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Home My WebLink AboutCouncil Resolution 1226RESOLUTION N0. A RESOLUTION ACCEPTING DONATION OF SKYRMAN PROPERTY TO THE CITY OF CENTRAL POINT FOR PARK PURPOSES Recitals 1. Wally Skyrman of 4588 North Pacific Highway, Central Point, Oregon, wishes to donate his property and associated buildings to the City of Central Point, on certain conditions, for the establishment of a public park for recreational and education purposes. The property consists of approximately 1.95 acres located on the north side of the Oregon State Police building on Highway 99; 2. Mr. Skyrman and the City have agreed to execute a Warranty Deed, a copy of which is attached hereto, marked Exhibit "A", conveying the property to the City under certain terms and conditions; and 3. The City wishes to accept the donation under the agreed-upon conditions. NOW, THEREFORE, BE IT RESOLVED that the Mayor, on behalf of the City, is hereby authorized to sign the Warranty Deed With Reservations of Life Estate and Conditions, accepting donation of the Skyrman property on the terms and conditions contained therein. Passed by the Council and sig`ned by me in authentication of its passage this Q'~~ day of ~G`+p~l~t.(- 2009. ''~~~s~GfG~Y (iv~G~ Yiayor Hank Williams Approved by me this 8~ day of e Q ~~ 2009. __~~'i~if~ ` Mayor Hank Williams UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOLLOWING ADDRESS: City of Central Point 140 S. Third Street Central Point, OR 97502 AFTER RECORDING RETURN T0: City of Central Point 140 S. Third Street Central Point, OR 97502 WARRANTY DEED WITH RESERVATI02 OF LIFE ESTATE AND CONDITIONS Wallace Martin Skyrman, Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008, GRANTOR, conveys and warrants to the City of Central Point, Oregon, a municipal corporation; GRANTEE, the real property described on Exhibit "A" and "B" attached hereto and by this reference incorporated herein, free of encumbrances except as specifically set forth herein. Reserving to GRANTOR the exclusive right to possess and control the property so long as GRANTOR shall live. This conveyance is conditioned upon and is subject to the following: 1. GRANTEE will allow a period of twelve months from GRANTOR'S death before taking possession of the property, so as 1 - WARRANTY DEED WZTH RESERVATION OF LIFE ESTATE AND CONDITIONS to allow for removal of personal items and sheds from the property. 2, The property may only be used by GRANTEE as a botanical garden or arboretum, with emphasis on plant identification, propagation, trial plots and general horticultural studies. 3. GRANTEE will make diligent effort to obtain adjacent properties for the purpose of parking and arboretum expansion. If that is not possible, GRANTEE will pursue a use agreement for weekend arboretum parking at either the adjacent Oregon State Police or nearby Teamsters Hall. 9. The Skyrman family house at 9588 N. Pacific Highway, Central Point, shall be retained for use as an office, conference area, storage, etc. If this is found to be impractical, GRANTEE shall allow relocation of the house to individuals listed by GRANTOR. 5. GRANTEE shall consider forming an arboretum advisory group to aid in the development, operation and maintenance of the property, with the hope that county, state and federal agencies may take a participatory role in the use of the arboretum, 6. GRANTEE agrees to comply with the above conditions. If any of the above conditions are ever violated, GRANTEE shall 2 -WARRANTY DEED WITS RESERVATION OF LIFE ESTATE AND CONDITIONS relinquish ownership of the property and transfer the property and all fixtures thereon to Oregon Community Fund, Skyrman Techno Fund. The consideration for this conveyance in actual money is $0. GRANTOR is conveying the property based on GRANTEE'S promise to use it for park purposes in perpetuity. 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. 