HomeMy WebLinkAboutCouncil Resolutions 1663 RESOLUTION NO. 1662,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTRAL POINT AUTHORIZING THE
RELEASE AND TERMINATION OF A PORTION OF A 10-FOOT WIDE WATERLINE EASEMENT
CREATED BY PARTITION PLAT NO. P-72-2007
RECITALS:
A. WHEREAS, the City received approval to construct a new Public Works facility to be
located on Parcel 1 of Partition Plat No. P-72-2007, recorded in Volume 18 at Page 75 of
the Records of Partition Plats of Jackson County, Oregon, and filed as Survey Number
19847 in the Office of the Jackson County Surveyor(hereinafter"Parcel 1"), and a portion
of Parcel 2 of Partition Plat No. P-33-2016, recorded in Volume 27 at Page 33, of the
Records of Partition Plats of Jackson County, Oregon, and filed as Survey Number 22068,
in the Office of the Jackson County Surveyor (hereinafter "Parcel 2").
B. WHEREAS, construction of the new Public Works facility conflicts with the location of an
existing 10-foot wide waterline easement, which runs approximately north/south across
Parcel 1 and a portion of Parcel 2 that was granted to the City by Partition Plat Number
P-72-2007 (the "Easement").
C. WHEREAS, the Public Works Department has confirmed there is no further public need
for the north/south portion of this Easement. The east/west portion of the Easement
across Parcel 2 will remain in existence.
D. WHEREAS, the City Council deems it appropriate to authorize the partial release and
termination of the north/south portion of the Easement.
The City of Central Point resolves as follows:
Section 1. Recitals. The recitals to this Resolution are incorporated herein for all purposes.
Section 2. Release and Termination of Easement. The north/south portion of the Easement
granted by Partition Plat Number P-72-2007 shall be released and terminated.
Section 3. Approval of Instrument. The Partial Termination of Easement instrument attached
hereto as Exhibit "A" is hereby approved.
Section 4. Execution of Agreement. The City Manager is hereby authorized to execute the
Partial Termination of Easement instrument in substantially the form attached hereto as Exhibit
"A" and take such other actions necessary to facilitate the purpose of this Resolution.
Res. No. I (010. ; May 27, 2021
Passed by the Council and signed by me in authentication of its passage this day of May
2021.
, ,Or*1 ad'id :04'
Mayor Hank Williams
ATTEST•
City Recorder
- IP
Res. No. I toil.?j ; May 27, 2021
EXHIBIT"A"TO RESOLUTION
After recording return to:
City Recorder
City of Central Point
140 S.Third Street
Central Point, OR 97502
Until a change is requested,
All tax statements shall be sent
To the following address:
No Change
PARTIAL EASEMENT TERMINATION
THIS PARTIAL EASEMENT TERMINATION (the "Easement Termination") is given this_
day , 2021 by the City of Central Point, an Oregon municipal corporation
("City") whose address is 140 S. Third Street, Central Point, OR 97502.
Recitals
A. Whereas City is the owner of certain real property more particularly described in the
attached Exhibit"A" incorporated herein by reference (hereinafter "Parcels 1 and 2").
B. Whereas a nonexclusive 10-foot wide waterline easement was granted to the City by
Partition Plat number P-72-2007, a portion of which runs approximately north/south
across Parcel 1 (the "Easement").
C. Whereas the City intends to construct a Public Works facility on the Parcels and the
north/south portion of the Easement will be relocated, such that the existing
north/south portion of the Easement is no longer deemed necessary. The portion of the
Easement to be released and terminated is depicted at Exhibit"B" incorporated herein
by reference. The City intends to retain the remainder of said Easement which runs
approximately east/west across Parcel 2.
D. Whereas the City desires to terminate the north/south portion of the Easement because
the north/south portion of the easement has been abandoned for all practical purposes.
Agreement
NOW,THEREFORE,the City agrees as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
Res. No.L(,,(95 ; May 27, 2021
2. Partial Termination of Easement. The City hereby terminates, releases, and
relinquishes the north/south portion of the Easement created or reserved in favor of the City by
virtue of plat number P-72-2007, the portion of which being terminated is depicted at Exhibit
3. Binding Effect. The terms, covenants, conditions and agreements contained
herein shall run with the land and shall be binding upon and inure to the benefit of the
successors and assigns of the City.
IN WITNESS WHEREOF,this partial easement termination has been executed on this
day of , 2021.
The City of Central Point,
a municipal corporation
By:
Chris Clayton, City Manager
Attest:
City Recorder
STATE OF OREGON )
)ss
County of Jackson
On this_day of , 2021, personally appeared before me Chris
Clayton, City Manager of the City of Central Point, a municipal corporation, and acknowledged
said instrument to be its voluntary act and deed.
Notary Public
My Commission Expires:
Res. No. 16(03 ; May 27, 2021
Exhibit "A"
Legal Description of Parcels
PARCEL A:
PARCEL 1, AS SHOWN ON THE PARTITION PLAT FILED IN THE OFFICE OF THE JACKSON COUNTY
OREGON SURVEYOR AS NO. 19847, AND RECORDED AS PARTITION PLAT NO. P-72-2007 OF
"RECORD OF PARTITION PLATS" IN JACKSON COUNTY, OREGON.
PARCEL B:
PARCEL 2, AS SHOWN ON THE PARTITION PLAT FILED IN THE OFFICE OF THE JACKSON COUNTY
OREGON SURVEYOR AS NO. 22068, AND RECORDED AS PARTITION PLAT NO. P-33-2016 OF
"RECORD OF PARTITION PLATS" IN JACKSON COUNTY, OREGON.
Map No.: 372W10AD 700 and 372W10AD 798
Tax Account No.: 1-081332-8 and 1-100416-3
Res. No. 1( 1s ; May 27, 2021
EXHIBIT " f'
I
ASH STREET
i .....''\
r '
1
EXISTING 10' WATERLINE-- -- i
EASEMENT PER P-72-2007
(SN 19847) TO BE VACATED
ii
i'
0 �.
PARCEL 1
P - 72 - 2007 (SN 19847)
I
E4 V i
W
U
rt 44 1
- 1'.
4ect
z
i '
0
0
, m
PARCEL 2
P - 33 - 2016 (SN 22068)
W
V i
REGISTERED
,/ r PROFESSIONAL
LAND// SURVEYOR
/. OREGON
ti JULY 19, 1994
ROBERT V. NEATHAMER
2675
Reneva/Date /2/31/22