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Home My WebLink About1992-52 Terminate Public EasmntRESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND TERMINATING A PUBLIC EASEMENT BY QUITCLAIM DEE!D THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The ten-foot wide electrical easement as recorded in Volume 228, Page 413 of Jackson County Deed Records, is not needed for public use and therefor may be relinquished by quitclaim deed to Bruce Barrett. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the ~ ~ day of ~-~//~ j , 1992. -- - ~ City Recorder SIGNED and APPROVED this ~/~day of .~~J ., 1992. Catherine M. Golden Mayor Rev~~~s~~ Paul Nolte City Attorney (d: \counc i [ \ resos92\easement. Res ) QuITcLAIM DEED (CORPORATION) FTER RECORDI~4G F',ETUR~J TO: Z~ ~ERIOAN PACI~C TITLE ~.~~ ( .... ~ THE CI~ OF ASHL~D, A ~ICIPAL CO~O~TI~ ~ I~ I~ ~ H O~ a OREGON corporation, releases and quitclaims to BRUCE BARRETT (State of incorporation) '. all our right, title, and inierest, if any in that Easement recorded-in 'Volume 22-8, Page 413 of the Jackson County Deed records located on the realpropertysituatedin Jackson County, State of Oregon, described as: Parcel 2 of Minor Land Partition No.: P-125-1991, Filed December 10, 1991 in Jackson County, Oregon, Index volume 2, Page 125 and County surveyor File No.: 12770. (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland may have acquired from the California Oregon Power Company by that easement, Recorded December.13, 1940 in Volume: 228, Page 413 in the official records of Jackson County, Oregon, for transmission and distribution of electricity over the above described property. ~ T.b.~}~.u.e and actual consideration for this transfer is $ ..... .., ,,,., of ~~ ~io lnn~rum~" ' ~'~ f tho property described. this Inctr~ )pticable laws gulaJions. F~eJore sJgJf~ or accepting [his insJrument,.the ~rson acquiring leo lille to ~he properly should check 'wlJh o al)propriale cily or coun[y Planning .Dept. 1o verily the eyed us6s. 0.00 /City council in open meetinq of ~7~bg~ the ~r~r~-~--B+re~to~, with the seal of' said ,~,~ ~ , 1992 corporation affixed, this STATE OF OREGON, County of Jackson ) ss. Brian Almquist, Steve Hall James H. Olson, Assistant City Engineer Termination of Electrical Easement near Paradise Lane We have received yet another request for termination of an existing easement, this being an electrical easement located across property owned by Bruce Barrett on Paradise Lane. The easement is a ten foot wide electrical easement granted to the California Oregon Power Company in 1940 (recorded in Volume.228, Page 413) and is located as shown on the attached map. Newly acquired easements running along boundary lines enable this easement to be terminated. Approval has been received from Paul Nolte and A1 Williams. (see attached memo). A quitclaim deed has been prepared by American Pacific Title & Escrow Company which would terminate the City's right, title and interest in the easement to Bruce Barrett. Could this deed be presented to the council for their approval and a resolution prepared authorizing the Mayor and Recorder to sign. The escrow closing is pending on this property and both the owner and the buyers are hoping for a quick remedy. Would it be', possible to schedule this for the meeting of the 20th of October? If you require further information, please contact me. JHO: rs\~,~.~u2.mcm Attachments CC~ A1 Williams Paul Nolte ORIGINAL DOCUMENTS TO BRIAN American Pacific Title & Escrow Company 346 East Main Street Ashland, Oregon 97520-1833 (503) 488-0778 October 9, 1992 City of Ashland Attn: Jim Olson Re: Escrow No.: 705771 Parties: Barrett/Duncan Property: Paradise Lane Ashland, OR 97520 Dear Jim, Per your request, I am enclosing a newly revised QuitClaim Deed that needs to be executed by Cathy Golden and Nan Franklin. Once this deed has been executed, please contact me at the number listed above and I will have someone pick up said deed for recordation. I appreciate your assistance in this matter. Sincerely, A~erican Pacific Title and Escrow Company Ev~/Ziemba Escrow Officer Branch Manager Encl. Am.er. ican Pacific Title & Escrow Company 346 East Main Street Ashland, Oregon 97520-1833 (503) 488-0778 TO: SCRIVENER INSTRUCTIONS AMERICAN PACIFIC TITLE & ESCROW CO. 346 E. MAIN STREET ASHLAND, OR 97520 Amer'ican Pacific Title and Escrow Company is instructed to prepare a Transamerica form QUITCLAIM DEED from The City of Ashland, a municipal Corporation to Bruce Barrett. There shall be a "0"~ .. conveyance placed on this deed, · The legal description to be'Used is Parcel 2 of Minor Land Partition No.: P-125-1991, filed December 10, 1991 in Jackson County, Oregon ' Index Volume 2, Page 125 and County Surveyor File NO.: 12770. (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland may have acquired from the California Oregon Power Company, Recorded December 13, 1940 in Volume: 228, page 413 in the official records of Jackson County, Oregon, for the transmission and distribution of electricity over a portion of the NW Quarter of the° SE Quarter of Section 15. You are hereby instructed .to record this deed in the official records. '-, .,.. · It is understood and acknowledged that there