HomeMy WebLinkAboutOregon/Madrone St. - Alley Vacation
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Jackson County Official Records 2005-04974c
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01135088200500497490040049
Kathleen S, Beckett - County Clerk
L Kathleen S. Beckett, County Clerk for Jackson County, Oregon
certlfythallhe Instrument identified herein was recorded in the Clerk
records
ORDINANCE NO. '2 q \ 1-
AN ORDINANCE VACATING A PUBLIC ALLEY BETWEEN OREGON STREET AND
MADRONE STREET
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The public alley between Oregon Street and Madrone Street as more
particularly described on the attached Exhibit A is vacated.
SECTION 2. As a condition of approval of this vacation the applicant shall grant to the
City of Ashland a public pedestrian access easement to be located with the Madrone
Street Housing Development at a mutually acceptable location.
The foregoing ordinance was first READ on the
2004,
/~
ke-
of
PASSED and ADOPTED this \\ 0 day of NOVf'mbe.r. 2004.
~
Barbara Christensen. City Recorder
SIGNED and APPROVED this
11 day of No v",..,.,bQ\ . 2004.
~c~/
Alan W. DeBoer, Mayor
State of Oregon )
County of Jackson )
Signed before me on JJ(J,/~ 17 ltJot!
Mtc.t1L Clwst4l.SU'- .
. by ArM Dc~
. and
Nota", S~"'t""" ~i./J1.. ~~~
My Commission Expires '/- tor Of,
. OFFtCtALSEAL
. SONJA N AKERMAN
\ ! NOTARY PUBLIC. OREGON
\.. .... COMMISSION NO. 355829
.. ... MY COMMIS~ON EXPIllES APIIIl 6. 2006
;.1''''';- '""
CITY OF
ASHLAND
June 7, 2004
Ashland Daily Tidings
Classified - Legal Notices
Attn: Shannon
Please publish the attached on Wednesday, June 9th and Monday, June 14th.
Refer to P.O. 52885
Questions? Please call Barbara Christensen at 488-5307
Barbara Christensen
City RecorderfTreasurer
20 E Main Street
Ashland. Oregon 97520
www.ashland.or.US
christeb@ashland.or.us
Tel: 541-488.5307
Fax: 541-552-2059
TTY: 800-735-2900
r~'
NOTICE OF PUBLIC HEARING
Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 271.150, the City Council of the
City of Ashland will conduct a public hearing on June 15,2004 at 7:00 p.m. in the Council Chambers, 1175
East Main Street, Ashland, Oregon to hear the petition for, and any objections to, the vacation of an alley
between Oregon Street and Madrone Street.
PETITION
Date Flted: 9- I {7 / tXf
We the undersigned property owners reslcllng on or near an aUey located between
Oregon aoo Madrone Streets do hereby petition the CIty Council to Initiate proceedings 10
vacate the above mentioned public right-of-way, being further described 8S follows:
All of that thirteen fool wide alley dedicated to the City of Ashland on the plat of
the Meikle and Payne Addition filed for record on August 6,1910 and recorded
In Volume 2, Page 44 of the Plat Records of Jackson CoUflty Oregon.
Said alley being west of and contiguous to lots 25 through 32 of Block 0 of said
Meikle and Payne Addition.
We do further warrant that the signatureS below represent 100% of the properties
abutting the proposed vacation and at least 66 2/3% of the affected area which lies within 200
feet on either side and 400 feet from the ends of the public right-of-way proposed for
vacation.
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Southe.rn Oregon University 1250SbktyouBlvd 3911 lSaATL's
900
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>600
39 IE 158B n.
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PUBLISH:
June 9, 2004 and
June 14, 2004
BY:
Barbara Christensen
City Recorder
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EXHIBIT A
DESCRIPTION OF ALLEY TO BE VACATED
A public alley within the City of Ashland, Jackson County, Oregon located
between Oregon and Madrone Streets and being further described as follows:
All of that thirteen foot wide alley dedicated to the City of Ashland on the plat of
the Meikle and Payne Addition filed for record on August 6, 1910 and recorded in
Volume 2, Page 44 of the Plat Records of Jackson County Oregon.
