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Home My WebLink About1988-030 Quitclaim Deed - HainesTO: The Mayor and Members of the Common Council DATE: June 6, 1988 FROM: Ronald L. Salter SUBJECT: City Attorney Party Wall Agreement Adjacent to Bluebird Park Ladies and Gentlemen: The City is a benificiary of a Party Wall Agreement concerning a building wall adjacent to Bluebird Park. A Party Wall Agreement is one where a wall is on the property line and owners on each side have agreed that each may use the wall to support a building. There is such an agreement dating back to 1909 with respect to Bluebird Park and we are being asked to give up our interest and rights in that agreement. Public Works has reviewed the request and finds no reason to maintain our interest in that agreement and, thus, it is suggested that the Mayor and Recorder be authorized to execute the Quitclaim Deed, a copy of which is attached, which would terminate the City's interest in that agreement. ~ctfull~b~mitted, R~A~LD~L. ~ City Attorney RLS/kr Attachment REINALD L. SALTER ATTORNEY AT LAW ~)4 THIRD STREET ASHLAND, nREBFIN 975:~n --QUITCLAIM DEED IIndivldual or '~l~rate), .~.,EN$-'~ESS UAW ~um_:sH,'~a ¢0. oO~T~.AN-~ O" ~:Z,;4 KNOW ALI. zUEN BY THESE PRESENTS, That ...... T. HE. C!.T.Y._gF...,_A.S.I~LAND,..0.RE.GON.,.._a ...... /.~) . . _ .... municipal .corporation .................................................. hereinafter called grantor, for the consideration hereinafter stated, does hereby remise, release and quitclaim unto ..LLOYD .~ .... HAINES ....... hereinafter called grantee, and unto grantee's heirs, successors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any- wise appertaining, situated in the County of ....... .JacksoR . . , State of Oregon, described as follows, to-wit: ANY AND ALL RIGHT, TITLE, AND INTEREST IN AND TO THAT CERTAIN PARTY WALL AGREEMENT DATED MARCH 10, 1909, RECORDED MAY 5TH, 1909, IN VOL. 69, PAGE 454, DEED RECORDS OF JACKSON COUNTY, OREGON. (iF SPACE iNSUFFICiENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ ~0 ............... 'DHowever, the actual consideration consists of or includes other property or value given or promised which is the whole part of *.he consideration (indicate which).~ (The sentence between the symbols ~, it not applicable, should be deleted. See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereoi apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this ....... day of __ May .................. ,19..~..; if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board oi directors. THIS iNSTRUMENT WILL NOT ALLOW USE Of THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR 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. STAT~ OF OREGOn, ) County Of .............................. ) .................................................. , 19 ...... Personally appeared the above named ........ . and acknowledged the foregoing instru- ment to be voluntary act and deed. Nol~ Public .tot CIZY. 0E ASHLAND ........................................ j I I C I_T Y___OF.,._~S I-JLAND ................................................................ ........................ STATE OF O~EGO1V, County of ..... Jacksoi~ )ss. ............. [~.~ ................... 1988. . Personally appeared ...... L,...Gordon ~!edar.i s ...... .... Nan .E, .. F.t~.ank_l.in ......................... who, being duly swor,~. each for himself and not one lot the other, did say that the former is the .Ma~r ............................ ~ri~e~t and that the latter is the .C.~.ty. Reco.r.de~ .................. secretary off .. City.. o-f .Ash] and,..O.tTegmn, ......................... a.munic i.p al .. ~< corporation. and that the seal aft/xed to the toregoi~g instrument is the corporate seal of said corporation and that said instrument was signed and sealed in halt of said corporation by authority off its board off directors; and each of them acknowledged said instrument to be its voluntary act and deed. /Before me: 'o,ary kb,lc ,or Oregon My commission expires: ,, '- ,',~ - /'''/', (If executed by a corporation, ~ - affix corporate seal) STATE OF OREGON, REFERENCE DATE GROSS AMOUNT DISCOUNT REFERENCE DATE GROSS AMOUNT DISCOUNT 06-01-60437 6-13-88 $5.00 RECORD QUIT CLAIM DEED - PARTY HALL IN B].UE BIRD PARK ~ Of ~9~1~ 23790 6-13-88 $*******5.00 ASHLAND. OREGON 97520 VENDOR # CHECK NO CHECK DATE CHECK AMOUNT PAY ( it§ nf CITY HALL ASHLAND, OREGON 97520 FIRST INTERSTATE BANK OF OREGON, N.A. 24-12 ASHLAND BRANCH 1230 ASHLAND. OREGON 97:520 D^TE JUNE 13, 1988 *****5 DOLLARS AND NO CENTS*** --03, 23720 CHECK AMOUNT $********5.00 TO JACKSON CO. CLERK ,'0 2 5 ? 