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Home My WebLink AboutOrdinance 1906 Jackson County Official Records 2016-005227 R-OR 02/24/2016 01:41:35 PM • Cnt=1 BARROVVCK $30 00$10 00$10 00$5 00$8 00 Total:$98.00 $11 00$20 00$4 00 111tH II U 111111 UI I ��IIII III 01704667201600052270060060 I Christine Walker,County Clerk for Jackson County Oregon,certify that the Instrument identified herein was recorded in the Clerk records Christine Walker-County Clerk ORDINANCE NO. \�oj AN ORDINANCE VACATING CERTAIN PORTIONS OF THE BIGHAM DRIVE RIGHT-OF-WAY Recitals 1. The City received an application from Paranor Properties, LLC to vacate a portion of Bigham Drive between East Pine Street and Freeman Road. The applicant is requesting vacation in order to consolidate property they own on either side of the right- of-way. 2. On April 26, 2007, the City Council entertained a petition and a proposal to vacate certain portions of the Bigham Drive right-of-way located between East Pine Street and Freeman Road. At that time the Council set the matter for a public hearing. 3. On May 24, 2007, the City Council conducted a duly advertised public hearing and considered arguments in favor of and opposed to the proposed vacation. 4. The City Recording Officer has filed in the Official City Record a certificate verifying that all liens and all taxes have been paid on the lands to be vacated. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. In accordance with ORS 271.120, the City Council makes the following findings: A. Notice of the proposed vacation and the public hearing thereon has been duly given as required by ORS 271.110. B. The owners of at least two-thirds of the area affected as computed on the basis provided in ORS 271.080, have consented in writing to the proposed vacation. C. The owners of all properties abutting the area proposed to be vacated have consented in writing to the proposed vacation. D. The public interest will not be prejudiced by the vacation of the area in question. Section 2. The lands described in Exhibit "A", attached hereto and by this reference incorporated herein, are hereby vacated pursuant to ORS 271.120, and the ownership of said lands hereby vacated shall become vested as provided in ORS 271.140. Section 3. There is hereby reserved to the City of Central Point, all applicable public utility agencies, and contracting cable television companies, an easement over the vacated street and alleys for purposes of installation, maintenance, repair and replacement of utilities and cable vision facilities, including the right to access the property for those purposes. Section 4. The City Administrator is directed to file a recorded copy of this ordinance with the Jackson County Clerk, Jackson County Assessor, and Jackson County Surveyor together with maps, plats, or other records required or provided by law. Passed by the council and signed by me in authentication of its passage this u‘‘"-- day of \v rC 2007. Mayor Hank Williams ATTEST: i �� _ �. "moi✓ City Recorder I, Approved by me this / day of TN tS TN:" 2007. Mayor Hank Williams 2 - Ordinance No. ,4 ors- (05242007) o'- EXHIBIT " A " For Looney Apartments, LLC Assessor's Mop No. 's 372W02CED-500-8200 NW DLC 56 R=68 28 L=126 09 CD=108.92REE'f CB=55'56'25"E " Ni Deito=105'48'13" X71 ,‘N o p1N 51p29 32 0 3 A5 •\OB; �� 0 40 Acres \ 6426 ��z w n ‘ O O i A l0 O n 6200 Acres 027 63.184 807.001 257.40 30 77 N89'54'34"W FREEMAN ROAD I N V / PUE EASEMENT SCALE: 1 " = 100' 0' 50' 700' 200' Prepared by: FARBER & SONS, INC. REGISTERED dba FARBER SURVEYING PROFESSIONAL LAND SURVEYOR 431 Oak Street •• Central Point, Oregon 97502 (541) 664-5599 OREGON HERBERT 26A., E1ARBE985 R J 2189 DATE August 21, 2009 JOB N0. i651-09 RENEWAL DATE 12-31-17 Central Point\Pine Street poronera bighorn \Microsurvey\erh'bit map.dwg , 3 PUBLIC UTILITY EASEMENT Looney Apartments, LLC, an Oregon limited liability company, do hereby dedicate, grant and convey a perpetual easement to PACIFICORP, an Oregon Corporation, CENTURYLINK, INC, a Corporation of Louisiana, AVISTA CORPORATION, a Washington Corporation, Charter Communications and the City of Central Point for a Water Line, GRANTEE' S a perpetual easement described as follows: Commencing at the northwest corner of Donation Land Claim No 56 in Township 37 South, Range 2 West of the Willamette Meridian, City of Central Point, Jackson County, Oregon; thence South 0°05'26" West, along the west line of said Claim, 370.26 feet; thence North 89°54'34" West (Record North 