shall be no title report nor subsequent title policy issued insuring 'the parties hereto, and that no representation, expressed or implied, has been made as to the condition of the property being transferred herein and that American Pacific Title and Escrow Company shall be held harmless from any liability or responsiblity regarding said property. ~' IT IS HEREIN UNDERSTOOD THAT AMERICAN PACIFIC TITLE AND ESCROW is · acting as a scrivener only and has not given any'advice or interpretation of the affect of these documents to the undersigned. The undersigned have/has been advised to seek legal advice to ensure that their interest are being met and /or secured. The undersigned parties hereby acknowledge that they have read and reviewed the documents as drawn to content and accuracy and hereby hold American Pacific Title & Escrow Company harmless from any liability IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS, ican Pacific Title & Escrow Company Am.e,,r. can //21 Pacific l~ ) Title&EscrowCompany 346 East Main St. Ashland, Oregon 97520 (503) 488-0778 EVA ZlEMB^ Branch Manager August 26, 1992 · City of Ashland Engineering Department 20 E. Main Street Ashland, Or 97520 Attn: Jim Oison City Engineer Re: .. t. · . .. Escrow NO.: 705771 Parties: BARRETT/DUNCAN Property: Lot on Paradise Lane Dear Jim, Per our telephone conversation today, I am enclosing a Quitclaim deed that will need to be signed by the appointed officers for the City of Ashland, removing the easement from the above property. Please notify my office once the enclosed deed has been executed so that I may record this deed in our escrow transaction. If you have any questions, or if I can be of further assistance, please -do not hesitate to contact our office. I appreciate your assistance in this matter. ,. . . Sincerely, American Pacific Title and EscrOw Company Ev~ba Escrow Officer Branch Manager Encl. :~ RESOLUTION NO. PP-.T~ A RESOLUTION OF THE CITY OF ASHLAND TERMINATING A PUBLIC EASEMENT BY QUITCLAIM DEED THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The ten-foot wide electrical easement as recorded in Volume 228, Page 413 of Jackson County Deed Records, is not needed for public use and therefor may be relinquished by quitclaim deed to Bruce Barrett. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the ~ day of ._~~~/_~ ~ , 1992. Nan E. F~anklin City Recorder SIGNED and APPROVED this ~/~ day of 1992. Catherine M. Golden Mayor Paul Nolte city Attorney (d: \counc ~ [ \resos92\easement. Res) 92-32333 THE CITY OF ASHLAND, A MUNICIPAL CORPORATION .A~ERICAN PACI~C ~'ITLE :~ct ~ I~ b H ~'2.., QuITcLAIM DEED (CORPORAT )AFTER RECORDING RETUR,~.I TO: OREGON corporation, releases and quitclaims to BRUCE BARRETT (State of incorporation) , all our right, title, and interest, if any in that Easement recorded in Volume 228, Page 413 of the Jackson County Deed records located on the real property situated in Jackson County, State of Oregon, described as: Parcel 2 of Minor Land Partition No.: P-125-1991, Filed December 10, 1991 in Jackson County, Oregon, Index volume 2, Page 125 and County surveyor File No.: 12770. (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland may have acquired from the California Oregon Power Company by that easement~. Recorded December.13, 1940 in Volume: 228, Page 413 in the official records of Jackson County, Oregon, for transmission and distribution of electricity over the above described property. ~ 'ue and actual consideration for this transfer is $ 0.00 /City council in open meetinq of ~7~bg~ the ~r~--of--E)-h'ectcrrs, with the seal of said f the .property described.. )plicable land use laws ~anU'. or accepting this instrument, the con acquiring fee lille to ,lhe property should check 'with appropria[e cily or county Planning .Dept. lo verify the ap- red uses. ,~¢ , 1992 corporation affixed, '~m~'~L'TN (R~COm>ER) this -P-~es-iele~t.- STATE OF OREGON, County of Jackson ) SS. 12 October 1992 Brian Almquist, Steve Hall James H. Olson, Assistant City Engineer Termination of Electrical Easement near Paradise Lane We have received yet another request for termination of mn existing easement, this being an electrical easement located across property owned by Bruce Barrett on Paradise Lane. The easement is a ten foot wide electrical easement granted to the Califorrtia Oregon Power Company in 1940 (recorded in Volume.228, Page 413) and is located as shown on the attached map. Newly acquired easements running along boundary lines enable th!is easement to be terminated. Approval has been received from Paul Nolte and A1 Williams (see attached memo). A quitclaim deed has been prepared by American Pacific Title & Escrow Company which would terminate the City's right, title and interest in the easement to Bruce Barrett. Could this deed be presented to the council for their approval and a resolution prepared authorizing the Mayor and Recorder to sign. The escrow closing is pending on this property and both the owner and the buyers are hoping for a quick remedy. Would it be possible to schedule this for the meeting of the 20th of October? If you require further information, please contact me. JHO: rS\barrea2.mem Attachments CC: A1 Williams Paul Nolte ORIGINAL DOCUMENTS TO BRIAN merican Pacific Title & Escrow Company 346 East Main Street Ashland, Oregon 97520-1833 (503) 488-0778 October 9, 1992 City of Ashland Attn: Jim Olson Re: Escrow No.: 705771 Parties: Barrett/Duncan Property: Paradise Lane Ashland, OR 97520 Dear Jim, Per your request, I am enclosing a newly revised QuitClaim Deed that needs to be executed by Cathy Golden and Nan Franklin. Once this deed has been executed, please contact me at the number listed above and I will have someone pick up said deed for recordation. I appreciate your assistance in this matter. Sincerely, ~.