HomeMy WebLinkAbout1998-142 Memo - Clover LaneCITY OF ASHLAND
Department of Public Works
Engineering Division
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 20, 1998
Paula Brown, Paul Nolte, Barbara Christensen
James H. Olson, Assistant City Engineer ~("~/
Vacation of Clover Lane
GENERAL:
Mr. Bob Robertson of Pacific Western LLC has assumed the Vern Ludwig development
plans for the Clover Lane area. The plans call for the relocation of Clover Lane further to
the east. A land partition plat has been prepared which will create a new 53 foot wide right
of way and cul-de-sac which will provide access to five new lots.
A vacation of the former Clover Lane right of way is required as a part of the development
plan. Petitions requesting the vacation have been received and verified (see attached).
As required by ORS Section 271.110, 100% of the abutting owners and 2/3 of the owners
of the surrounding area have signed the petition. The $500 filing fee was waived with the
original 1994 application.
PROCESS:
Perhaps Paul will want to review the street vacation requirements to see that we are
following proper procedures, however, I believe that the following actions are required:
1. Council to set a date for a public hearing. I assume that a resolution is
required to set the date and that Paul could prepare that.
2. The Recorder is to publish a notice of public hearing in the Tidings once
each week for two consecutive weeks prior to the hearing. The notice to
describe the area to be vacated, the name of at least one petitioner and the
date when the petition and any remonstrance will be heard. The description
of the area is attached as Exhibit A with the map as Exhibit B. The petitioner
to be notified is Bob Robertson, Pacific Western LLC, 835 Alder Creek Drive,
Medford OR 97501.
G:Dawn\Street\Clover Lane Vacation Instruction Memo.wpd
Within five days after the first notification, Engineering shall post a copy of
the notice at each end of the proposed vacation. The notice to be headed
"NOTICE OF STREET VACATION".
CONDITION:
The final approval of this vacation must be contingent upon the approval of the land
partition which will create the new right of way. The land partition, in turn is contingent
upon the relocation (or bonding for) all existing utilities.
REQUEST:
Would you please schedule a public hearing for this vacation on the City Council agenda
as quickly as possible.
In addition to the street vacation, Mr. Robertson has prepared a bargain and sale deed
which will transfer title to the vacated Clover Lane, following the vacation, to Vernon G. and
Ofelia Ludwig.
It will also be necessary for Council to approve and authorize the signing of this deed.
Paul may wish to review this document especially in the City approval section.
Attachments:
Petitions
Exhibit A & B
Deed
CC:
John McLaughlin
Bill Molnar
Pete Lovrovich
Everett Swain
G:Dawn\Street\Clover Lane Vacation Instruction Memo.wpd
PETITION
We the undersigned property owners residing on or near
cr, ov~.R T.,ANS do hereby petition the City Council to initiate
proceedings to vacate the above mentioned public right-of-way, being further described
as follows: (description)
SEE ATTACHED EXHIBITS A & B
We do further wan'ant that the signatures below represent one hundred percent (100%'0)
of the properties abutting the proposed vacation, and at least sixty-six and two thirds
percent (66-%%) of the affected area which lies within two hundred (200) feet on either
side and four hundred (400) feet from the ends of the public right-of-way proposed for
vacation:
NAME ADDRFSS TAX LOT NO.
i, ' 535 Clover Lane'
on . ~ 'a. ~ ' "
' ~~~'~,~~r~ 5,5 Clover Lane 900
5, ve~Dn ~ ~ Ofelta Ludwig 835 Ald~ C~k. Dr.
~' Mary =. Voris A~h]enS. OR ~*T~0 ~ 1300
7. 63~ Iowa ,Street 1400
Mary ~. Voris
8..
10.
County of Jackson )
)
I,~2 ne of the principal proponen[s of the proposed vacation do
hereby subscribe-and swear that the above signatures were taken in my presence and
. _ person owning property abutting or within the area affected
"-J" , Petitibner
PETITION
We, the under, gnarl property owners, residing on or near Clov~ Lane do hereby petition the City
Council to initiate proceedings to vacate a portion of the above mentior~ed public right-of-way, with zhe
£ol~owing scipulation_~:
Upon dedication of a re-al/r~ned Clov~ Lane right-of-way, the r~main/ng right-of-way of Clov~
I~n¢ adjacent to tax lot 39-1E-14A-900 and dedicated in volume 271 l~§C §48 and Volume $~ .pa~ 417
shown ou ~h~ a~ached Exhibit A ~hall be vacated.