20,' FORM No, 721--QUITCLAIM DEED (Individual or Curpurate}. QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, That ..... THE. ~ ¥¥..0E..ASHLAND,...OREGON,. ~ ...... ..... _El_u_.~ ~ g ~ p ~a ]_._ .c._o.r po)? a_tj.0n .............................................................................................. hereinafter called grantor, for the consideration hereinafter stated, does hereby tern/se, release and quitclaim unto ..... LLOYD hereinafter called ~rantee, and unto i~rantee's heirs, successors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditarnents and appurtenances thereunto belonging or in any- wise appertaining, situated in the County of ............ _J~cksoB ............. State of Oregon, described as follows, to-wit: ANY AND ALL RIGHT, TITLE, AND INTEREST IN AND TO THAT CERTAIN PARTY WALL AGREEMENT DATED MARCH 10, 1909, RECORDED MAY 5TH, 1909, IN VOL. 69, PAGE 454, DEED RECORDS OF JACKSON COUNTY, OREGON. {IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms 0£ dollars, is $ -_0- . · (DHowever, the actual consideration consists of or includes other property or value given or promised which is the whole part o! the consideration (indicate which).~) (The sentence between the symbols (D, it not applicable, should be deleted. See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this .......... day of .... M~y ,19 88 .; H a corporate grantor, it has caused its name to be signed and seal affixed by its offi~rs, duly authorized thereto by order et its board of directors. ~ I .l . UL ~i]~I~ ................................... THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING ............. PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR BY: COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. STATE OF OREGON, ) County Gl ........................................................) Personally appeared the above named ..................... ......... and acknowledged the tore~,oin~, instru- ment ~o be ............................... voluniar~ acl a~d deed. (OFFICIAL ,/~ - ~ ~ / I. ~ '~o~,f~og~e~..:,~.~ ' 1 ~ ,~y Comr. J~ssion Expires ¢-~--~0 / STATE OF OREGON. County et ............. Jack son ) ss. ............... May. .......................... ~8~ ..... Personally appeared ........ L,...Gord0n Medaris . and ........ Nan E ..... Frank. l ~n ................................. who, bein~dulys~orn, each tor himself and no/ one for the other, did say that the former is the · Ma~" .................................. l~r~.~Y~e)~t and that the latter is the .... C~ty. Reco~de~ ......................... secretaryof City of . .._As h].and,...Oc.egan, ......................... a.. mu n ic.i pa ]., x corporation, and that the seal aftixed to the foregoing, instrument is the corporate seal of said corporation and that said instrument was signed and sealed in be- halt of said corporation by authority of its board of directors; and each et them ~acknowledged said instrument to be its voluntary act and deed. l Bet.ore me :'t -- Notary ~ublic tot Oregon . · / . ~ . Iii executed by a corporation, My commission expzres: ~' - /~ ° ~ ~ affix corporate seall C II¥ OE ASHLAND ................................................................................... HA I NES After recording return to: ~]aekson-..C--ount-y-.-T.i.~.l.e .......................................................................... NAME, ADDRESS, ZiP Until a change is requested all tax statements shall be sent to the following address. SPACE RESERVED FOR RECORDER'~ STATE OF OREGON, ] County of ..........................~,[ss' I certify that the within instru- ment was received for record on the .............. day of ........................ , 19 ......... at .................... o'clock .... M., and recorded in book~reel~volume No ............... on page .................... or as document/fee/file/ instrument/microfilm No ................... Record of Deeds of said county. Witness my hand and seal of County affixed. NO--.C-HA-NGE ................................................................................................................ . ........ ii .................... ~ ~'"'; :';~'~'~';~;';;;:'~;~ .................................................... By ...............................Deputy