes R~ S. Bradf¢ A. ? Iver.so~ Susan Tabor Whitmore Donna L. Rose Marie Golembeski Miller PAGE 2-IRREVOCABLE OFFER - DOGWOOD WAY 96.-08792 GRANTO/~S [7 /~. p Gimenez Sharon Gilmore-Gimenez State of AO/~/~ ~/~;/~ On 3~D~,~-~ ~ , 1995 personally appeared the above named ack~lowledged the foregoing to be their personal act and deed. y Public for My commission PAGE 3-IRREVOCABLE OFFER - DOGWOOD WAY 96-05792 State of Oregon County of Jackson This instrument was acknowledged before me on ~, 1995, ~_ ,~ ~NOALL State of Oregon County of Jackson My commission expires: This instrument was acknowledged b~fore me on ,~,~. ~, ,1995, J ~/N~aj~J Public fo~ Oregon . My {~.ommission expires: State of Oregon County of Jackson This instrument was acknowledged before me on Sept~ber 7, 1995, by Darrell E. Gee* My commission expires: State of Oregon County of Jackson This instrument was acknowledged before me on ~O~. ~% ,1995, Notary Public for Oregon My commission expires: PAGE 4-IRREVOCABLE OFFER - DOGWOOD WAY (.:~a.~e~og.om 96.-08792 State of Oregon County of Jackson This instrument was acknowledged before me on~r~ ~ ! 1995, ~ SUSAN A. o~.~o ~'~.~..~ NOTARYPUBLtC-OREQON / ~ COMMISSION NO,O316ti 1 ,,, MYCOMMISSION EXPIRES FEB. 03~ 19{)8 J State of Oregon County of Jackson Notary Public for Oregon My commission expires: This instrument was ackn0~wledged be~fore me on ~'~ c~='~ ~-~- , 1995 r I ~ C~m~onNo.~2~' I N~ary Public toy Oregon / / ~ . [ ~ C~r,~,l~ Ex~ ~Ep ~ 1~l My commission expires~/~/,/~/,/~ State of Oregon County of Jackson This instrument was acknowledged before me on ~ ~ ,1995, : State of Oregon County of Jackson Notary Public for Oregon My commission expires: ,~'~/~ This instrument was~now~ledged before me on ~ ~ ,1995, Nofar. y.J~ublic for OE~on My commission expires: PAGE 5-IRREVOCABLE OFFER - DOGWOOD WAY (p:rea~\irr~vaou.orr) 96.-06792 State of Oregon County of Jackeon Thisjnstrument was acknowledged b~ore me one/6 , 1995, ~0M~0. ~X*~,.~V,,~,~ ~zary Public for Oregod ~ . _ ~y commission expires: ~ ~/~ State of Oregon County of Jackson This instrument was acknowledged before me on ~ ~ ~- l q, 1995, Notary Public for Oregon My commission expires: STATE OF OREGON COUNTY OF JACKSON STATE OF OREG(~.,,~,,~...... COUNTY OF ~~ This by This instrument wa~ acknowledged before me on II~ /~-_c~ M~commission expires: iastrument was acknowledged before me on [~-~ 1995 ' ' p' : PAGE 6-1RREVOCABLE OFFER - DOGWOOD WAY ~p:.aNrr~ '~'--:~.:..,~.~-~.~-: .... 96.-0S792 GRANTORS ~ KAREN A. TELIAN-TYLER ~_~ STATE OF COUNTY OF ~ /' On~.~':/)~zr/lfi~'.f~ ~;~,[[7, 1995 personally a~peared the above named ~ ~ ~ ~ ~ ~/~n, /~,f~/J~?.~ ~ who acknowledged ~he f'~r~go{ng' iR~tr~en% to be)t~eir vol~n~ary a~t and deed. / Before me: Notary Public f~r ~'/~ My commission expires: ~.[,f PAGE 7 - IRREVOCABLE OFFER DOGWOOD WAY 96.-O$792 EXHIBIT A A tract of land situated within Applewood Subdivision in the city of Ashland, Jackson County, Oregon, being in the south half of Section 5, Township 39 South, Range 1 East of the Willamette Base and Meridian, said county and state and being more particularly described as follows: Beginning at a found 6 inch diameter post with a 3 inch bronze disk being the Initial Point common to aboth C and T Subdivision and Applewood Subdivision; thence South 89° 50' 26" East, 135.52 feet, along the southerly right-of-way of Wiley Street to the True Point of Beginning; thence South 0° 09' 3" West, 36.76 feet; thence along the arc of a 182.00 foot radius curve to the left, through a central angle of 20° 29' 24", (the long chord bears South i0° 05' 08" East, 64.74 feet) a distance of 65.09 feet; thence South 20° 19' 50" East 80.43 feet; thence along the arc of a 168.00 foot radius curve to the right, through a central angle of 19~ 48' 48", (the long chord bears South 10" 25' 26" East, 57.81 feet) a distance of 58.10 feet; thence South 00° 31' 02" East, 208.69 feet; thence South 45° 31' 04" East, 25.46 feet; thence South 00° 31' 02" East, 24.00 feet; thence South 40~ 05' 04" West, 36.88 feet; thence South 00° 31' 02" East, 40 feet to a point on the southerly boundary line of Lot 17; thence South 89° 28' 58" West, along the southerly lot line of lots 17 and 14, 24.00 feet; thence leaving the southerly boundary line of Lot 14, North 00° 31' 02" West, 37.59 feet; thence North 51° 47' 46" West, 10.89 feet; thence North 10° 29' 56" West, 26.00 feet; thence North 0~ 31' 02" West, 20.00 feet; thence North 11~ 57' 29" East, 32.40 feet; thence North 0~ 31' 0" West, 197.05 feet; thence along the arc of a 132.00 foot radius curve to the left, through a central angle of 19~ 48' 48", (the long chord bears North 10~ 25' 26" West, 45.43 feet) a distance of 45.65 feet; thence North 20" 19' 50" West, 80.43 feet; thence along the arc of a 218.00 foot radius curve to the right, through a central angle of 20° 29' 24", (the long chord of which bears North 10~ 05' 08" West, 77.54 feet) a distance of 77.96 feet; thence North 00° 09' 34" East, 36.76 feet to a point on the southerly right-of-way of Wiley Street; thence South 89° 50' 26" East, 36.00 feet along the Wiley Street right-of-way to the True Point of Beginning. Excepting therefrom any encroachments created by permanent residential or accessory buildings currently in existence at the time of creation of this document. Jackson County, Oregon Recorded OFFICIAL RECORDS Description of Dogwood Way City of Ashland Engineering Division August 16, 1995 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (503) 488-5587 ENGINEERING: (503) 488 5347 CITY HALL 20 E MAIN STREET ASHLAND, OREGON 97520-1814 FAX (503) 488-6000 NOTICE OF TRANSMIITAL TO: Barbara Christensen DATE PROJECT JOB NO. SUBJECT 03/14/96 Dogwood Way N/A Record Agreement THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original "Irrevocable Offer To Dedicate Property" Please record this document at your earliest opportunity. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works d _ [ Engineering Division //J~ ] By: JamesH. Olson Title: Acting Public Works Director