Said alley being west of and contiguous to lots 25 thorugh 32 of Block D of said
Meikle and Payne Addition.
June 7, 2004
Alley Vacation
.!)-
G:\pub-wrks\admin\PB Council\Street Easement Tenninations\CC Madrone Oregon Alley SOU Vacation Description 6 04.doc
NAME OF PARTIES GRANTOR: OREGON STATE BOARD OF HIGHER EDUCATION
GRANTEE: CITY OF ASHLAND
DOCUMENT TO BE RETURNED TO: BARBARA CHRISTENSEN, CITY RECORDER
20 E MAIN STREET, ASHLAND OR 97520
TRUE & ACTUAL CONSIDERATION NONE
UNTIL A CHANGE IS REQUESTED, SEND TAX STATEMENT TO: NOT APPLICABLE
Easement
The STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCTION on
behalf of Southern Oregon University, hereinafter "GRANTOR," does hereby grant and convey unto the
City of AsWand, Oregon, hereinafter "GRANTEE," an Oregon political jurisdiction with offices at 20 E.
Main Street, AsWand OR 97520, an easement for the purpose of constructing, maintaining, replacing,
reconstructing a public pedestrian access way within, and upon the following described real property of
GRANTOR, in Jackson County, State of Oregon to wit:
A 10.00 foot wide pedestrian easement located in the northwest quarter of Section 15, Township
39 South, Range I East of the Willamette Meridian, City of Ashland, Jackson County, Oregon
and being 5.00 feet on each side of the following described centerline:
Commencing at the southeast comer of Lot 8, Block F of the Fairview Addition, now of record in
Volume 3, Page 5 of Plats in Jackson County, Oregon, said southeast comer is monumented with
a %" iron pipe as shown on Survey Number 17985 on file with the Jackson County Surveyor;
thence South 89043 '26" East, along the northerly right-of-way line Oregon Street, a distance of
9.00 feet to the True Point of Beginning; thence North 00009'01" East 296.32 feet; thence North
19030'41" East 42.64 feet; thence South 89050'59" East 12.63 feet; thence North 00009'01" a
distance of72.57 feet, more or less, to the southerly right-of-way line of Madrone Street and
Point of Terminus for this easement.
The GRANTEE, its licensees, successors, and assigns shall have the right of ingress and egress necessary
for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all rights
and privileges incident thereto.
Grantor shall construct a pedestrian path within the stated easement area as required under City of
AsWand Planning Action No. 2004-025. All construction shall be in accordance with City of AsWand
standards and shall be subject to approval by the City Planning and Public Works Departments.
GRANTOR shall have the right to use the land subject to the above-described easement for all purposes
consistent with the uses and purposes of the property and not inconsistent with the uses ofthe easement.
GRANTOR shall not build or erect any structure upon said right-of-way without the prior written consent
of GRANTEE.
GRANTEE agrees to indemnify and hold hannless GRANTOR and the members, officers, employees
and agents of the Oregon State Board of Higher Education against any and all damages, claims, demands,
actions, causes of action, costs and expenses of whatsoever nature which may result in an injury to or
death of any person(s) or from the loss of or damage to property of any kind of nature, when such il\iury,
loss, death, or damage is due to the tortuous acts of GRANTEE, its officer, agents and employees acting
within the scope of their employment duties.
All rights hereunder shall cease and the easement shall terminate if and when said easement area ceases to
be used for a public pedestrian way.
)
This easement is granted subject to all prior easements or encumbrances of record on the above described
property.
.;vJ/14 ~
DATED this .-<- .. _ day of - "L, 2005.
