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HomeMy WebLinkAbout1994-27 Dedicate Greenway prop.RESOLUTION NO. 94- ~ ~ A RESOLUTION DEDICATING PROPERTY WITHIN THE GREENWAY FOR PARK PURPOSES PURSUANT TO ARTICLE XIX, SECTION 3, OF THE CITY CHARTER. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following described land is dedicated for park purposes pursuant to Article XIX, Section 3, of the Ashland City Charter. Tract I (39S 1E 4CA, Tax Lot 101; 39S 1E 4DB, Tax Lot 400): A parcel of land located in the Southeast quarter of Section 4, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, more particularly described on the attached Exhibit A. Tract II (39S 1E 4AC, Tax Lot 402): More particularly described on the attached Exhibit A. Tract III (39S 1E 4BB; Tax Lots 101 and 102): A parcel of land lying in Section 33, Township 38 South, Range 1 East, W.M. and in Section 4, Township 39 South, Range 1 East, W.M., Jackson County, Oregon, and being a portion of that property designated as "Tract C" and described in that deed to Harold C. Hardesty, recorded as Document No. 75-03389 of the Official Records of Jackson County, Oregon; this parcel being that portion of "Tract C" lying Southerly of the line described on the attached Exhibit A. This resolution was read by title only in accordance with Ashland Municipal of ~ , 1994. Nan E. Frak~lin, City Recorder SIGNED and APPROVED this ~dday of Code S 2.04.090 duly PASSED and ADOPTED this ~B day 1994. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION DESIGNATING PROPERTY IN THE GREENWAY FOR PARK PURPOSES EXHIBIT A TRACT I (39S 1E 4CA, TAX LOT 101; 39S 1E 4DB, TAX LOT 400): A parcel of land located in t~e Southeast quarter of Section 4, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, more parti- cularly described as follows: Commencing at a point from which the Southwest corner of Donation Land Claim No. 41, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, bears South, 375.01 feet, and West, 788.65 feet; thence East, 789.99 feet; thence South 84° 06' East, 319.65 feet, to a point on the West line of that tract described in Volume 263, Page 599, Jackson County, Oregon, Deed Records; thence North 0° 11' 33" West. 794.27 feet; thence North, along the West line of said tract, 180 feet, more or less, to a point which bears South 0° 11' 33" East, 614.83 feet, from the Northwest corner of that tract described in Volume 276, Page 257, said Deed Records, for the true point of beginning; thence West, 38.49 feet; thence North 20° 47' 31" West, 120.22 feet; thence South 80° 00' 00" West, 30.00 feet; thence North 35~ 56' 46" West, 76.47 feet; thence North 55° 03' 26" West, 62.29 feet; thence North 21° 32' 26" West, 183.62 feet; thence North 27° 29' 43' West, 95.06 feet; thence North 56° 15' 17" West, 78.11 feet; thence North 42° 09' 55" West, 195.67 feet; thence North 23° 05' 57" West, 72.54 feet; thence North O1° 09' 37" West, 165.93 feet; thence North 20° 03' 47" West, 73.05 feet; thence North 89~ 58' 17" East, 145.87 feet; thence South 00° 25' 17" West, 255.00 feet; thence North 89° 58' 17" East, 429.00 feet; thence South O0~ 25' 17" West, 80.00 feet; thence South 00° 07' 05""West, 614.83 feet, to the true point of beginning. (5.12 AC) TRACT II (39S 1E 4AC, TAX LOT 402): Commencing at the Northeast corner of Donation Land Claim No. 53, Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, monumented by a 2" pipe with a 3" brass cap; thence South 2718.79 feet and West 1467.25 feet to the Southwest corner of that tract described in the Document No. 79-19834, Official Records of Jackson County, Oregon for the True Point of Beginning; thence North, 675,05 feet along the West boundary of said tract to a found 5/8 ince iron pin for the Northwest corner of said tract; thence East, 184.8 feet along the North boundary of said tract; thence South 7° 09' 36" West 680.36 feet to the South line of said tract; thence West 100.00 feet along said line to the point of beginning. (2.21 AC) Page 1 of 2 A parcel of land lying in Section 33, Township 38 South, Rangel East, W.M. and in Section 4, Township 39 South, Range 1 Eas~ W.M., Jackson County, Oregon, and being a portion of that property designated as "Tract C" and described in that deed to Harold C. Hardesty, recorded as Document No. 75-03389 of the Official Records of Jackson County, Oregon; the said parcel being that portion