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HomeMy WebLinkAboutCouncil Resolutions 1605 RESOLUTION NO. I/0M---- A ateA RESOLUTION ACCEPTING A DEED OF DEDICATION FROM SCHOOL DISTRICT 6 FOR IMPROVEMENTS ON NORTH FRONT STREET ADJACENT TO THE MAKERS SPACE AND DIRECTING THE CITY MANAGER TO TAKE SUCH STEPS AS MAY BE REQUIRED TO COMPLETE THE DEDICATION. RECITALS: A. WHEREAS, the City budgeted for streetscape improvements on North Front Street including new sidewalks, street lights and street trees. B. WHEREAS, the City needed additional right of way to complete the project. C. WHEREAS, School District 6 desires to dedicate land for needed right of way and City desires to accept such dedication. The City of Central Point resolves as follows: Section 1. The City Council hereby accepts the right-of-way via a Deed of Dedication from Jackson County School District No. 6 in substantially the form attached hereto. Section 2. The City Manager or his designee is directed and authorized to execute the deed of dedication 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. Section 4. This Resolution shall take effect immediately from and after its passage and approval. Passed by tb.e_Council and signed by me in authentication of its passage this QN\-\^-day of410.AN,I ,IciL11) , 2020. Mayor Hank Williams ATT +T: / /1i t i /�— ity 'ecorder `' �/ AFTER RECORDING RETURN TO: City Recorder City of Central Point 140 S. Third Street Central Point, OR 97502 Map No.: Tax Lot No.: Grantor: Jackson County School District No. 6 Grantee: City of Central Point DEED OF DEDICATION KNOW ALL BY THESE PRESENTS, THAT JACKSON COUNTY SCHOOL DISTRICT NO. 6, an Oregon public school district, 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 right-of-way purposes,bounded and described as follows,to wit: See Exhibit "A"attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD, the above described and granted premises unto the said CITY, its successors in interest and assigns forever for right-of-way purposes 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. 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 successors and assigns shall warrant and forever defend the said premises against the lawful claims and demands of all persons claiming by, through or under the GRANTOR: (a) such recurring assessments and liens by governmental or quasi-governmental entities; and (b)the title exceptions set forth in Exhibit"B"attached hereto. In construing this deed and where the text so requires,the singular includes the plural and Page 1 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 day of 2020; 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. By: PRINT NAME: Notarial page follows Page 2 STATE OF OREGON ) ) ss: County of Jackson ) On this day of , 2020, before me, the undersigned Notary Public in and for said State, personally appeared , as of JACKSON COUNTY SCHOOL DISTRICT NO. 6, an Oregon public school district, 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 Page 3 s. 0 0 Ay \ Exhibit A ,1' / \ Legal Description/Sketch Map c6°' ,c. ilk In the SW1/4, SE1/4 Sec. 8, T.37S., R.2W., W.M. X'1rO t�i ,,�ro �or City of Central Point , Jackson County, Oregon h too 'L c.(4)' / Center Line Curve Data: ' \ Degree of Curve=06'00'00" Length=281.74' Z / Long Chord=S43'52'56"E, 280.71' 7 •1 . \ 7 0 \ er 1 )0 \ \ , >k '0 ', cP "07 \ o• ti. V'�0 9,50 N.0413a` cp °°o���r,� Ivo�` 'fj�\ i / J\(o,, ?i, / `�/ P.T. 568+98.4 �3� �,�\ \o /Center me , D(,) s ,`, t.S S569+00.00, 1' u,„.7 43.50' Right \ T Dedication for Street Right of Way A parcel of land lying in the SW1/4,SE1/4 of Section 3,Township 37 South,Range 2 West,Willamette Meridian,Central Point, Jackson County,Oregon and being a portion of that property described in that Warranty Deed to the Central Point School District 6, recorded December 11,2017 as instrument number 2017-041525 Jackson County Records;said parcel being that portion of said property included in a strip of land 43.50 feet in width lying on the southwesterly side of the center line of the Rogue Valley Highway also known as Front Street and Pacific Highway 99,of which center line is described as follows: Beginning at Engineer's center line Station 546+77.01(point of spiral tangent,said station being 1293.21 feet North and 571.39 feet East of the south quarter corner of said Section 3,thence South 54°08'03"East,79.68 feet to a point of tangent spiral at Engineer's Station 565+56.69;thence along a spiral curve to the right,(the long chord of which bears South 53°32'03"East,60.00 feet)60.00 feet said point also being the point of spiral-curve at Station 566+16.69;thence along the arc of a 06°00'00"degree curve to the righ (the long chord of which bears South 43°52'56"East,280.71 feet)281.741 feet,said point also being at engineer's station 568+98.43 feet;thence South 35°25'53"East,69.34 feet to Engineer's Station 569+67.77. The parcel to which is described lies between Engineer's Station 565+76.90 and 569+00.00.(Shown hatched) The area to which this parcel describes contains 2764.5 square feet,more or less. Property Description/Sketch Map N ri-t,r il:Hu) PR° '°"� Pariani Land Surveying W EP.O. Box 551 S efilividA„, Shady Cove, OR 97539 =NM --- 4.,VANS 541 -890-1131 0 20 40 .JIoFN Ft pAFiAN Date: Scale: Job No.: Sheet: Amway Ll1i �nlbSr'51,' Dec. 2, 2019 1" = 40' 2014-172 1 of 1 EXHIBIT"B" PERMITTED ENCUMBRANCES 1. City liens, if any, of the City of Central Point. 2. The property lies within the boundaries of Rogue Valley Sewer Services and is subject to any charges or assessments levied by said District and pipeline easements in connection therewith. 3. The rights of the public in and to that portion of the herein described property lying within the limits of public roads, streets or highways. 4. An easement including the terms and provisions thereof for the purpose shown below and rights incidental thereto as set forth in instrument: Granted To: California Oregon Power Company Recorded: May 28, 1955 Book 410,Page 419 Affects: Exact location not given 5. Declaration of Covenants for Stormwater and Maintenance of Stormwater Facilities, including the terms and provisions thereof, Recorded: December 14, 2018 Instrument No.: 2018-038152 Page 4