)
STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf
of SOUTHERN OREGON UNIVERSITY
/~&~UY(7) 4m" t~L
Cont cts Officer
STATE OF OREGON)
County of Jackson ) 0-\
..-:rhis in~trument,.was ~~knpwledged before me on this ~'" day of ~ W. , 2005 by
l:: \\ Z9-b~ ~~as Contracts Officer of South em Oregon Universit
~~4<.\:\~
Notary Public for Oregon
My Commission Expires:~ 2. ~DLe
. ~ ,,~ ~
:l'.. OFFICIAL SEAL
"~ RHONDA K HANEY
': " ~IOTA1Y PUBLIC - OREGON
..'. ... COMMISSION NO. 357645
~ .....-..... MY COMMISSION EXPIRES MAY 8. 2006
.. .
~<
+
EXHIBIT A
DESCRIPTION OF ALLEY TO BE VACATED
A public alley within the City of Ashland, Jackson County, Oregon located
between Oregon and Madrone Streets and being further described as follows:
All of that thirteen foot wide alley dedicated to the City of Ashland on the plat of
the Meikle and Payne Addition filed for record on August 6,1910 and recorded in
Volume 2, Page 44 of the Plat Records of Jackson County Oregon.
Said alley being west of and contiguous to lots 25 thorugh 32 of Block D of said
Meikle and Payne Addition.
June 7, 2004
Alley Vacation
!)-
G:\pub-wrks\admin\PB Counci1\Street Easement Tenninations\CC Madrone Oregon Alley SOU Vacation Description 6 04.doc
NAME OF PARTIES GRANTOR: OREGON STATE BOARD OF HIGHER EDUCATION
GRANTEE: CITY OF ASHLAND
DOCUMENT TO BE RETURNED TO: BARBARA CHRISTENSEN, CITY RECORDER
20 E MAIN STREET, ASHLAND OR 97520
TRUE & ACTUAL CONSIDERATION NONE
UNTIL A CHANGE IS REOUESTED, SEND TAX STATEMENT TO: NOT APPLICABLE
Easement
The STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCTION on
behalf of Southern Oregon University, hereinafter "GRANTOR," does hereby grant and convey unto the.
City of Ashland, Oregon, hereinafter "GRANTEE," an Oregon political jurisdiction with offices at 20 E.
Main Street, Ashland OR 97520, an easement for the purpose of constructing, maintaining, replacing,
reconstructing a public pedestrian access way within, and upon the following described real property of
GRANTOR, in Jackson County, State of Oregon to wit:
A 10.00 foot wide pedestrian easement located in the northwest quarter of Section 15, Township
39 South, Range 1 East of the Willamette Meridian, City of Ashland, Jackson County, Oregon
and being 5.00 feet on each side of the following described centerline:
Commencing at the southeast corner of Lot 8, BlockF of the Fairview Addition, now of record in
Volume 3, Page 5 of Plats in Jackson County, Oregon, said southeast corner is monumented with
a W' iron pipe as shown on Survey Number 17985 on file with the Jackson County Surveyor;
thence South 89043 '26" East, along the northerly right-of-way line Oregon Street, a distance of
9.00 feet to the True Point of Beginning; thence North 00009'01" East 296.32 feet; thence North
19030'41" East 42.64 feet; thence South 89050'59" East 12.63 feet; thence North 00009'01" a
distance of72.57 feet, more or less, to the southerly right-of-way line of Madrone Street and
Point of Terminus for this easement.
The GRANTEE, its licensees, successors, and assigns shall have the right of ingress and egress necessary
for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all rights
and privileges incident thereto.
Grantor shall construct a pedestrian path within the stated easement area as required under City of
Ashland Planning Action No. 2004-025. All construction shall be in accordance with City of Ashland
standards and shall be subject to approval by the City Planning and Public Works Departments.
GRANTOR shall have the right to use the land subject to the above-described easement for all purposes
consistent with the uses and purposes of the property and not inconsistent with the uses ofthe easement.
GRANTOR shall not build or erect any structure upon said right-of-way without the prior written consent
of GRANTEE.
GRANTEE agrees to indemnify and hold harmless GRANTOR and the members, officers, employees
and agents of the Oregon State Board of Higher Education against any and all damages, claims, demands,
actions, causes of action, costs and expenses of whatsoever nature which may result in an irljury to or
death of any person(s) or from the loss of or damage to property of any kind of nature, when such injury,
loss, death, or damage is due to the tortuous acts of GRANTEE, its officer, agents and employees acting
within the scope of their employment duties.
