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Home My WebLink About1992-11 Relinquish EasementRESOLUTION NO. 92-// A RESOLUTION OF THE CITY OF ASHLAND RELINQUISHING A PUBLIC EASEMENT BY QUITCLAIM DEED. RECITAL: The city Council finds the public easement described in the attached Exhibit "A" is no longer needed for public use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. The public easement for irrigation as granted to the City of Ashland on April 2, 1925, and recorded in volume 154, page 145 of the Jackson County Deed Records, is relinquished by quitclaim deed to Christine Sears and Stephen Cary, a copy of which is attached. 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. ~ity RecoE~deCrha?~cC~ ng SIGNED and APPROVED this 1992. Catherine M. Golden Mayor Reviewed ast~~rm: Paul Nolte City Attorney FORM No. 721---QUITCLAIM DEED Jlndivldual or Corporate). QUITCLAIM DEED COPYRIGHT 1990 GTI~VICNSoNI:S:i LAW PUILIIHING CO.. I~ORTLAND. OR LP-46676 KNOW ALL MEN BY THESE PRESENTS, That ..... ..C.I....T~....Q.F.....AS....H.~,..a..~k~ic~ipal..com/~oration ..... ................................................................................................................................................................... , hereinafter called grantor, for the consideration hereinafter stated, does hereby remise, release and quitclaim unto ....................................................... ........... C,.H...R..I.~.T.~_..NE__...E ..... ~E..A~....S....aP.~...S.?~..P..HE....N....C......C....AB._.Y.,....w.i..f..e......and._..h_.us.b..~.d. ................................................................... hereinafter called grantee, and unto grantee's heirs, successors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any- wise appertaining, situated in the County of ......... .J.~..c_.k~..,.o.p ..................... State of Oregon, described as follows, to-wit: ALL RIGHT, TITLE AND INTEREST IN AND TO THAT CERTAIN EASEMENT AS RET OUT BELCh: ~t for laying ar~ mainta/nirg pipe line or lines for the distribution of water, and rights in cxx~ecticn therewith, granted to the City of Ashland, by instrument recorded April ..3, 1925 in Volume 154 page 145 of t]~e Deed Records of Jackson County, Oregon. Said Easement is Quitclaimed for the benefit of Grantee's property as set out herein: Lot Four (4) in Block Two (2) of FRANEVA HEIGHTS SUBDIVISION to the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record, and shall pertain only to that portion of the easement appurtenant to said lot. IIII ** THE PURPOSE OF THIS DEED IS TO EXTINGUISH ANY AND ALL INTEREST GRANTOR MAY HAVE IN THE EASEMENT SET OUT ABOVE. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDEJ To Have and to Hold the same unto the said grantee and grantee's heirs, successor,,; and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $...no..n~.,~ ............... part of the consideration (indicate whzch). (The ~entence between the syrnbol~ (D, it not applicable, ~hould be deleted. See ORS 93.030.) In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. In W~tness Whereof, the grantor has executed th~s instrument th~s.f./..::.:2 .... day of..~.~../.'.Z.!;.::; ..... if a corporate grantor, it has caused its name to be signed and its seal affixed by an officer or other person duly au- thorized thereto by order of its board of directors. SCRIBED IN THIS 'NSTRUMEN.T IN VIOLATION OF APPLICABLE LAND "" ' USE ,AWS AND REGUL^T~ONS. S£FORE StoNING OR ACCrPnNG ..... :::kU<4~./...L:~...~.,.~::..~.....-:~,~ ........................ PROPERTY SNOUkD CHECK WITH TH£ APPROPRIATE CITY OR ~..~..~... COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. ' ............................. STATE OF OREGON, County of ...... .J.~Lc..k..$.Q.n.. ................................. ) ss. This instrument was acknowledged before me on ... by ....... .n./..a. ................................................................................... L.[.[ ................. ~. ....................................... This instrument was acknowledged before me on .i]~...)~.....~....~....-~..L...I../. .................... 19...~.i~, ., ................................................................... ~. ...... ~ ...................... ~.~...~..~f ,:.J.....: ............. .~..2....:.e.