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Home My WebLink About2008-053 RESO 69-08 (Jackson Co) - Property Exchange OFFICE OF COUNTY COUNSEL JACKSON COUNTY Oregon Elizabeth Biddle Sr. Administrative Assistant 10 S OAKDALE, RM 118A MEDFORD, OR 97501 Phone: (541) 774-6161 Fax:: (541) 774-6722 E-mail: biddleem(J1Jjacksoncounty.orq J March 27, 2008 r, !C'j' I i Richard Appicello Ashland City Attorney 20 E. Main Street Ashland, OR 97520 Re: Jackson County Resolution No. 69-08 Dear Mr. Appicello: Allie O'Connor, Interim County Counsel, asked me to send to you the enclosed certified true copy of Resolution No. 69-08 entitled A Resolution Approving Exchange of Jackson County's Reversionary Interest in Real Property located on West Nevada Street, near the terminus of Helman Street, Ashland, Oregon. Sincerely, y. {;/jJJ -~(I-U~~ t~v )-- Elizabeth Biddle Sr. Administrative Assistant Enclosure CERTIFIED A TRUE COpy B1f:~ " .... Allie O'Connor BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JACKSON COUNTY, OREGON A Resolution Approving Exchange ) of Jackson County's Reversionary ) interest in Real Property located ) on West Nevada Street, near the terminus ) of Helman Street, Ashland, Oregon ) RESOLUTION NO. (,q,,()K WHEREAS, on June 29, 1977, Jackson County deeded to the City of Ashland certain real property which currently serves as the Ashland Dog Park, via a Bargain and Sale Deed recorded in the Official Records of Jackson County as OR #77-13324 (Dog Park Property); and, WHEREAS, the above-referenced 1977 deed from Jackson County to the City of Ashland includes a contingent reversionary interest in favor of Jackson County which states: "... so long as said property is used for public park and recreation purposes or is maintained for benefit of the public as a scenic and open space area. When said property is no longer so used, the interest of the grantee [City of Ashland], or its assigns shall automatically terminate and the property shall revert to the grantor [Jackson County];" and, WHEREAS, on December 19, 2007, the City of Ashland enacted Ordinance No. 2945, entitled: "An Ordinance Approving the 'Verde Village Development Agreement,' an Agreement between The City of Ashland, Oregon and Ashland Flower Shop and Greenhouses, Inc., Pursuant to ORS Chapter 94 and the Ashland Municipal Code;" and, WHEREAS, the Development Agreement for Verde Village (Attachment 1 to Ashland Ordinance No. 2945) includes a proposed exchange of real property between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc., under which a portion of the Dog Park Property (approximately 1.54 acres in size) will be conveyed to Page -1- & 9 rot Ashland Flower Shop and Greenhouses, Inc. in exchange for Ashland Flower Shop and Greenhouses conveying to the City of Ashland neighboring land (approximately 2.78 acres in size) which is adjacent to the remaining Ashland Dog Park Property; and, WHEREAS, the land proposed to be conveyed by Ashland Flower Shop and Greenhouses, Inc. to the City of Ashland pursuant to Ashland Ordinance No. 2945 will be used for public park and recreational purposes or maintained for benefit of the public as a scenic and open space area; and WHEREAS, the land proposed to be conveyed by Ashland Flower Shop and Greenhouses, Inc. to the City of Ashland pursuant to the exchange under Ashland Ordinance No. 2945 will benefit the public by, among other things, providing an extension of the public Bear Creek Greenway multi-use path to be constructed by Ashland Flower Shop and Greenhouses, providing the City of Ashland with an opportunity to enhance the property's riparian frontage along Ashland Creek, and providing the public with a greater amount of scenic open space under public ownership and control; and, WHEREAS, the portion of the City of Ashland's Dog Park land proposed to be conveyed to Ashland Flower Shop and Greenhouses, Inc. pursuant to Ordinance No. 2945 serves primarily as the current access to the City of Ashland Dog Park and the Bear Creek Greenway multi-use path; and, WHEREAS, after development of Verde Village Project as reflected in Ashland Ordinance No. 2945, public access to City's Dog Park and the Bear Creek Greenway multi-use path will be provided the improved public streets and sidewalks constructed in connection with the Verde Village Project; and, WHEREAS, pursuant to ORS Chapter 271, during 2007 the City of Ashland engaged Vesta Real Estate Services, Inc. of Salem, Oregon, a licensed real estate appraisal and consulting firm, to conduct analyses and issue appraisal reports reflecting the fair market value of the respective lands proposed for exchange under between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc. under Ashland Ordinance No. 2945; and, WHEREAS, pursuant to the appraisal analysis provided to the City of Ashland by Vesta Real Estate Services, Inc., the indicated value of the portion of City's Dog Park Property proposed to be