~m~rican Pacific Title and Escrow Company EV~zZ i emba Escrow Officer Branch Manager Encl. r /, Am.er. ican I Pac f, c [ [/ ) Title & Escrow Company 346 East Main Street Ashland, Oregon 97520-1833 (503) 488-0778 SCRIVENER INSTRUCTIONS TO: AMERICAN PACIFIC TITLE & ESCROW CO. 346 E. MAIN STREET ASHLAND, OR 97520 · American Pacific Title and Escrow Company is instructed to prepare a Transamerica form QUITCLAIM DEED from The City of Ashland, a municipal Corporation to Bruce Barrett. There shall be a ,0" conveyance placed on this deed, The legal description to be Used is Parcel 2 of Minor Land Partition No.: P-125-1991, filed December 10, 1991 in Jackson County, Oregon Index Volume 2, Page 125 and County Surveyor File NO.: 12770. (Map 391E15D Tax Lots: 902 & 1103) The purpose of this deed is to remove any and all interest that the City of Ashland may have acquired from the California Oregon Power Company, Recorded December 13, 1940 in Volume: 228, page 413 in the official records of Jackson County, Oregon, for the transmission and distribution of electricity over a portion of the NW Quarter of the° SE Quarter of Section 15. You are hereby instructed .to record this deed in the official records. '-' ~,.. · It is understood and acknowledged that there shall be nc. title report nor subsequent title policy issued insuring 'the parties hereto, and that no representation, expressed or implied, has been made as to the condition of the property being transferred herein and that American Pacific Title and Escrow Company shall, be held harmless from any liability or responsiblity regarding ,:'.aid property. ~' IT IS ~EREIN UNDERSTOOD THAT AMERICAN PACIFIC TITLE AND ESCROW is · acting as a scrivener only and has not given any'advice or interpretation of the affect of these documents to the undersigned. The undersigned have/has been advised to seek legal advice to ensure that their interest are being met and /or secured. The undersigned parties hereby acknowledge that they have read and reviewed the documents as drawn to content and accuracy and hereby hold American Pacific Title & Escrow Company harmless from any liability IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS, OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO, THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT, WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. BRUCE BARRETT THE CITY OF ASHLAND, A MUNICIPAL OREGON CORPORATION BY: . f / Am.er. ican //;J Paclf,c ~,, l/ Title & Escrow Company [ ~ ~Am.e~:~can ~ //~1 Pacific (f' J Title & Escrow Company 346 East Main St. Ashland, Oregon 97520 EVA ZlEMBA (503) 488-0778 Branch Manager August 26, 1992 , City of Ashland Engineering Department 20 E. Main Street Ashland, Or 97520 Attn: Jim Oison City Engineer Re: Escrow NO.: 705771 .... !. Parties: BARRETT/DUNCAN ' ' Property: Lot on Paradise Lane Dear Jim, ' 'v Per our telephone conversation today, I am enclosing a Quitclaim deed that will need to be signed by the appointed officers for the City of Ashland, removing the easement from the above property. Please notify my office once the enclosed deed has been executed so that I may record this deed in our escrow transaction. .. If you have any questions, or if I can be of further assistance, please -do not hesitate to contact our office. I appreciate your assistance in this matter. Sincerely, .... '...;r' American Pacific Title and Escrow Company Escrow Officer Branch Manager .,. Encl. em ran um 28 August 1992 A1 Williams, Paul Nolte James H. Olson, Acting Public Works Director~x~ ~ -%./ Termination of Electrical Easement near Paradise Lane We have received yet another request for termination of an electrical easement located across property on Paradise Lane. The easement is a ten foot wide electrical easement which was granted to the California Oregon Power Company in 1940 (recorded in Volume 228, Page 413) and is located on the property as shown on the attached map. Would you please let me know your feelings on the following questions: AL WILLIAMS -- Is this line now unnecessary with the new easements lines recently installed on Paradise Lane? Do you know of any reason why we should not terminate the old easement? PAUL NOLTE -- Is the form of the quitclaim deed acceptable? I have made some suggested alterations; do you have anything else which should be changed? Any comments as to procedure etc? If there are any comments or questions, I would be happy to pass them along to the title company. · Attached 'cc: Brian Almquist parad.eas c~ Z59.01' ~ Line PARADISE LANE No*oo'zs'Y ~7~.~' /.. ~ ~ I ~.- ~~..tL~P' / ................... ............................................. O ' ~ k~ V