We do further warrant tidal ~he signatures below represent 100~ of the prol~rtie.s abutting the
proposed vacation, and at lea.st 66~ % of the affected area which lies within 200 feet on eithe~ side and 400
fe~'t from th~ ends of the public right-of-way pwpo.s~ for vacation.
e
10.
uu7 PubHc /
Commission~,
~10/£0o[~ .~3..C/iO.LI.Y DblI(I'IllVR-3]iDAalt CttC ~11 It~ XV:I t~:60 Ilia 86/~T/~0
D/-',.TE FILED'_, 'JUL.29, 1998
We, the undersigm~ F:-operty owners, reziding on or n:.~ Clover Lpne do hereby p~tificn the City
Council to initiate proceedings to vacate a portion of the above mentioned public right-of-way, with the
following stipulations:
Upon dedication ,of a re--aligned Clover Lane right-of-way, t~he remaining right-of-way of Clover
Lane adjacent to tax lot 39-1E-14. A..900 a~d d_&ca~.zl in volume 271 page 548 and Volume 582. page 417
as shown on the attached Exhibit A shall be vacated.
We do further warrant that the signatures he.'..ow re'present P)0% of dxe pro?tries abutting the
proposed vacation, and at least 66~/~% of the affected ¢:ea which lies within 200 feet on either 'aide ?d 400
feet from the ends of the public right-of-way propos~ for vacation.
NAME:, ADDR.ESS TAX LOT NO.
County of Jackson )
State of Oregon )
proposed vacation do hereby subscribe and swear that tlne 0.bore signatures s/ere taken in my ~;resence and
are the signatures of the persons owning property abutting or within t_he area affected by the propoaed
vacation.
My Co
EXHIBIT A
EAGLE-EYE $I/RVEYING CORPORATION
(formerly Edwards Surveying & [,and Planning Inc.)
23 North Ivy Street, Medford
P.O. Box 4397, Medford, Oregon 97501-0170
Tel. (541) 776-2313 Fax. (541) 776-9978
DESCRIPTION FOR: Pacific Western LLC
August 11, 1998
VACATED PORTION OF CLOVER LANE: The Southerly portion of that
street known as Clover Lane ~ranted to the City of Ashland,
Jackson County, Oregon in Volume 271, Page 548, Deed Records,
said County arid State and in Volume 582, Page 417, said Deed
Records and in Document Number 88-28029, Official Records,
said County and State, bein~ more particularly described as
follows:
Commencing at a point on the East line of Government Lot
1, in Section 14, Township 39 Sonth, Range 1 East of the
Willamette Meridian, Jackson County, Oregon, which is South
0~00'02" West a distance of 413.43 feet from the Northeast
corner of said Lot 1; thence West a distance of 486.87 feet
to a point on the Westerly Right ol' Way line of Clover Lane
as described in Volume 271, Page 548, Deed Records, said
County and State, said point also being the TRUE POINT OF
BEGINNING; thence South 00~02'16" West, a distance of 346.73
feet to the Easterly Right of Line of Interstate Highway
Number 5, as described in Volume 509, Page 241, said Deed
Records; thence South 23°46'18" East, along said Easterly
Right of Way line, a distance of 127.15 feet; thence
continuing along last said Right of Way line South 18'06'12"
East a distance of 7.73 feet to a point on the South line
of that tract described in Volume 272, Page 618, said Deed
Records; thence East, along last said South line, a distance
of 49.21 feet; thence North 18~06'12" West a distance of
27.67 feet; thence North 23~46'18" West a distance of 161.83
feet; thence North 00~02'16" East a distance of 296.05 feet;
thence West a distance or' 29.00 feet to the point of
beginning.
