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HomeMy WebLinkAbout1990-072 Deed - Banke, Shannon 90-3X5 4 D E E D (For Street and Alley Purposes) 15.oo I0. oo For valuable consideration which does not have a dollar value, the undersigned parties do hereby transfer and convey unto the CITY OF ASHLAND, a municipal corporation of the State of Oregon, for street and alley purposes, the real property situated in the County of Jackson, State of Oregon, described as: Part of lots 39 1E 9BC 500 & 600, as more fully described on Exhibit "A" which is attached hereto and incorporated herein. The undersigned hereby warrant that said real property is free of easements, restrictions and encumbrances. THIS INSTRUMENT WILL NOT ALLOW USE OF TH~ PROPERTY D~SC~iS~D IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. December , 1990. hn F. Sh~nfion' Leslie Shannon STATE OF OREGOb] ) o SS. County of Jackson ) On December 5 , 1990, above-named THEODORE H. and LOIS E. foregoing instrument to be their ' ~ '.~~_ ~ -1- Deed personally appeared the BANKE and acknowledged the volunta~act Notary Public for Oregon My Commission expires: 2-8-94 REINALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET A~IHLAND, FII~EGr~N 97520 90-31.574 On .~)~_.cemq~r' /tg~ , 1990, personally appeared the above-named JOHN F. and LESLIE SHANNON and acknowledged the foregoing instrument to be their voluntary act + '+:- ~ .~, - : ~. ~,, :,~,~.q[: 29. 1993 STATE OF OREGON ) : SS. County of Jackson ) above-named JOHN C. SCHWEIGER 1990, and and deed. t y~~Pub ¢' ~ No ~ic for My Commission expires:~~3 personally appeared the acknowledged the foregoing instrument to be his voluntary act and deed. ' ,/~5/ = Notary Public for Oregon My Commission expires: -2- Deed RONALD L. SALTER ATTORNEY AT LAW ASHLAND, OREGON 975~-0 90-3't574 EXHIBIT 'A' The westerly 5.00 feet of that tract of land described in instrument no. 88-06525 of the Official Records of Jackson County, Oregon and the easterly 5.00 feet of that tract of land described in instrument no. 86-25030 of the Official Records of said county and state and being more particularly described as follows: Commencing at the Northeast corner of Lot 4, Block 9 ~f the Official City of Ashland map adopted by the Council on the 5th day of November, 1888, also being on the Southwesterly right of way of East Main Street; thence Northwesterly along the Southwesterly right of way of said East Main Street, 94.0 feet to the True Point of Beginning; thence continue Northwesterly along said southwesterly right of way 10.0 feet; thence leaving said right of way in a Southwesterly direction and parallel to the Northeasterly boundary line of said Lot 4, 150.0 feet to the~ Northwesterly line of a 20 foot wide alley; thence Southeasterly along the Northwesterly line of said alley 10.0 feet; thence leaving said alley in a Northeasterly direction and parallel to Northeasterly boundary line of said Lot 4, 150.0 feet to the Point of Beginning. It is the intention of this instrument to describe and deed to the City all that portion of the above described property lying outside of the existing buildings. No interest is being conveyed to any portion of the building or building walls. Acc. No. 39 1E 9BC 500 and 600 John Schweiger Theodore H. and Lois E. Banke John F. and Leslie Shannon to the City of Ashland Jackson County, Oregon Recorded OFFICIAL RECORDS DEC 1 9 1990 pM. KATHLEEN S. BECKETT · ~:LERK and RECORDi~R ..~.!.,.~ ..., ''~ '!" CITY HALL C I T Y O F A S H L A N D !ii~.~..:.~,~ l~~i1 ASHLAND, OREGON g7520 telephone (code 503) 482-3211 November 19, 1990 Mr. John C. Schweiger P.O. Box 1240 Ashland, OR 97520 RE: Revised Deed for Alley off E. Main Street Dear Mr. Schweiger: Enclosed is the deed for dedication of the alley adjacent to the Varsity Theatre as revised by Mr. Salter on November 9, 1990. As we have discussed, the consideration amount has been revised to exclude any monetary sum. Hopefully, this revised deed will be more suitable to your needs. If the form is satisfactory, please sign the document before a notary, and pass it on to the next signer. If you have any questions, please feel free to call at 488-5347. Please be certain that the completed original document is returned to me for recording. incerely, I ~ ames H. Olson sst. City Engineer CC: Steve Hall John Fregonese Jill Turner Nan Franklin CITY OF ASHLAND CITY HALL ~~" '~-~'~ ASH LA N D, OREGON 97520 ~~ telephone (code 503) 482-3211 October 10, 1990 Mr. John C. Schweiger P.O. Box 1240 Ashland, OR 97520 Dear Mr. Schweiger: RE: Deed for Alley Dedication Enclosed is the document required for the dedication of the alley between the Varsity Theatre and the Daily Tidings Building. The dedication is described as being 10 feet wide but is further qualified as being between the two existing buildings. I believe that this is as we have discussed on earlier occasions. Would you please review the document to be certain that all is in order and, if so, please sign on line indicated. Please note that all signatures must be notarized. If you are in contact with the Banke's and can transmit this document to them for their signature, please do so. Upon completion, return the deed to me in the enclosed envelope for recording. If you have any questions, please feel free to call at 488-5347. CC: Steve Hall John Fregonese Jill Turner Nan Franklin Sincerely, ~James H. Olson ~/Asst. City Engineer September 18, 1990 cJ[rom: Ron Salter, City Attorney Jim Olson, Asst. City Engineer ~/ ~ Dedication of Alley Off East Main Street Since the construction of the old Varsity Theatre, there has existed a narrow "alley" serving the rear of the theatre and the old Daily Tidings Office. The "alley" is private and, to my knowledge, has never been deeded to the public although its use has become fairly wide spread. The owners of the "alley" have agreed to dedicate this way to the City for use as a pedestrian access to the Hargadine parking lots. Would you please prepare a deed to create a public access to be granted to the City of Ashland by: John C Schweiger (lot 39 1E 9BC 500) and Theodore H. and Lois E. Banke (lot 39 1E 9BC 600, 1/2 interest) and John F. and Leslie Shannon (lot 39 1E 9BC 600 (1/2 interest) . The description of the alley is listed on attached Exhibit 'A'. The description has been drafted to incorporate both parties and both parcels on a single instrument thereby saving some paperwork and providing for a document which has a very clear intent. Consideration for this document to be $10.00 and other good and valuable consideration. cc: John Fregonese Steve Hall Jill Turner Nan Franklin EXHIBIT 'A' The westerly 5.00 feet of that tract of land described in instrument no. 88-06525 of the Official Records of Jackson County, Oregon and the easterly 5.00 feet of that tract of land described in instrument no. 86-25030 of the Official Records of said county and state and being more particularly described as follows: Commencing at the Northeast corner of Lot 4, Block 9 of the Official City of Ashland map adopted by the Council on the 5th day of November, 1888, also being on the Southwesterly right of way of East Main Street; thence Northwesterly along the Southwesterly right of way of said East Main Street, 94.0 feet to the True Point of Beginning; thence continue Northwesterly along said southwesterly right of way 10.0 feet; thence leaving said right of way in a Southwesterly direction and parallel to the Northeasterly boundary line of said Lot 4, 150.0 feet to the Northwesterly line of a 20 foot wide alley; thence Southeasterly along the Northwesterly line of said alley 10.0 feet; thence leaving said alley in a Northeasterly direction and parallel to Northeasterly boundary line of said Lot 4, 150.0 feet to the Point of Beginning. It is the intention of this instrument to describe and deed to the City all that portion of the above described property lying outside of the existing buildings. No interest is being conveyed to any portion of the building or building walls. Acc. No. 39 1E 9BC 500 and 600 John Schweiger Theodore H. and Lois E. Banke John F. and Leslie Shannon to the City of Ashland REAN I100. ! I000 901 700 MAP, 2 3 1990 .. ' ' :39 IE 9BC :':.:" DEED (For Street and Alley Purposes) For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the undersigned parties do hereby sell, transfer and convey unto the CITY OF ASHLAND, a municipal corporation of the State of Oregon, for street and alley purposes, the real property situated in the County of Jackson, State of Oregon, described as: Part of lots 39 1E 9BC 500 & 600, as more fully described on Exhibit "A" which is attached hereto and incorporated herein. The undersigned hereby warrant that said real property is free of easements, restrictions and encumbrances. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN ¥IOLATI0~ OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of , 1990. Theodore H. Banke John F. Shannon Lois E. Banke Leslie Shannon John C. Schweiger STATE OF OREGON County of Jackson On , 1990, personally appeared the above-named THEODORE H. and LOIS E. BANKE and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission expires: -1- Deed RBNALD L, SALTER ATTORNEY AT I--AW ASHLAND, F1REGFtN 9752r'l STATE OF OREGON ) : County of Jackson ) ss. On , 1990, personally appeared the above-named JOHN F. and LESLIE SHANNON and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission expires: STATE OF OREGON ) County of Jackson ) On , 1990, personally above-named JOHN C. SCHWEIGER and acknowledged instrument to be his voluntary act and deed. appeared the the foregoing Notary Public for Oregon My'Commission expires: -2- Deed RI-'INALD L. SALTER ATTORNEY AT LAW A~H/AND, EJI~E[~IN 975:~t1 EXHIBIT 'A' The westerly 5.00 feet of that tract of land described in instrument no. 88-06525 of the Official Records of Jackson County, Oregon and the easterly 5.00 feet of that tract of land described in instrument no. 86-25030 of the Official Records of said county and state and being more particularly described as follows: Commencing at the Northeast corner of Lot 4, Block 9 of the Official City of Ashland map adopted by the Council on the 5th day of November, 1888, also being on the Southwesterly right of way of East Main Street; thence Northwesterly along the Southwesterly right of way of said East Main Street, 94.0 feet to the True Point of Beginning; thence continue Northwesterly along said southwesterly right of way 10.0 feet; thence leaving said right of way in a Southwesterly direction and parallel to the Northeasterly boundary line of said Lot 4, 150.0 feet to the Northwesterly line of a 20 foot wide alley; thence Southeasterly along the Northwesterly line of said alley 10.0 feet; thence leaving said alley in a Northeasterly direction and parallel to Northeasterly boundary line of said Lot 4, 150.0 feet to the Point of Beginning. It is the intention of this instrument to describe and deed to the City all that portion of the above described property lying outside of the existing buildings. No interest is being conveyed to any portion of the building or building walls. Acc. No. 39 1E 9BC 500 and 600 John Schweiger Theodore H. and Lois E. Banke John F. and Leslie Shannon to the City of Ashland