HomeMy WebLinkAboutCouncil Resolutions 1581 RESOLUTION NO. /S 31
A RESOLUTION ACCEPTING A DEED OF DEDICATION FOR LAND REFERRED TO AS
THE DON AND FLO BOHNERT FAMILY FARM PARK FROM THE TWIN CREEKS
DEVELOPMENT COMPANY, LLC FOR PARK PURPOSES AND DIRECTING THE CITY
MANAGER TO TAKE SUCH STEPS AS MAY BE REQUIRED TO COMPLETE THE
DONATION
Recitals:
A. The City has been working with the developer of Twin Creeks, Twin Creeks
Development, LLC ("Developer") and the Johnson Family to develop an all-age park in
the northern part of Twin Creeks. The property is described as LOT 2, THE NORTH
VILLAGE AT TWIN CREEKS, PHASE III.
B. As a condition of development, the developer was required to install or fund specified
improvements to Bohnert Park, and ultimately to dedicate the park to the City.
C. To date, the park land is encumbered by CCRs for Twin Creeks development, however
the City is working with the Developer to amend the CCRs to remove the property from
said CCRs.
D. The City has been awarded grant funds to complete the remaining improvements to the
playground, and as a condition of such grant award, must take title to the property.
E. As a condition of recording, ORS 311.411 requires the Developer to obtain a certification
from the tax assessor that all taxes have been paid on the property before recording the
deed.
F. The City desires to accept donation of the land at this time, for the purpose of
completing the park improvements, with the condition that the City will continue to
work with the Developer to remove the CCRs from title.
G. The City finds time is of the essence in finalizing and recording the deed, to ensure
compliance with the grant award.
The City of Central Point resolves as follows:
Section 1. The City hereby accepts the donation of land via Deed of Dedication in substantially
the form attached hereto as Exhibit "A".
Res. No. /581 ;June 13, 2019 Page 1
Section 2. The City Manager or his designee is directed and authorized to execute the deed and
to complete any other documents required to complete the acceptance of the donation.
Section 3. The City Manager or his designee is directed to record the deed upon receipt of a
certification from the tax assessor that all taxes have been paid.
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Passed by the Council and signed by me in authentication of its passage this 13 day
of June, 2019.
Mayor Hank Williams
ATTEST.
City Recorder G
Res. No. ./S—PI ;June 13, 2019 Page 2
AFTER RECORDING RETURN TO:
City Recorder
City of Central Point
140 S. Third Street
Central Point, OR 97502
Map No.: 372W03BC
Tax Lot No.: 307
Grantor: Twin Creeks Development Co., LLC
Grantee: City of Central Point
DEED OF DEDICATION
KNOW ALL BY THESE PRESENTS, THAT TWIN CREEKS DEVELOPMENT
CO., LLC, an Oregon limited liability company hereinafter called the GRANTOR, does hereby
grant unto the CITY OF CENTRAL POINT, an Oregon municipal corporation, hereinafter called
the CITY, its successors in interest and assigns, all the following real property in the County of
Jackson, State of Oregon, to be used and held by the CITY for park and public utility purposes,
bounded and described as follows,to wit:
LOT 2, THE NORTH VILLAGE AT TWIN CREEKS, PHASE III, IN
THE CITY OF CENTRAL POINT, JACKSON COUNTY, OREGON,
ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN
VOLUME 39, PAGE 6, PLAT RECORDS.
TO HAVE AND TO HOLD, the above described and granted premises unto the said
CITY, its successors in interest and assigns forever for open space, park and recreation, and such
other public purposes as the CITY may determine.
The true consideration of this conveyance is for other value given, the receipt of which is
hereby acknowledged by GRANTOR.
And the GRANTOR above named hereby covenants to and with the CITY, and the CITY's
successors in interest and assigns that GRANTOR is lawfully seized in fee simple of the above
named premises, free from all encumbrances except as specifically set forth herein below and that
GRANTOR and its heirs and personal representatives shall warrant and forever defend the said
premises against the lawful claims and demands of all persons claiming by, through or under the
GRANTOR:
1. Easement, including terms and provisions contained therein:
Recording Information: April 25, 2005 as Document No. 2005-023042
For: Irrigation (see plat/partition for exact location)
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2. Easement as shown on the recorded plat/partition
For: Public utilities
Affects: Southeasterly,
Southwesterly, Northwesterly & Northeasterly 10 feet
In construing this deed and where the text so requires, the singular includes the plural and
all grammatical changes shall be implied to make the provisions hereof apply equally to
corporations and to individuals.
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, SECTIONS 2 TO 9
AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 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 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this 3rd day of
April 2019; if a corporate grantor, it has caused its name to be signed and seal affixed by its
officers, duly authorized thereto by order of its members.
TWIN CREEKS DEVELOPMENT CO., LLC
By:
PRINT NAME: . Member
Notarial page follows
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STATE OF OREGON )
) ss:
County of Jackson )
On this day of , 2019, before me, the undersigned Notary
Public in and for said State, personally appeared , as Member of TWIN
CREEKS DEVELOPMENT CO., LLC, AN OREGON LIMITED LIABILITY COMPANY, known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that said instrument was signed and sealed on behalf of said company by
authority of its Members, and he acknowledged said instrument to be its voluntary act and deed.
Notary Public for the State of Oregon
My Commission Expires:
Accepted on behalf of the City of Central Point on the condition that the deed of dedication
conveyed is free and clear from taxes, liens, and encumbrances except those encumbrances
listed as 1-2 herein above.
By:
Chris Clayton, City Manager
Attest:
Deanna Casey, City Recorder
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