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Home My WebLink About1992-45 Terminate EasementRESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND TERMINATING A PUBLIC EASEMENT BY QUITCLAIM DEED THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The public easement for drainage as recorded in Volume 4, Page 64 o~f "Minor Land Partitions" in Jackson County, Oregon, is not needed for public use and therefor may be relinquished by quitclaim deed to Dale/Medinger/Coulton to be effective on the final approval and recording of Poplar Place Subdivision plat. 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. ? City Recorder SIGNED and APPROVED this Catherine M. Golden Mayor Reviewed as to form: Paul Nolte City Attorney (d: \counc i [ \resos92\easement. Res ) American Pacific. Title & Escrow Company ...... ~,~..~ ...... ............. Scrivener Instructions To: American Pacific Title & Escrow Co. 346 E. Main Ashland, OR 97520 Dated ~--~ "~L/I ./~ RE: SEE ATTACHED EXHIBIT 'A' LEGAL DESRIPTION YOU are hereby instructed to prepare a Transamerica Form Quit Claim Deed (Corp.), from The City of Ashland to Russel E. Dale, Donnea Rae Medinger Sims, and Larry Coulton. Consideration is to be none. It is herein understood that American Pacific Title & Escrow Company is acting as a scrivener only and has not given any advice or interpretation of the affect of these documents to the undersigned. The undersigned have/has been advised to seek legal advice to ensure that their interests are being met and/or secured. The undersigned parties hereby acknowledge that they have read and reviewed said documents so drawn as to both content and accuracy and approve their use in this escrow and hold American Pacific Title & Escrow Company harmless from any liability or responsibility with regards to said documents. You are further instructed to put the following language on the face of said deed: "The purpose of this quit claim deed is to convey and release all The City of Ashland's right, title and interest in that certain easement dedicated to the City of Ashland in Minor Land Partition filed September 24, 1981 in Volume 4, Page 64 for the purpose of a Storm Drain of Minor Land Partition, Survey 9006. No public facilities have been constructed within this easement." It is herein understood by the undersigned that recording of said deed will be delayed until the final plat of subject property is filed. The City of Ashland shall inform American Pacific Title & Escrow Co. in writing when Plat is filed and shall then be instructed to record said deed in the official records of Jackson County. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO, THAT SUCH INSTRUCTION CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT, WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ACCEPTABLE TO YOU. CI~F ASHLAND NAN E. FRANKLIN CITY RECORDER RUSSELL E. DALE DONNEA RAE MEDINGER SIMS LARRY COULTON LARRY E. MEDINGER .. ID R. 165.0°| (D.R. Nm'th '~'tl~ ec 9Z64') N.OO°02' 18"E. 97.6~" ' N O0o 0 2'18°'E. 37'5 28' ~ ~ o o Z 1:3. ;'1 .~ ~"~' o ~t~~ · ~. ~ ~ ~ I ~mZ g O' Z 0 ¢C ;-- ~J~-,I----'- tl ~iitll :;,--;::i'~ ;_,:4~ ,.,..~o ~ I ~-, ~.~. ~ _ii ~, ~ ~_,, ,.+ ,.~ i~ o=. ....... _ ~, , / ' ~'1° ~' '~: ~' ~'"' '~' ' '"'"' ~"'~ ~J~ / ~ !/"' ~ . / "~'~ ~ /.- .00'02'~0'£ I/ ' =05 7=-' ~ / / ~ ' ~ ~' · ~'o .~ x ..~ · ' ' , ~ , o-_~x ~. ~,'~ I~1 ;~?~'. ~1 I ' ~ ' ~; , I ~ ~ / "' /r --" ,.,~,:,. ~,; ~ . . ..,,,,:,, i . ,:,, I -"-u:::) z '~.. I§ o.~,_ ,,,,~,_oo_ ., .... -O----,-- --O-" I NO0'02"lO""' IX "': '"'" ,, I i'. · ' / / ,..z, ,: ~ ~ / l.~ . ,, u~e'n. 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DALE, DONNEA RAH MEDINGER AND LARRY COULTON _all our right, title, and interest, if any in that real property situated in_ JACKSON . _County, State of Oregon, described as: SEE ATTACHED EXHIBIT "A" HERETO AND MADE A PART HEREOF The purpose of this Quit Claim Deed is to convey and release all the City of Ashland's right, title and interest in that certain easement dedicated to the City of Ashland in Minor Land Partition filed September 24, 1981 in Volume 4, Page 64 for the purpose of a Storm Drain of Minor Land Partition, Survey 9006. No Public facilities have been constructed within this easement. The true and actual consideration for this transfer is S_ none Signed by aut,hority of the Board of Directors with the seal of said corporation affixed, this ~'.. · O..' ~':." , ,,~., '~... OUI,rCLAIM DEED (CORPO~ Personally appear~d~~_~.~, . .. / _%,, .. du!~ sworn, did lay that~e ii the ~ ~ ~ / is th ' orate ~ ~id ......... ~_ . . _, a~d that the seal afhxed to th 's th~cor~rate~ _f ...... - ....... -' ' e fore corporation b~aui;,v;l~y u; i[~ b~ and h · · · . and deed ) ~,. e acknowledged ~d instrument to be I~s voluntary act The dollar amount should ~ II encumbrances property remains subject or which the purchaser agrees to pay or ~ssume. I~ consideration includes other property or value, add the following: "However. the actual consideration consists o~ or includes other property or value g~ven or prom;sed which is part of the/the whole consideration." (indicate which) The City of Ashland -- TO Dale/Medinger/Coulton A"-f-ter Recording Return to: APT Ashland Mail tax statements to: ISTA'FE OF OREGON, Co'unty of - .:.. , } 'ss. I cer t/"fy on the__ was received for record at -~-~._ o'cloc~ 1 recorded in book__ on Recto of Deeds of said County. -- Witness my hand County affixed. By..._.._ _ Title .. .Deputy 92-28877 "EXHIBIT A" Commencing at the Southwest corner of Donation Land Claim No. 41 in Township 39 South; Rangb .1 East of the Willamette Meridian, Jackson County, ·Oregon; thence South 89· 57' 50" East along the southerly boundary line of said claim, '6~J.$2 feet the intersection of the easterly right-of-way line of Oak Street° extended southerly to intersect said claila line; thence ].eav[,1, said claim line, North 14' 52' 12" East along the easterly right- of-way line of Oak Street and the southerly extension thereof, 170.69 feet to a f6und 5/8 inch iron pin; thence leaving said easterly right-of-way l~ne South 89" 57' 53" East, 217.30 feet to a 3/.4 inch iron. pipe situated at the Southwest corner of Parcel No. 2 set out in Minor Land Partition filed October 1, 1986 in Volume 7, page 33' of "Minor Land Partitions. in Jackson County, . Oregon for the TRUE POINT OF BEGINNING. thence along the South line .of said .Par-~e~-~o. 2 South 8~-~..~, 53" East 63.995 feet; thence leaving said South line North 37' 30' 3.4" East 44.58 feet; thence North 08" 09' 22" West 25 78 feet; thence North 14" 19' 31" West '28.54 .f'e;gt ' thence South 88 / thence North 00" 43' 39" l{est 3.49 feet; 58" West 37.66 feet; thence South 06' 26' 21" East 26.30 'feet; ,thence South 38" 13' 04"'West 23.46 feet; thence South 33" 56' \05" West 29.~8 feet; thence South 54" 41' 21" West 17.67 feet to the West line of said Parcel No. 2; thence along said West' line South 00" 02' 10" West 11 35 feet to the true point of beginning' · Reca'dod RI-CORDS ·