~.%~ ............... of ........ ~ .-.- --, ......... .~ .................................................................................................................................... . .... Z?.!-: .t <:-.,--;' l-")~. ~,,'-zz, .. -"r"'"-,-'"' ................................. CITY OF ASHLAND, A MUNICIPAL CORPORATION ' CHRISTINE E. SEARS and STPEHNE C. CARY GRANTEE'S NAME AND ADDRESS After recording return to: ........................................................................................................................................ NAME. ADDRESS. ZiP Until a change Is requested all tax slatemenls shall be sent to the following address. SPACE RESERVI':D FOR RECORDER'S U~E STATE OF OREGON, County o~f ....................................... ~.Jss' ~ certify that the within instru- ment was received for record on the .............. day of .............................. , ~9 ........ , at .................... o'clock ...... M., and recorded in book~reel/volume No ....................... on pa~e .................... or as document~fee~file~ instrument/microfilm No ........................ Record of Deeds ot said county. Witness my hand and seal of County affixed. NAME CITY OF ASHLAND November 27, 1991 ASHLAND, OREGON 97520 telephone (code 503) ~2-3211 Ms. Patricia Gray Jackson County Title 370 Lithia Way Ashland, OR 97520 RE: Release of Easement Dear Ms. Gray: The'easement for an irrigation pipeline granted to the City of Ashland on April 2, 1925 and recorded in Volume 154, page 145 of the Jackson County deed records was for an irrigation pipeline which was abandoned in 1979 when new lines were placed within .street rights of.ways. The actual location of the abandoned pipeline lies easterly of lot 5CA.908 and neither the pipeline nor the easement can be construed to be encroaching upon said lot #908. At the time of the dedication of the easement, the Wiley family owned a great deal of land in the northwest Ashland area, most of which has now been subdivided into smaller parcels requiring this easement encumbrance be shown for each lot. Sice the easement location is not described, there is no other way to locate it except by the actual physical location of the ]pipeline, which would define the centerline of the easement. As I mentioned by phone, we do not consider this lot to be encumbered by this easement. However, if you wish, the City. Council may adopt a resolution whereby the easement may quitclaimed back to the owner. The City would support any efforts made to release this easement, however. Again, I do not believe that this is necessary in this case. Sincerely, ~sa~tHa~tO1c~; Engineer JHO:rm~GrayRel.ltr cc: Steve Hall Dennis Barnts '91 11/25 11:26 ~ 50._?, 488 I786 JI:IC.K CO TLE ASH 81 B I I . , ~ ~ ~?,. . . ~ .. .. pipe , "..· .~ ~ ~~ ~: :' . . .' .. ~. j.~'t~/~:~:,~'~;u ;..' ~.., ....... ... :ict~y !~>lla for Ore6'on. '.. "-'~)~¢,~::: .' ," . '. ',: ~ ~' .'- . .: . . .... ~ .~.:~,:,. '., ' I..l,.~.¢tt~:,:.f :. ,; ~ ....... 3ost-lt" brand fax transm,ttal memo.. 7~1 .l' o,,,0,,,_, f "- .-.,....- ~-~J~...-,~ i:~';';~f;~'¢f ":" ";' B-- '~" - m..~ !¢°'~7¢:. ~ ,',..',.-.: ~.;:~}{f~;a.,~,,~ ~' . ...... - x;:,~ .: -..:~,,~ ;~ : .'. .-., .... :~ t- . ~j. .~.-~ -- . , ..... .: :,. .... .~...~:~.;~~~~ ~ .. ~ ~ ........................... :~~~~.~-~ ~ ~ Illl 17 N.E. I/4, S.W.I/4 SEO. 5 T. 39S. R IE V~. 8 91~''~°' 908 Cp- ¢ooe) 9t7 919 801 ~"* ~ ¢°% 3 q 39 IE 5BD 910 " 5 9 A907. 903 r3 ~- ~ · 905 904 THOR 2 /~&.~, 604 126 '~ -- 7 ~._ 5 12,'t. 122 I!~,o (LOT B) CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 telepho~ne (code 503) 482-3211 NOTICE OF T RAN S M I T TAL : r Date : Project: Job No.: Subject: THE FOLLOWING ITEMS ARE BEING SENT TO YOU: ENCLOSED UNDER SEPARATE COVER COPIES TO: Department of Public Works EnGineering Divis ion rom2 ubiect: Paul Nolte, Steve Hall, Nan Franklin, Dennis Barnts James H. Olson, Assistant city Engineer ~~~ Release of Easement for Irrigation Purposes Attached is the quitclaim deed required to terminate any portion of the irrigation easement (volume 154, page 145 of the Jackson County Deed Records) which may cross Lot 4, Block 2 of Franeva Heights Subdivision. This action is being requested by tlhe new owner of Lot 4 and is not a requirement of the title company. My letter