conveyed to Ashland Flower Shop and Greenhouses, Inc. pursuant to Ashland Ordinance 2945 was the sum of $134,000; and, WHEREAS, pursuant to the appraisal analysis provided to the City of Ashland by Vesta Real Estate Services, Inc., the indicated value of Ashland Flower Shop and Page -2- 69,o<f Greenhouses, Inc. land proposed to be conveyed to the City of Ashland pursuant to Ashland Ordinance No. 2945 was the sum of $ 284,000; and, WHEREAS, the conclusion of the appraisal analysis provided to the City of Ashland by Vesta Real Estate Services, Inc. reflected a $ 150,000 difference in indicated value of the lands proposed for exchange between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc. pursuant to Ashland Ordinance No. 2945, in favor of the City of Ashland; and, WHEREAS, the proposed exchange of land between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc. is to be a quid pro quo exchange pursuant to Ashland Ordinance No. 2945, without the City paying any compensation to Ashland Flower Shop and Greenhouses, Inc. for the difference in value of the land proposed to be exchanged between them; and, WHEREAS, the land exchange proposed in Ashland Ordinance No. 2945 between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc. must be approved by State and Federal agencies, which will review the relevant appraisal reports and other aspects of the proposed land exchange; and, WHEREAS, the proposed land exchange in Ashland Ordinance No. 2945 cannot be accomplished unless Jackson County agrees to relinquish its reversionary interest in the portion of the City of Ashland's Dog Park land proposed for conveyance to Ashland Flower Shop and Greenhouses, Inc.; and, WHEREAS, Ashland Ordinance No. 2945 provides that the deed to the land to be conveyed to the City of Ashland by Ashland Flower Shop and Greenhouses, Inc. will provide Jackson County with a reversionary interest which is the same as the reversionary interest which currently encumbers the portion of the City of Ashland Dog Park Property proposed for exchange; and, WHEREAS, under ORS 275.330(2), an Oregon county may alienate, sell, convey, or exchange, in whole or in part, land set aside for park or recreational purposes; and, WHEREAS, under ORS 275.330(3), prior to alienating, selling, conveying or exchanging land set aside for park or recreational purposes, a county shall hold a hearing at which objections to the proposed alienation, sale, conveyance or exchange may be heard, after providing public notice of such hearing weekly for two consecutive weeks in a newspaper circulated generally within the county; and, Page -3- &?~~t WHEREAS, on March _26,2008, after providing public notice comporting with the requirements of ORS 275.330(3), the Board held a public hearing at which concerning the Jackson County's relinquishment of its reversionary interest in the property described in attached Exhibit "A", in exchange for a duplicate reversionary interest in the property described in attached Exhibit "B", and during said hearing considered public testimony; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Jackson County, Oregon, as follows: 1 . Jackson County will relinquish its reversionary interest in that portion of the Ashland Dog Park property to be conveyed to Ashland Flower Shop and Greenhouses, Inc. (described in attached Exhibit "A") in exchange for an identical reversionary interest in the property to be conveyed to the City of Ashland (described in attached Exhibit "B"), subject to the following conditions: A. The real property exchange under City of Ashland Ordinance No. 2945 must be approved by the necessary state and federal agencies; B. County Counsel will review the proposed deeds and documents consummating the land exchange between the City of Ashland and Ashland Flower Shop and Greenhouses, Inc. prior to the transaction closing, and approve the form of deeds or other documents necessary to release the County's existing reversionary interest in the property described in attached Exhibit "A"; in exchange for an identical reversionary interest in the property attached as Exhibit "B". DATED this 26th day of March, 2008, at Medford, Oregon. ~ ~~t?!.~ Jac r, Commissioner I:\CAO\Admin\BoC\Orders\COUN SEL Page -4- &f~~6 EXHlBIT <A' CITY OF ASHLAND TO VERDE VILLAGE A parcel of land, being a portion of that certain tract conveyed from Jackson County to the City of Ashland in Document No. 77-13324, Official Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at a point 356.40 feet West of the Northwest Comet of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 00 17' 00" West, 874.58 feet to the center of Ashland Creek; thence along the easterly line of said tract described in Document No. 77-13324 of said Official Records, South 00 17' 00" West, 405.01 feet to the Point of Beginning; thence continuing along said easterly line, South 00 17' 00" West, 428.30 feet to a point East of the Northeast corner of tract described in Correction Deed recorded as Document No. 67- 04020 of said Official Records; thence to said Northeast comer and along the North line of said tract, West, 50.00 feet to the Northwest corner thereof; thence along the West line of said tract and it's extension South. 