·REGISTERED
PROFESSIONAl'
LAND SURVEYOR
OREGON /
Expires 12/31/99
Ill
PROP D ~'CLOVER:LN RE-ALIGNMENT.-
5 8
RR,5
~' ~'> '~CALE: 1 = 200'
FACSIMILE
(5411 772-3443
LAVv' OFFICE OF
BOB ROBERTSON
835 ALDER CREEK DRIVE
SUITE A
MEDFORD, OR 97504-8900
August 18, 1998
TELEPHONE
(541) 772-3442
James H. Olson, Assistant City Engineer
The City of Ashland
City Hall
20 East Main Street
Ashland OR 97520
Re: Vacation of Clover Lane
Dear Jim:
According to Russ Braughton, Eagle-Eye Surveying, you need a
letter from the owner of Tax Lot 1200 for your file relating to
the roadway easement to be granted over and across Tax Lot 1200.
Simultaneous with the vacation of the old Clover Lane and
relocation and the filing of the final plat, the owners of Tax
Lot 1200 will grant a roadway and utility easement, 30 feet in
width, over and across Tax Lot 1200 to provide roadway access as
well as for the installation of utilities to benefit Tax Lots
1300, 1400, 1500 and 1601.
This letter is written to confirm that such an easement will be
recorded simultaneous with the vacation of the old Clover Lane
and filing of the final plat.
Sincerely,
BOB ROBERTSON
bf
CC:
Ronald Brenneman
After Recording Return to:
Until a change is requested,
all tax statements shall be
sent to the following address:
BARGAIN AND SALE DEED
CITY OF ASHLAND, a municipal corporation, Grantor, conveys
to VERNON G. LUDWIG and OFELIA LUDWIG, husband and wife,
Grantees, all of its right, title and interest in and to the
following described real property:
VACATED PORTION OF CLOVER LANE: The Southerly portion
of that street known as Clover Lane granted to the City
of Ashland, Jackson CountY, Oregon in Volume 271, Page
548, Deed Records, said County and State, and in Volume
582. Page 417, said Deed Records, and in Document
Number 88-28029, Official Records, said County and
State. being more particularly described as follows:
Commencing at a point on the East line of Government
Lot 1, in Section 14, Township 39 South, Range 1 East
of the Willamette Meridian, Jackson County, Oregon,
which is South 0° 00' 02" West a distance of 413.43
feet from the Northeast corner of said Lot 1; thence
West a distance of 486.87 feet to a point on the
Westerly right of way line of Clover Lane as described
in Volume 271, Page 548, Deed Records, said County and
State, said point also being the TRUE POINT OF
BEGINNING; thence South 00° 02' 16" West, a distance of
342.73 feet to the Easterly right of way line of
Interstate Highway Number 5, as described in Volume
509, Page 241, said Deed Records; thence South 23° 46'
18" East, along said Easterly right of way line, a
distance of 127.15 feet; thence continuing along last
said right of way line South 18° 06' 12" East a
distance of 7.73 feet to a point on the South line of
that tract described in Volume 272, Page 618, said Deed
Records; thence East, along last said South line, a
distance of 49.21 feet; thence North 18° 06' 12" West a
distance of 27.67 feet; thence North 23° 46' 18" West a
distance of 161.83 feet; thence North 00° 02' 16" East
a distance of 296.05 feet; thence West a distance of
29.00 feet to the point of beginning...
The true and actual consideration for this transfer, stated
in terms of dollars, is $0. However, the actual consideration
consists of or includes other property or value given or promised
which is the whole consideration.
NOTE: THIS INSTRUMENT WILL NOT ALLOW USE OF
THE PROPERTY DESCRIBED 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 AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS
30.930.
ORS 93.040 DISCLOSURE. THE PROPERTY ·
DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND
USE LAWS AND REGULATIONS, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION
OR SITING OF A RESIDENCE AND WHICH LIMIT
LAWSUITS AGAINST FARMING OR FOREST PRACTICES
AS DEFINED IN ORS 30.930 IN ALL ZONES.
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 AND EXISTENCE OF FIRE
PROTECTION FOR STRUCTURES.
Dated this day of , 1998.
CITY OF ASHLAND
By:
2 - Bargain and Sale Deed
STATE OF OREGON )
COUNTY OF JACKSON )
, 1998
Personally appeared , who,
being duly sworn, did say that he is the
of the City of Ashland, Jackson County, Oregon, and acknowledged
that he executed the foregoing instrument for the uses and
purposes therein expressed freely and voluntarily.
Before me:
Notary Public for Oregon
My commission expires:
3 - Bargain and Sale Deed