of November 27, 1991 to Patricia Gray of Jackson County Title Company states my belief that the easement does not encroach upon the lot. However, since there is no described location of the easement, the owner has requested this additional step be taken %o ensure that the question will never arise. May this matter be presented to the Council as a resolution to relinquish by quitclaim deed any portion of that easement granted to the City of Ashland on April 2, 1925 and in volume 154, page 145 of the Jackson County Deed Records, which may be located over, across or through Lot 4, Block 2 of Franeva Heights Subdivision to the City of Ashland. JHO: rm\FrnvaLot.mem Attachments: 1. Copy of quitclaim deed from City of Ashland to Christine Sears and Stephen Cary. 2. Letter of November 27, 1991. 3. Copy of Easement 4. Map of Lot JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 370 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 November 22, 1991 ATTN: JIM OLSON CITY ENGINEERING ASHLAND CITY OFFICES ASHLAND OR 97520 RE: ESCROW LP-46676 391E5CA, Tax Lot #908 Thornton Way, Ashland Dear Jim: Our purchaser in the above referenced escrow desires that the exception regardinG an easement for layinG and maintainin§ pipelines as shown in document recorded April 3, 1925 in 'Volume 154 page 145 to the City of Ashland be removed from his policy. In order to do this, we need a statement from you that the easement has been abandoned, which accordinG to your office, is correct. We are to close Monday, November 25th, 'if possible. Please acknowledge that the easement has been abandoned on the attached statement and return it to this office. If you would be so kind as to call Bob Bennett at 773-2811, the title officer, and let him know that you are in agreement. Also, we will be sendinG to you a Quitclaim Deed for the City of Ashland to sign at a later date. I have spoken with Paul Nolte and he suGGested that the request and deed be sent to you first. I will be out of the office this cominG week and Geri Mathewson will be handlinG my files while I'm Gone. Your prompt attention to this matter is Greatly appreciated. c Pm ran [um January 10, 1992 Paul Nolte, Steve Hall, Nan Franklin, Dennis Barnts James H. Olson, Assistant city Engineer ~~~ Release of Easement for Irrigation Purposes Attached is the quitclaim deed required to terminate any portion of the irrigation easement (volume 154, page 145 of the Jackson County Deed Records) which may cross Lot 4, Block 2 of Franeva Heights Subdivision. This action is being requested by the new owner of Lot 4 and is not a requirement of the title company. My letter of November 27, 1991 to Patricia Gray of Jackson County. Title Company states my belief that the easement does not encroach upon the lot. However, since there is no described location of the easement, the owner has requested this additional step be taken to ensure that the question will never arise. May this matter be presented to the Council as a resolution to relinquish by quitclaim deed any portion of that easement granted to the City of Ashland on April 2, 1925 and in volume 154, page 145 of the Jackson County Deed Records, which may be located over, across or through Lot 4, Block 2 of Franeva Heights Subdivision to the City of Ashland. J~'IO: rm\FrnvaLot.mem Attachments: 1. Copy of quitclaim deed from City of Ashland to Christine Sears and Stephen Cary~ 2. Letter of November 27, 1991. 3. Copy of Easement 4. Map of Lot JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 370 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 December 22, 1991 ATTN: JAMES H. OLSON ASSISTANT CITY ENGINEERING ASHLAND CITY OFFICES ASHLAND OR 97520 RE: ESCROW LP-46676 391E5CA, Tax Lot #908 Thornton Way, Ashland Dear Jim: Enclosed is the Quitclaim Deed we discussed regarding the abandoned easement for irri§ation pipeline. Paul Nolte suggested that the deed be presented first to you for rewiew and, if acceptable, please send it to Paul for further consideration. It is my understanding that the City Counsel may need to act on it as well. Please let me know if there are any questions and/or changes needed. CITY OF ASHLAND CITY HALL ASHLAND, ORI=GON g7§20 telephone (¢ocle 503) 482-3211 November 27, 1991 Ms. Patricia Gray Jackson County Title 370 