00 17' 00" West, 267.82 feet to the northerly line of Nevada Street as described in Document No. 66-10285 of said Official Records; thence along ~laid northerly line, North 890 49' 50" West, 30.00 feet to the easterly line oftract described in deed recorded in Volume 296, Page 362, Deed records, Jackson County, Oregon; thence along said easterly line, North 00 17' 00" East, 149.34 feet; thence continuing along said easterly line, North 3033' 00" West, 446.90 feet to the Northeast corner of said tract; thence along the northerly line of said tract, North 860 221 00" West, 388.90 feet to the northwest comer thereof; thence North 90 58' 00" West, 16.03 feet; thence South 860 22' 00" East, 224.98 feet; thence North 530 38' 46" East, 53.42 feet; thence North 50 13' 34" East, 14.61 feet; thence North 610 56' 43" East) 36.00 feet; thence North 78029"' 33" East, 50.25 feet; thence South 859 "33'. 47" East, 79.84 feet; thence North 840 03' 01" East, 72.17 feet to the Point of Beginning, containing 1.54 acres more or less. October 22, 2007 RE~ISTl;!~!:D PROFESSIONA\,.. LAND SURVEYOR " ... ;l-ff\-..C-- OREGON JIJt.'( 2~. ,~ STUART M. OSMUS "!o. 24e4 ~. "2. , .... .....-.----. \\ " Exhibit Page \ of-L, II " EXHIBIT of] WILLIAl-.1S TO CITY OF ASHLAND A parcel afland, being a portion ofiliat certain tract conveyed to the Asbland Flawershop and Greenhouses, Inc. in Document No. 88.09105, Official Records, Jacksoll County, Oregon, and being more particularly described as follows: Commencing at a point 356.40 feet West of the Northwest Comer of Donati OIl Land Claim No. 53, Township 38 South, Range 1 East, Willamet1e Meridian, Jackson County, Oregon; thence South 00 17' 00" West, 874.58 feet to the center of Ashland creek, being the most northerly comer of saId tract described in Document No. 88.09105 and being the P(lint of Beginning; thence along the center of Ashland Creek the following courses and distances; thence South 30053' 06" East, 118.09 feet; thence South 21" 59' 31" East., 66.00 feet; thence South 48004'13" East, 78.43 feet; thence North 75010' 41" East, 30.58 feet; thence South 830 19' 34" East, 65.92 feet; thence South 650 07' 06" East, 44.31 feet; thence South 260 42' 09" East, 51.85 feet; thence South 16007' 50" East, 219.08 feet; thence South 180 54' 37" West, 136.23 feet; thence South 0" 23' 16" East, 81.45 feet; thence South 250 08' OS" West, 252.60 feet; thence South 70 01' 15" West, 87.65 feet; thence South 19" so' 49" East, 45;13 feet; thence South 4" 48' 17" Enst, 43.49 feet to the northerly line of Nevada Street as described in l)ocument No. 66-10285 of said Official Records; thence alongsaidnorthetly line, North 890 49' 50" West, 68.10 feet; thence leaving said northerly line, 42.53 feet along the arc oia Don-tangent curve which is concave to the southwest, having n radius of 121.45 feet, n central angle of 2.0" 03' 58", and a long chord which bears North 13" 12' 33" West, 42.32 feet; thence 40.91 fe.et along the arc ofa curve to the right, having n radius of98.52 feet, a centralllllgle of230 47' 36", and a long chord which bears North 11020' 44" West, 40.62 feet; thence North 0033' 04" East, 18.93 feet; thence North ,50 53' 11" East, 47.20 feet; thence North 17" 37' 31" East, 54.81 feet; thence North 21026' 34" East, 72.03 feet; thence North 350 59' l3uERS!, 48.55 feet; thence 57.31 feet along the arc oca curve to the left, havmgaradius of 48.70 feet, a central angle of 67" 25'26", and a long chord which bears North 20 16' 30" East, 54.06 feet; thence 58.49 feet along the arc ofa curve to the right, having a radius of 57.76 feet, a central angle of 58" 01' 05", and n long chord which bears North 2" 25' 41" West, 56.02 feet; thence North 260 34' 52" East, 30.74 feet; thence North 220 55' 37" East, 58.94 feet; thence North 180 57' 0 I" East, 32.25 feet; thence North 10039' 55" East, 97.44 feet; thence North 150 38' 24" West, 38.84 feet; 1bence North 350 24' 16" West, 60.15 feet; thence North 53" 22' 56i. West, 19.90 feet; thence North 66" 58' 54" West, 44.99 feet; thence South 880 ,56' 50"West:, 54.96 feet; thence South 82" 05' 30" West, 35.65 feet; thence South 890 31'29" West, 67.18 feet; thence South. 3D 26' 59" Enst, 34.10 feet; thence South 84" 03' 01" \Ve5tt 20.18 feet to the cl1Sterly Ime of tract described in Document No. 77-13324 of said Official R.ecords; thenee along said easterly line, North 00 17' 00" East, 405.01 feet to the Point of Beginning, containing 2.75 acres more "orless. October 22, 2007 Exm:t .rL It ~ Page_of-,-_ Il&r..~ I ST E. 1\ EO ) 'PROFESSIONAL LAND SURVEYOR" .~ --'4. t- OflEGON t .JUl,yn.'= J STUART M. osMUS o. 2~4 .- ~ 'Ii 31 JOe