All rights hereunder shall cease and the easement shall terminate if and when said easement area ceases to
be used for a public pedestrian way.
~
This easement is granted subject to all prior easements or encumbrances of record on the above described
property.
-?~/14 ~
DATED this ..<--'- dayof'- '-L, 2005.
\
STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf
of SOUTHERN OREGON UNIVERSITY
/~J::;(;YV) 4;n< t~L
Cont cts Officer
STATE OF OREGON)
County of Jackson ) 0\
.-4his in~trument,was ~I'knpwledged before me on this ~"" day of ~u.l , 2005 by
~J\ ZP-.b~ ~~as Contracts Officer of Southern Oregon Universit
~~~.t\~
Notary Public for Oregon
My Commission Expires:~ 2. ~C>4>
,," ~ . :-~ 1 :~~'
r~...:;.c";;; t; OFFICIAL SEAL
'~. RHONDA K HANEY
. i " ~;OTAW PUBLIC - OREGON
'. '" i COMMISSION NO. 357645
~ :....... . MY COMMISSION miRES MAY 8. 2006
+
RESOLUTION NO. 04- \'2.-
RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION
FOR AND ANY OBJECTIONS TO, THE VACATION OF AN ALLEY
BETWEEN OREGON STREET AND MADRONE STREET.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS
271.080 to 271.150, the City Council of the City of Ashland will conduct a public
hearing on June 15, 2004 at 7:00 PM in the Council Chambers, 1175 East Main
Street, Ashland Oregon, to hear the petition for, and any objections to, the
vacation of an alley running between Oregon Street and Madrone Street.
SECTION 2. The City Recorder is directed to give notice of the petition and
hearing by publishing a notice in the Daily Tidings, once each week for two
consecutive weeks prior to the hearing and such other notice as may be required
by ORS 271.110.
This resolution was read by title only in accordance with Ashland Municipal Code
S2~:P~EDthis /g dayof Aar 2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
1"1 day of
mAY
.2004.
~/~~
Alan DeBoer, Mayor
Reviewed as to form:
w~
Paul Nolte, City Attorney
PAGE 1 - RESOLUTION
\\COMPAQ1\DATA\GOV\pub.wrks\admin\PB Council\Street Easement Terminalions\CC Madrone Oregon PH Rf!Solution 4
04.doc
CITY OF
ASHLAND
Council Communication
Title:
Resolution Setting a Public Hearing to Consider the Vacation of an
Alley Stretching between Oregon & Madrone Streets
Dept:
Date:
Public Works Department
::al:~::~~
Paul Nolte:r-t- 11)
Gino Grimaldi
Submitted By:
Reviewed By:
Approved By:
Synopsis:
On March 17, 2004, Mr. Bruce Moats, acting on behalf of Southern Oregon University (SOU)
submitted the attached petition requesting the vacation of an unimproved alley stretching
between Oregon and Madrone Streets and located between Indiana Street and Monroe Street.
The vacation of the alley is a required condition of the development for the proposed SOU
Madrone Street housing complex.
The vacation request was heard by the Planning Commission on April 27th, 2004. The vacation
was approved by the commission with a recommendation that a pedestrian access easement be
provided through the development, connecting Oregon and Madrone Streets. The location of the
pedestrian access is shown on the attached map.
Recommendation:
It is recommended that the City Council adopt the attached resolution establishing a public
hearing date of June 15th, 2004 to hear a petition for and any objectives to, the vacation of an
alley located between Oregon and Madrone Streets.
Fiscal Impact:
A $500.00 application fee has been paid by SOU to defray the costs of publications and other
expenses. There are no negative fiscal impacts to the City resulting from this vacation.