Lithia Way Ashland, OR 97520 RE: Release of Easement Dear Ms. Gray: The easement for an irrigation pipeline granted to the City of Ashland on April 2, 1925 and recorded in Volume 154, page 145 of the Jackson County deed records was for an irrigation pipeline which was abandoned in 1979 when new lines were placed within street rights of.ways. The actual location of the abandoned pipeline lies easterly of lot 5CA.908 and neither the pipeline nor the easement can be construed to be encroaching upon said lot #908. At the time of the dedication of the easement, the Wiley- family owned a great deal of land in the northwest Ashland area, most of which has now been subdivided into smaller parcels requiring this easement encumbrance be shown for each lot. Sice the easement location is not described, there is no other way to locate it except by the actual physical location of the pipeline, which would define the centerline of the easement. As I mentioned by phone, we do not consider this lot to be encumbered by this easement. However, if you wish,'the City. Council may adopt a resolution whereby the easement may ibe quitclaimed back to the owner. The City would support any efforts made to release this easement, however. Again, I do not believe that this is necessary in this case. Sincerely, JHO:rm~GrayRel.ltr CC: Steve Hall Dennis Barnts JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 370 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 November 22, 1991 ATTN: JIM OLSON CITY ENGINEERING ASHLAND CITY OFFICES ASHLAND OR 97520 RE: ESCROW LP-46676 391E5CA, Tax Lot #908 Thornton Way, Ashland Dear Jim: Our purchaser in the above referenced escrow desires that the exception regarding an easement for laying and maintaining pipelines as shown in document recorded April 3, 1925 in Volume 154 page 145 to the City of Ashland be removed from his policy. In order to do this, we need a statement from you that the easement has been abandoned, which according to your office, is correct. We are to close Monday, November 25th, if possible. Please acknowledge that the easement has been abandoned on the attached statement and return it to this office. If you would be so kind as to call Bob Bennett at 773-2811, the title officer, and let him know that you are in agreement. Also, we will be sending to you a Quitclaim Deed for the City of Ashland to sign at a later date. I have spoken with Paul Nolte and he suggested that the request and deed be sent to you. first. I will be out of the office this coming week and Geri Mathewson will be handling my files while I'm 9one. Your prompt attention to this matter is greatly appreciated. y, '91 11/25 11:26 ~ 583 4',:::3 1786 JACK [:ID TLE ASW 81 I .' ~.; f.. ~ .. · .i.,? r. · . . ;, .'~); ~ ~ .... , ) j. ~'~' ":'~ ~'~"~' · -' ;'~2~,' :~.~. ~, ! ... 7.7.k:,w~~~ > c:.I~ "'. ,* ' ~ :: ~':~D~ ~;" I A _ · , ..... -~ ~ t.e ~t~,, -.~--~ s~,~. ~. o-"~o~,.,~~ . ." . ..,:~.,~_,---'__.:~~'.-~':'J .-- ....... ( ~~~ ~' Poet-it'" t~rand tax transmittal memo 7671 I' .~.~ r)~c~;,~ 1~' ~~-,,' ..- -9 915 (P- 8 9l~',~o' · 917 17 !111 919 , cJ 1.11 801 ~'* "~ 3 8O2 6 N.E. I/4, S.W. I/4 SEO. 5 T. 59S. R I E 'SCALE ,1"= lO0' '1 ~.1.~, 911 909 7 910 9O8 .lq E ,vl A~o=. 9 8 901 'Nto~l 2 IO 3.1~' ' 902 9O5 / L. dar 904 . 605 ON 39 1E 5BD ~. /IF 9%?zs I~1 zz~'. · 125 5 12~ 510 THORN; 2 ~ d 3 602 (LOTS) FORM Ho. 721~QUITCLAIM DEED (Individual or Corporate). lie QUITCLAIM DEED LP-,t6676 KNOW ALL MEN B Y 'THESE PRESEN TS, That .... .~...QF...~.~~,...a..~icipal...co~rat ion ..... .......................................................... ....................................................................................................... , herelna~ter called grantor, for the consideration hereinalter stated, does hereby remise, release and quitcla;m unto ....................................................... ........ :..~!~!$.~.~...~.,...~...~.. ~.I~.~...~,....qA~L...~..~O...~.~ ..................................................... , hereinMter cai/ed ~rantee, and unlo ~rantee'~ heir~, suc~sore and assigns ail ot H~e ~rantor's ri~h~, title and interest in that ~t~in real properly will] the ienement~, hereditaments and ~ppurtenan~s thereunio belon~inR or in any- wise apperlainin~, sifuated in ihe County of .......... ~.