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Home My WebLink About2003-065 Quitclaim - QuinnQUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that CITY OF ASHLAND, a municipal subdivision of the State of Oregon, Grantor, releases and quitclaims to KELLY G. QUINN and VICTORIA A. QUINN, Grantees, all right, title and interest in and to the following described real property situated in Jackson County, Oregon, State of Oregon, described as follows: See attached Exhibit A hereto The tree and actual consideration for this conveyance is zero in terms of dollars but other good and valuable consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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. .)uae.. DATED this /7 day of. ga[~, 2003. STATE OF OREGON County of Jackson CITY OF ASHLAND By:. A//~~Oe4"' Its: /~~ _zr/~ ...... This instrument was acknowledged before me on the /;7 day of ~, 2003, ~L~t ~_ of the City of Ashland. Notary.7 ~-.' ~ .'lic for Oregon. , , My Con~msslon expires: ,~- &- ~t~~ NOTARY PUBLIC- OREGON ~ ~..~.~/ COMMISSION NO. 355829 After Recording Remm To: Joseph E. Kellerman Homecker, Cowling, Hassen & Heysell, L.L.P. 717 Murphy Road Medford, OR 97501 Mail Tax Statements To: by It:\USER~FILES~3826d~quitclaim.0 I. wpd EXH1RrF A Beginning at the Southeast comer of Lot 26, "ASHLAND ACRES" in Jackson County, Oregon, according to the Official Plat thereof, now of record; thence West, along the South line of said lot, 670.0 feet; thence North, 130.0 feet; thence East, parallel with the South line of said lot, 670.0 feet, to the East line thereof; thence South, along said East line, 130.0 feet to the point of beginning. SUBJECT TO rights of the pubic in and to that portion of the herein described property lying within the boundaries of roads and highways. TOGETHER WITH: LEGAL DESCRIPTION Commencing at the Northwest corner of Lot 4 of PLUM RIDGE SUBDIVISION, according to the official plat thereof, now of record, in Jackson County, Oregon; thence along the West line of that tract described in Document No. 00-24352, Official Records of Jackson County, Oregon, North 00003'33" East, 8.00 feet to the Northwest corner of said tract and the true ~oint of ~egin~ing; thence along the North line of said tract, North 89°57'12'' East, 311.07 feet to the Northeast corner thereof; thence continue North 89°57'12'' East, 20.02 feet' to the West line of North Mountain Avenue; thence along said West line, North 00003'33'' East, 8.86 feet to the Southeast corner of Lot 26 of "ASHLAND ACRES", according to the official plat thereof, now of record, in Jackson County, Oregon; thence along the South line of said Lot 26, WEST, 331.09 feet to a point being on the Northerly prolongation of the West line of that tract described in Document No. 00-24352, said Official Records; thence along said prolongation, South 00003'33'' West, 9.13 feet to the true point of beginning. QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that KELLY G. QUINN and VICTORIA A. QUINN, Grantors, release and quitclaim to CITY OF ASHLAND, a municipal subdivision of the State of Oregon, Grantees, all right, title and interest in and to the following described real property situated in Jackson County, Oregon, State of Oregon, described as follows: See attached Exhibit A hereto The tree and actual consideration for this conveyance is zero in terms of dollars but other good and valuable consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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 May, 2003. Kelly G. Quinn STATE OF OREGON Victoria A. Quinn County of Jackson This instrument was acknowledged before me on the~ Quinn. day of May, 2003, by Kelly G. IIII IIII QUITCLAIM DEED - Page 1 Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on the _ day of May, 2003, by Victoria A. Quinn. Notary Public for Oregon My Commission expires: After Recording Return To: Joseph E. Kellerman Hornecker, Cowling, Hassen & Heysell, L.L.P. 717 Murphy Road Medford, OR 97501 Mail Tax Statements To: H:\USER\FILES\23826d\quitclaim.02. wpd QUITCLAIM DEED - Page 2 TELEPHONE 541-771,.2782 L J. FRIAR AND ASSOCIATES, P. c. CONSULTING LAND SURVEYORS 816 WEST 8TH STREET MEDFORD,OREGON97001 FAX 541-772-8465 JAMES E HIBBS, PLS Ijfriar@charter.net LEGAL DESCRIPTION Beginning at the Northwest corner of Parcel No. 2 per Partition Plat No. P-25-1992, according to the official plat thereof, now of record, in Volume 4, Page 25, of "Record of Partition Plats" of Jackson County, Oregon and filed as Survey No. 12902 in the Office of the Jackson County Surveyor; thence along the North line thereof, North 89057' 12" East, 311.08 feet; thence North 00001'52" West, 8.00 feet; thence South 89057'12" West, parallel to said North line, 311.07 feet; thence South 00003'33" West, 8.00 feet to the point of beginning. TOGETHER WITH: LEGAL DESCRIPTION The Al~ey lying Northerly of Lots 1, 2 & 4 of PLUM RIDGE SUBDIVISION, according to the official plat thereof, now of record, in Jackson County, Oregon and the Street Plug lying at the Northerly end of Plum Ridge Drive. EXH1BI1i A, , PAGE__ OF....I- CITY Of ASHLAND Council Communication Title: Deed exchange to cure property description gap in unnamed alley intersecting Ridge Drive Dept: Legal Department Date: June 17,2003 Submitted By: Paul Nolte vJ Approved By: Gino Grimaldi Synopsis: A recent survey for the Plum Ridge Subdivision in the North Mountain Avenue area north of Bear Creek revealed a property gap between the subdivision and the Quinn property to the north. The property gap is located adjacent to an unnamed alley located within the subdivision (map attached).The exchange of deeds will cure the gap and leave the city with a slightly relocated alley of the same width and dimensions. Recommendations: Authorize the Mayor to sign the attached quitclaim deed from the City to the Quinns and to accept a deed from the Quinns to the City, a copy of which is also attached. Fiscal Impact: None Background: The Plum Ridge subdivision was approved approximately three years ago and the recently completed subdivision survey revealed a gap between the eight foot alley created by the subdivision and the eight foot alley dedicated by the adjoining property owners, Kelly G. Quinn and Victoria A. Quinn. The title company has approved descriptions for deeds to cure this gap. The Quinns have consented to deed property to the city for a similar amount of property from the city. The exchange will provide the required sixteen foot alley to the city by closing the gap between the two dedications. 1- G:\legal\PAUL\alley deed exchange cc.wpd LEGEND: N CD CORRESPONDS TO LEGAL DESCRIPTION NUMBER. N89"58'08"E N 0 N w 92.65 ,,; :cil > 0:: ~ ~ 0 u:; ~ LOT 5 ~) ~ ,..., 10 82.72 G' ~ I . ~ I .., 10 ,,; N N89"58'08"E 115'74~-+ NANDINA 10 STREET ,...: ,..; i I w N '-' 74.76 0 C~ ~" ~ cO 8 0 .., .., 0 LOT 6 cO 01 N 10 01 23 27 ....,j ui (Xl ~ ~ L7 FS5380 CD @B' WIDE 115.585 Q) ALLEY 92.59 LOT 4 N89"58'08"E ~ 84.82 cO ~ REGISTERED PROFESSIONAL LAND SURVEYOR ;,,1/Jjb:J OREGON JULY 17, 1986 JAMES E. HIBBS 2234 REN8NAL DATE 6-30-03 "\;'v'Or:::I:J a"\<. jCO '0\~~':J'j7.."';)' 09':J- \ GOC' S89.57'12"W 331.09 (330.92 PIN TO PIN) lO C o IX) c ..., 'J<: 1 t 'H H }~~ H ~ ~ H ~ CD @ I 00 2.J52. ORJCO 68.50 Q) 311.07 PER DOC. 195.495 co ALLEY 75.00 93.50 30 VI o C -4 :r: o SHED LOT LOT 2 N89"58'08"E 75.00 OJ N ................ N ............ N .... to r- ~ ~I -l lEE de PUE de PPAE ~ ~ ~ - - -EAST '12.57- -- t') 10 ~ ~ ,..., -- N ~ co en lL... '-' LOT 3 ~ I") ;., p o z 10 01 to o ~ o N ~ EAST 144.11 ...... ------------/'"lO ~ . r!.. lEE &c PUE &c PPAE I ~ J:r tOt 10 g: 0 SOUTH 29.00 to ~ I t.r - -_& ---------~~ DA TE: 12 MAY 2003 ~ ~ ,..., ;.., p o VI N TITLE: EXHIBIT ASSESSOR'S MAP /: J9 1 E4AC MEDINGER CONSTRUCTION P.O. BOX 702 ASHLAND, OR. 97520 PH: 210-J091 SCALE: 1 inch : 50 feet DRAWN BY: NMH CHK BY: JEH ORIGIN: ROTATION: JOBI: 03175FM L.J. FRIAR & ASSOCIATES P.C. CONSUL TlNG LAND SURVEYORS n'6 W. 8TH ST.J. MEDFORD, OR. 541) 772-278~ iffrioi'Ochorter.net Sheet of 1.