of said "Tract C" lying Southerly of the following described line: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89o26'55" West (Record West) 356.40 feet; thence South 00°19'02" West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of said "Tract C"; thence North 67°43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78°48'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86~02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89°23'02" West 92.04 feet to a 5/8 inch iron pin; thence North 86°36'48" West 148.95 feet to a 5/8 inch iron pin; thence North 89°12'08" West 199.92 feet, more or less, to the Westerly line of said "Tract C". EXCEPTING THEREFROM: A strip Or parcel of land, being 20 feet in width and lying along the Northerly boundary of the hereinabove described parcel, the Northerly line of said 20 foot strip or parcel'of land being identical to the Northerly boundary of said hereinabove described parcel. ALSO EXCEPTING THEREFROM: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willa- mette Meridian, Jackson County, Oregon; thence North 89°26'55'' West (Record West) 356.40 feet; thence South 00o19'02" West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67~43'33'' West 461.84 feet to a 5/8 inch iron pin; thence South 78~48~24'' West 164.70 feet; thence South 4°30'33" East, 20.14 feet to the Southerly line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4~30'33'' East, 42.09 feet to a 5/8 inch iron pin with aluminum cap situated at the North- easterly corner of that property owned by the City of Ashland and as recorded in Volume 512, Page 58 of the Deed Records of Jackson County, Oregon. (1.72 AC) Page 2 of 2 ~4~1246~ ../ 94-12465 BAR~,IN ~ SALE DEED /I.' Z~ . Subject to the restrictions listed below, JACKSON COUNTY, a political subdivision ofthe State of Oregon, conveys to the CITY OF ASHLAND, an Oregon municipal corporation, all that real property situated in Jackson County, Oregon, described as: TRACT I (39S 1E 4CA, TAX LOT 101; 39S 1E 4DB, TAX LOT 400): A parcel of land located in the Southeast quarter of Section 4, Township 39 South, RanEe 1 East, Willamette Meridian, Jackson County, 0reSon, more parti- cularly described as follows: Commencing at a point from which the Southwest corner of Donation Land Claim No. 41, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, bears South, 375.01 feet, and West, 788.65 feet; thence East, 789.99 feet; thence South 84° 06' East, 319.65 feet, to a point on th~ West line of that tract described in Volume 263, Page 599, Jackson County, Oregon, Deed Records; thence North 0° 11' 33" West, 794.27 feet; thence North, along the West line of said tract, 180 feet, more or less, to a point which bears South 0° 11' 33" East, 614.83 feet, from the Northwest corner of that tract described in Volume 276, Page 257, said Deed Records, for the true point of beginning; thence West, 38.49 feet; thence North 20° 47' 31" West, 120.22 feet; thence South 80° 00' 00" West, 30.00 feet; thence North 35° 56' 46" West, 76.47 feet; thence North 55° 03' 26" West, 62.29 feet; thence North 21° 32' 26" West, 183.62 feet; thence North 27° 29' 43" West, 95.06 feet; thence North 56° 15' 17" West, 78.11 feet; thence North 42° 09' 55" West, 195.67 fee~; thence North 23° 05' 57" West, 72.54 feet; thence North 01° 09' 37" West, 165.93 feet; thence North 20° 03' 47" West, 73.05 feet; thence North 89° 58' 17" East, 145.87 feet; thence South O0° 25' 17" West, 255.00 feet; thence North 89° 58' 17" East, 429.00 feet; thence South O0° 25' 17" West, 80.00 feet; thence South 00° 07' 05" West, 614.83 feet, to the true point of beginning. (5.12 AC) TRACT II (39S 1E 4AC, TAX LOT 402): commencing at the Northeast corner of Donation Land Claim No. 53, Township 38 South, Range i East of the Willamette Meridian, Jackson County, Oregon, monumented by a 2" pipe with a 3" brass cap; thence South 2718.79 feet and West 1467.2~ feet to the Southwest corner of that tract described in the Document No. 79-19834, Official Records of Jackson County, Oregon for the True Point of Beginning; thence North, 675,05 feet along the West boundary of said tract to a found 5/8 ince iron pin for the Northwest corner of said tract; thence East, 184.8 feet along the North boundary of said tract; thence South 7Q 09' 36" West 680.36 feet to the South line of said tract; thence West 100.00 feet along said line to the point of beginning. (2.21 AC) PAGE 1 OF 4. ,')4-12465 TRACT III (39S 1E 4BB; TAX LOTS 101 AND 102): A parcel of land lying in Section 33, Township 38 South, Range'l East, W.M. and in Section 4, Township 39 South, Range 1 Eas~ W.M., Jackson County, Oregon, and being a porkion of that property designated as "Tract C" and described in that deed to Harold C. Hardesty, recorded as Document No. 75-03389 of the Official Records of Jackson County, Oregon; the said parcel being that portion of said "Tract C" lying Southerly of the following described line: Commencing at the Northwest corner of Donation.Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89°26'55" West (Record West) 356.40 feet; thence South 00°19'02" West (Record South) 589.29 feet to a 5/8 inch iron pin, being the point of beginning, being on the Easterly line of said "Tract C"; thence North 67°43'33" West 461,84 feet to a 5/8 inch iron pin; thence South 78°48'24'' West 235.87 feet to a 5/8 inch iron pin; thence South 86°02'58'' West 131.85 feet to a 5/8 inch iron pin; thence North 89~23'02'' West 92.04 feet to a 5/8 inch iron pin; thence North 86°36'48" West 148.95 feet to a 5/8 inch iron pin; thence North 89~12'08" West 199.92 feet, more or less, to the Westerly line of said "Tract C". EXCEPTING THEREFROM: A strip Or parcel Of land, being 20 feet in width and. lying along the Northerly boundary of the hereinabove described parcel, the Northerly line of said 20 foot strip or parcel'of land being identical to the Northerly boundary of said hereinabove described parcel. ALSO EXCEPTING THEREFROM: A strip or parcel of land 20 feet in width, the Easterly line thereof being described as follows: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East of the Willa- mette Meridian, Jackson County, Oregon; thence North 89~26'55" West (Record West) 356.40 feet; thence South 00°!9'02" West (Record South) 589.29 feet to a 5/8 inch iron pin; thence North 67°43'33" West 461.84 feet to.a 5/8 inch iron pin; thence South 78°48~24" West 164.70 feet; thence South 4~30'33'' East, 20.14 feet to the Southerly. line of the hereinabove described 20 foot wide strip or parcel of land, being the true point of beginning; thence continue South 4~30'33" East, 42.09 feet to a. 5/8 inch iron pin with aluminum cap situated at the North- easterly corner of that property owned by the City of Ashland and as recorded in Volume 512, Page 58 of the Deed Records of Jackson County, Oregon. (1.72 AC) PAGE 2 OF 4. -94-12465 THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. Grantor reserves the right to construct a bicycle and pedestrian trail across tax lot 102 of Tract III. 2. The above described property was purchased with federal Land & Water Conservation Fund and Jackson County monies. This conveyance is made on the condition that the property described above is conveyed for so long as it shall be used for public park and recreation purposes or maintained for the benefit of the public as an open space area. When, or if, said property is no longer used for public park, recreation, or scenic purposes, all right, title, and interest in the land hereby conveyed shall immediately revert to and revest in Jackson County, Grantor, its successor or assign, without necessity of suit for re-entry. All rights conveyed by or received from the grantor shall at that time cease and terminate. The true and actual consideration for this transfer is non- monetary value promised by Grantee. This instrument will not allow use of the property described herein to be inviolation of applicable land use laws and regulations. The order of the Board of Commissioners of Jackson County authorizing this transfer of property was dated ~f~4~ .~, and entered on Volume / 7~ , Page ~q~__, of the Journal of the proceedings of the Board. DATED this ~9~day of ~d~J , 1994. JACKSON COUNTY, a political subdivision of the State of Oregon BY: Its Boa/...~ of County Commissioners PAGE 3 OF 4. ;)4-12465 STATE OF OREGON ) ) ss. County of Jackson ) personally appeared the above named Hank Nenry, Holt, Commissioners for Jackson County, Oregon, the foregoing instrument to be their voluntary act. OFFICIAL SEAL NANCY MITCHELL NOTARY PUI LIC - OREGON COMMISSION NO,026Mi7 MY COMMISSION EXPIRES AUG, '10, 19e7 , 1994, Sue Kupillas, Ric and adknowledged [o~t'ry p~lic for Oregon Authorized for recording without fee. PAGE 4 OF 4.