~ ..................... State et Ore,on, described as tollows, ~o-wit: ~ RIGId, TZT~ ~ I~ST IN ~ ~ ~T CERTAZN ~~ ~ SET O~ ~t for layir~ ard maint~ pipe lJa~ or 1~ for the distribution of water, and rights in oc~n~ic~ ~ith, gr-dn~ to th~ City of Ashland, by instrt~nent recorded April 3, 1925 in Volun~ 154 poc3~ 145 of tlr Deed P~cxprds of Jackson Count(, Oregon. Said Easement is Quitclaimed for the benefit of Grantee's property as set out herein: Lot Four (4) in Block Two (2) of FRANEVA HEIGHTS SUBDIVISION to the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record. ** ~{E PURPOSE OF ~tIS DEED IS TO EXTINGUISH ANY AND ALL INTEREST GRANTOR MAY }b~'v'~ IN THE EASEMENT SET OUT ABOVE. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To [lave and to Hold the same unto the said I~rantee and ~rantee's heirs, successors and a~'.si~ns forever. The true and actual consideration paid tor this transfer, stated in terms o! dollars, is $ ..D.O.n. e **. .......... (PHowever, the actual consideration consists of or includez other property or value given or promised which is the whole ~rt o~ the conslderaUon (indicate which).~(rhe ~en~en~ ~ween the .y~ol* ~, ;~ not .ppllc.ble, ,hould be deleled. See ORS ~3.030.) In construin~ this deed, where the context ~o requires, the ~in~ular includes the plural and aH ~rammatical changes ~hall be made so that this deed shall apply equally iD cor~ation~ and to individuals. In Witness Whereof, the grantor has executed this instrument thie ................ day of ...................................... I9 ........ ; il a corporate grantor, it has caused its name ~o be ~i~ned and it~ seal attixed bx an otlicer or o~her person duly au- thorized thereto by order of its board of director~. CI~ OF ~H~, a ~ici~al co,ration THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE. ' .................................................................................................... SCRIBED 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, '"'t ..................................................................................................... STATE OF OREGON, County of ...... J.~..~.$.QD. ................................. ) ss. This instrument wa~ acknowledged before me on ..................................................... 19 ........ , by n/a This inslrument was acknowledged belore me on .................................................... , by ................................................................................................................................. :., ................................ Notary Public for Ore,on My commission expires ................................................................ CITY OF ASHLAND, A MUNICIPAL CORPORATION ' CHRISTINE E. SEARS and STPEHNE C. CARY GRANTE:r'$ NAME AND Alter recerdlng relvm Io~ .I ~ //AMIr. ADI:)REg~I. ZIP Until a change II requesled all tax Itolements ohall be senl lo Ihe following oddrell. NAME. ADDRE~8, ZIP FOR ~E¢ORDER'$ STATE OF OREGON, County o! ........................................ ! certify that the witt~in instru- ment was received lor record on the .............. day of ............................... 19 ......... at .................... o'clock ......M., and recorded in book/reel/volume No ....................... on pat~e .................... or as document/lee/lile/ instrument/microtilzn No ........................ Record DE Deeds ot said county. Witness my hand and seal ot County altixed. TITLE By ..................................................... Deputy ......................................... .-~LT_=':=::':':' ..... T' : ..... .". ' -: .... JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 370 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 December 22, 1991 ATTN: JAMES H. OLSON ASSISTANT CITY ENGINEERING ASHLAND CITY OFFICES ASHLAND OR 97520 RE: ESCROW LP-46676 391E5CA, Tax Lot #908 Thornton Way, Ashland Dear Jim: Enclosed is the Quitclaim Deed we discussed regardin9 the abandoned easement for irrigation pipeline.. Paul Nolte su99ested that the deed be presented first to you for review and, if acceptable, please send it to Paul for further consideration. It is my understanding that the City Counsel may need to act on it as well. Please let me know if there are any questions and/or changes needed.