Background:
The unimproved alley between Oregon and Madrone Streets was created in 1910 with the
recording of the Meikle and Payne Addition. The thirteen (13) foot wide alley runs in a northerly
direction and is an approximate extension of Sunrise Street to the south. The alley is opened for
traffic but carries no known utilities or service lines. The property on both sides of the alley is
IICOMPAa1\llATAIGOVlpub-wT1<sladminIPB CounclllStreet Easement TennlnationslCC Madrone Oregon Alley sou Vocation PH 1
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owned by SOU as is over two thirds of the affected area, which is that land within 400 feet of
each end of the alley and within 200 feet of each sideline.
The vacation request was sent to the Fire and Police Departments, Public Works operating
divisions and to the Planning Department. There were no objections voiced from any of the
above departments and divisions. The Planning Commission considered this vacation at its April
27th meeting. While there were no objections to the vacation, the Planning Commission
. recommended the following condition be placed on the development of the SOU Madrone Street
housing complex:
That a pedestrian access easement be established and a physical pathway be
created through the development linking Oregon and Madrone Streets. The
pathway should be constructed with an all weather surfacing (crushed rock, etc.)
but would not need to be paved nor concreted. The pathway should be designed
into the landscaping plan and would not be in the same location as the vacated
alley.
Attachments:
I. Vicinity Map
2. Area Map
3. Specific Access Location Map
4. Copy of Petition
5. Resolution
\\COMPAQ1\DATA\GO~\admln\PB CouncillStreet EasementTennlnations\CC Madrooe Oregon Alley SOU Vacation PH 1
~A'
RESOLUTION NO. 04-
RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION
FOR AND ANY OBJECTIONS TO, THE VACATION OF AN ALLEY
BETWEEN OREGON STREET AND MADRONE STREET.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS
271.080 to 271.150, the City Council of the City of Ashland will conduct a public
hearing on June 15, 2004 at 7:00 PM in the Council Chambers, 1175 East Main
Street, Ashland Oregon, to hear the petition for, and any objections to, the
vacation of an alley running between Oregon Street and Madrone Street.
SECTION 2. The City Recorder is directed to give notice of the petition and
hearing by publishing a notice in the Daily Tidings, once each week for two
consecutive weeks prior to the hearing and such other notice as may be required
by ORS 271.110.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this
day of
2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
.2004.
Alan DeBoer, Mayor
Reviewed as to form:
flf~
Paul Nolte, City Attorney
PAGE 1 - RESOLUTION
\\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\Street Easement Terminations\CC Madrone Oregon PH Resolution 4
04.doc
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ASHLAND
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SOUTHERN OREGON UNIVERSllY
MADRONE STREET APARTMENTS
REVISED PEDESTRIAN
~!ATJM&\9NM~=~!
""'IIZOM
APR 3 0 2004
PETITION
Oate Filed: 3 / { 7/01-
We the undersigned property owners residing on or near an alley located between
Oregon and Madrone Streets do hereby petnlon the City Council to Inlllate proceedings to
vacate the above mentioned public right-of-way, being further described as follows:
All of that thirteen foot wide alley dedicated to the City of Ashland on the plat of
the Meikle and Payne Addition filed for record on August 6, 1910 and recorded
In Volume 2, Page 44 of the Plat Records of Jackson County Oregon.
Said alley being west of and contiguous to lots 25 through 32 of Block D of said
Meikle and Payne Addition.
We do further warrant that the signatures below represent 100% of the properties
abutting the proposed vacation and at least 66 213% of the affected area which lies within 200
feet on either side and 400 feet from the ends of the public right-of-way proposed for
vacation.
Name
i\ddress
Tax Lot
Number
1
Southern Oregon University 1250 Siskiyou Blvd 39 IE ISBA TL's
900
i;:~~
l?nn
1201
1300
1500
1600
.,vv
39 IE 15BB TL
-100
2
3
4
5
6
7
8
9
10
11
12
State of Oregon
County of Jackson VY\GlA'tJ:J
On this ~ day O~tTJ./fCL, 2003rsonally.appeared before me, a Notary
Public in and for said State, the within named 1fU," /: I"r\.f};od"; to me know to be
the identical person described therein and who executed the foregoing instrument, and
acknowledged to me that & . J "e. f'rtflQ/> executed the same freely and voluntarily for
uses and purposed therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official stamp the day and
year above written.
