HomeMy WebLinkAbout2912 Vacating Alley on Oregon
Jackson County Official F1ecords 2005-049749
R-V
Cnt=1 Stn=6 HELMANcr:98/16/2005 12:41 :42 PM
$20.00 $5.00 $11.00 $40.00 Total:$76.00
11111111111111111 111111111 "III
01135088200500497490040049
I, Kathleen S. Beckett, County Clerk for Jackson County, Oregon.
~:c~~~~~at the Instrument Identified herein was recorded in the Clerk
Kathleen S. Beckett - County Clerk
ORDINANCE NO. 2912
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 IMadrone
Street Housing Development at a mutually acceptable location.
/~ of J.u,~~
The foregoing ordinance was first READ on the
2004,
PASSED and ADOPTED this \ Lo day of ~OVfXO~ 2004.
~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
, 1 day of No Je M1b t^ . 2004.
~c.~/>
Alan W. DeBoer, Mayor
State of Oregon )
County of Jackson )
Signed before me on )Jov~ Il2tJotf
~K.ta. Clw~t4LS~ '
. by fkAft Dt~
. and
Notary Signature:
My Commission Expires.
uP[, &r~--./
'-/-- &-o{"
. OFFICIAL SEAL ~
. . SONJA N AKERMAN
~ j NOTARY PUBLIC - OREGON
...... ./ COMMISSION NO. 355829
, , ..'; ..:.;'.,~~~.~ MY COMMISSION EXPIRES APRn. 6. 20(16.,
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 Terminations\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 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 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 of 72.57 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.
GRANTORshall 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 of the 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, e:mployees
and agents of the Oregon State Board of Higher Education against any and all damages, clai:ms, 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 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.
3>
This easement is granted subject to all prior easements or encumbrances of record on the above described
property .
.-'J ?/14 -#f;,
DATED this ,L...-<- day of i'- .'L-, 2005.
)
STATE OF OREGON, acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf
of SOUTHERN OREGON UNIVERSITY
/rt:~7/Hb)~1U ~L
Con cts Officer
STATE OF OREGON)
County of Jackson ) 0-.\
...:\'his iostrumeo~ ~~knl'Wledged before me 00 this ~" day of ~w. , 2005 by
~j \ ~~ ~~as Contracts Officer of Southern Oregon Universit .
~~~.~~
Notary Public for Oregon
My Commission Expires:~ 2 ~ ~C:>lc?
~j..' OFFICIAL SEAL V
:'~ . RHONDA K HANE
, f : NOTAW PUBLIC - OREGON
" '" /,..' COMMISSION NO. 357645
~. MY COMMI~ION EXPIRES MAY 8. 2006
~",.
t