89°59'West) (Record North 88°15'45" West) 257.40 feet; thence continuing North 89°54'34" West 87.01 feet to the POINT OF BEGINNING: thence North 6°06'01" West (Record North 6°15'20" West), along the east line of that tract described in Volume 434, Page 472 of the Deed Records of said county and state, 141.25 feet to the south right of way line for Pine Street; thence South 70°29'12" West (Record South 72°08'21" West), along said right of way, 31.45 feet; thence South 6°06'01" East, along west line of said tract, 130.64 feet to the north right of way line of Freeman Road; thence South 89°54'34" East (Record South 89°59'East) (Record South 88°15'45"East), along said right of way, 30.77 feet to the POINT OF BEGINNING. Said easement for the purpose of construction, reconstructing, maintaining, using, operating and repairing underground facilities together with the right to make such excavation therein as may be required for the installation, repair or maintenance of such facilities; including the such reasonable right of ingress and egress to and from such easement as may be necessary to carry out its purposes, provided that the easement area be restored to the condition it was in immediately prior to such construction, reconstruction or excavation. Grantor reserves the right to use and possess such land within the easement, including without limitation using such easement for paved parking and driveways, and shall not interfere with the Grantee' s use thereof for the purpose above set forth, but shall not cause any buildings or permanent structures to be constructed over any part of the easement without the grantee's consent. IN WITNESS WHEREOF, signed this 2 ,day of January, 2016. Harold D. Looney,, ruC rember STATE OF OREGON ) ss. COUNTY OF JACKSON ) This instrument was acknowledged before me on this o7 7 day of January, 2016, for Looney Apartments LLC by Harold D. Looney, Trustee/Member. . ��Notary Public for Oregon 2C/ s tom, OFFICIAL SEAL a' CATNERME L NE80 - 9/• My Commission expires �- (. NOTARY PUBLIC-OREGON�` �, COMMISSION NO. 464768 EY COM $$ION EKES FEBA6ARY 0t,1018 After recording return to: Looney Apartments, LLC 1750 Delta Waters Road 102 Medford, Oregon 97504 Until a change is reauested all tax Statements shall be sent to: Looney Apartments, LLC 1750 Delta Waters Road 102 Medford, Oregon 97504 STATUTORY BARGAIN AND SALE DEED City of Central Point, a Municipal Corporation, does hereby bargain, sale and convey to Looney Apartments, LLC, an Oregon limited liability company, the following described real property together with any appurtenances thereto: The tracts of land described in Volume 434, Page 472, more particularly described as follows: Commencing at the northwest corner of Donation Land Claim No 56 in Township 37 South, Range 2 West of the Willamette Meridian, City of Central Point,Jackson County, Oregon; thence South 0°05'26" West, along the west line of said Claim, 370.26 feet; thence North 89°54'34"West(Record North 89°59'West) (Record North 88°15'45" West), 257.40 feet; thence continuing North 89°54'34" West 87.01 feet to the POINT OF BEGINNING: thence North 6°06'01" West(Record North 6°15'20" West), along the east line of that tract described in Volume 434, Page 472 of the Deed Records of said county and state, 141.25 feet to the south right of way line for Pine Street; thence South 70°29'12" West(Record South 72°08'21"West), along said right of way, 31.45 feet; thence South 6°06'01"East, along west line of said tract, 130.64 feet to the north right of way line of Freeman Road; thence South 89°54'34"East (Record South 89°59'East) (Record South 88°15'45" East), along said right of way, 30.77 feet to the POINT OF BEGINNING. The true consideration for this conveyance is j;0 (to clear title and adjust property lines) (Complies with requirements of ORS 93.030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTION 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST Page 1 of 2 5 FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTION 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this \\41t...day of 2016. ��/y�� OFFICIAL SEAL _�f"✓ /��iZ�'/�^ 771 MISSIOLASEY\\__)) NOTARYPUBLC-OREGONCOMMISSION NO. 468260U MY COMMISSION EXPIRES MAY 14,2016 STATE OF OREGON County of Jackson: IIff Theforegoinginstrument was acknowledged before me this ` 1day of¶p\�uti 2016,by \\ �Y\.0 IS CIACILA-ON for the City of Central Point, a Municipal Corporation. V Notary Public for Oregon 72.,v0,,A,-, My Commission expires S/i q h 6o O Page 2 of 2 to