~~~~r
My commission expire Jk ;q 2OJ':>
OFFICIAL SEAL
TREASA SPRAGUE
NotARY PUBUG-OREGON
COMMISSION NO. 341870
MY COMMISSION EXPIRES JAN. 10,2006
\\COMPAQ1\DATA\GOV\pub-wr1<s\eng\dept-admln\A. Blank Fonns\Petftlon Fonn.doc
Memo
CITY OF
ASHLAND
Date:
From:
To:
CC:
March 19,2004
James H. Olson
John McLaughlin, Bill Molnar
Paula Brown, Mike Morrison, Keith Woodley, Scott Johnson, Mike Bianca,
Barbara Christensen
PROPOSED VACATION OF ALLEY BETWEEN OREGON & MADRONE
STREETS
Re:
Bruce Moats, on behalf of Southern Oregon University has submitted a petition for the vacation
ofthe unimproved alley which runs parallel to and west ofIndiana Street, between Madrone
Street and Oregon Street. (see attached map)
The vacation is being requested as a condition of development of the proposed Madrone Studcnt
Housing Complex.
Would you please schedule this proposed vacation request for consideration by the Planning
Commission.
If there are other concerns rcgarding utilities or transportation routes pleasc let me know as soon
as possible.
The petition is signed only by SOU who have 100% of the frontage along the alley and over 67%
ofthe surrounding affected area as defined by ORS. The petition filing fee has also been
received.
ENGINEERING DIVISION
20 E. Main Street
Ashland OR 97520
www.ashland.or.us
G:\Pub-wrks\engISTREET\Alley Oregon Madrone Vacation SOU Memo 3 04.doc
Tel 541/488-5347
Fax 541/488-6006
TTY: 800/735-2900
r~'
PETITION
Date Filed::'>1 ( 7/01
We the undersigned property owners residing on or near an alley located between
Oregon and Madrone Streets do hereby petition the City Council to initiate proceedings to
vacate the above mentioned public right-of-way, being further described as follows:
All of that thirteen foot wide alley dedicated to the City of Ashland on the plat of
the Meikle and Payne Addition filed for I"eoord on August 6,1910 and recorded
in Volume 2, Page 44 of the Plat Reconjs of Jackson County Oregon.
Said alley being west of and contiguou~; to lots 25 through 32 of Block 0 of said
Meikle and Payne Addition.
We do further warrant that the signatures below represent 100% of the properties
abutting the proposed vacation and at least 66 2/3% of the affected area which lies within 200
feet on either side and 400 feet from the ends of the public right-of-way proposed for
vacation.
Southern Onogon Univf'ndty
1250 c:iskiYOll Rlvd
Tax Lot
Number
39 18 15BA TL';;;
900
Name
Address
2
3
4
5
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7
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8
9
1100
1201
1300
1500
1000
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10
11
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12
State of Oregon
County of Jackson VY\(,tVJ
00 this ~ day O~r1~, 200'3,sooallY appeared before me, a Nota"
Public in and for said State, the within named :(u,-'- ~ ~'15 to me know to be
the identical person described therein and who executed the foregoing instrument, and
acknowledged to me that 6A 11/J e f)\oa}; executed the same freely and voluntarily for
uses and purposed therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and official stamp the day and
year above written.
~(M0~
Notary Public ~- sJJ
My commission expire In 107ffic;
,
OFFICIAL SEAL
TREASA SPRAGUE
NOTARY PUBLlC-OREGON
COMMISSION NO. 341870
MY COMMISSION EXPIRES JAN, 10,2005
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TAXLOT POSITIONS GENERATED BY I
JACKSON COUNTY GIS DEPT. AND
BEAR NO WARRANTY OF ACCURACY,
OTIIIlIl nA.T" .~Ii"nii. ARlO' TVPI"'.IIV ~