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 429, OREGON LAWS 2007. GRANTOR GRANTEE Wallace Martin Skyrman Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008 CITY OF CENTRAL POINT, OREGON By Mayor Hank Williams 3 -WARRANTY DEED WITH RESERVATION OF LIFE ESTATE AND CONDITIONS STATE OF OREGON ) ss. County of Jackson ) On this day of 2009, personally appeared before me Wallace Martin Skyrman, Trustee of the Wallace Martin Skyrman Revocable Living Trust Dated October 20, 2008, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ss. County of Jackson ) On this day of 2009, personally appeared before me Hank Williams, Mayor of the City of Central Point, Oregon, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point, Oregon. Notary Public for Oregon My Commission Expires: 4 -WARRANTY DEED WZTfl RESERVATION OF LIFE ESTATE AND CONDITIONS EXHIBIT " A " SKYRMAN LIFE ESTATE DESCRIPTION SHEET All that real property being located in the Northwest One-quarter of Section 3, Township 37 South, Range 2 West of the Willamette Meridian, City of Medford, Jackson County, Oregon, as depicted on Survey Number 20332, filed in the office of the Jackson County Surveyor, more particularly described as follows: Commencing ai the North One-Quarter corner of said Section 3; thence along the North-South centerline of said Section 3, South 00°16'50" East, 2025.84 feet to the northeast corner of Parcel No. 2 of Partition Plat No. P-95-1993 of the Records of Partition Plats, Jackson County, Oregon, and filed as Survey Number 13716 in the Office of the Jackson County Surveyor; thence along the northerly boundary of said partition plat, West, 273.02 feet to a 518 inch iron pin; thence along the boundary of Parcel No. 1 of said partition plat, South 01°11'03" West, 2.86 feet to a 5/8 inch iron pin, being the beginning of the boundary agreement line described in Instrument No. 98-037025, Official Records of Jackson County, Oregon; thence continue along said boundary agreement line, South 55°07'34" West, 0.69 feet to a 518 inch iron pin and the True Point of Beginning; thence continue along said boundary agreement line South 55°07'34" West, 474.25 feet to a 518 inch iron pin, being a point on the northeasterly right of way line of U.S. Highway No. 99; thence along said right of way, North 35°08'30" West, 169.41 feet to a 518 inch iron pin, being a point on the boundary agreement line described in Instrument No, 99-025600, said official records; thence leaving said right of way along last said boundary agreement line, North 54°40'18" East, 128.47 feet to a 518 inch pin; thence continue along last said boundary agreement line, North 35°43'23" West, 70.61 feet to a 518 inch pin, being a point on the boundary agreement line described in Instrument No. 99-025597, said official records; thence along last said boundary agreement line, South 89°54'17" East, 135.12 feet to a 518 ihch pin; thence continue along last said boundary agreement line North 89°45'06" East, 287.89 feet. to the True Point of Beginning. The resulting tract contains 1.45 acres, more or Less. Basis of Bearing for this description is Survey Number 20332 as filed in the Office of the Jackson County Surveyor. Prepared By: Neathamer Surveying, Inc. 3126 State Street, Suite 100 PO Box 1584 Medford, Oregon 97501 Phone: (541) 732-2869 FAX: (541) 732-1382 Project Number 09002-D Date: October 1, 2009 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 19. 1994 ROBERT V. NEATHAMER 2675 RENEWAL DEC. 31?~t 0 EXHIBIT "B " SKYRMAN LIFE ESTATE Located pr the Northwest One-quarter of Section 3, Townsh~i 97 South, Rcyxae ?West of the Willamette Wterkt/rn, kson Golmt~ Oregon. PREPARED FOR: qty of Central Point Ii0 S Third SC Central Paint, t7R 8760E ~~~'~~ DETAIL \~`.\ ~ NOT TO 8CAL6 ~ t t I I I r /; /: l •\ ~. ~~ - r i I I t I BOUNDARY AGREEMENT LINE PER INST. N0. 99-025597•...• N09.4SC6~ ~ may, ~~ ~~ ~O NI L NORTH 1/~ COR[d;Re OF 8 CTION 9 I I ~I I P~sT 1TSar R,t\~ ,~• BOUNDARY AGREEMENT LINE PER INST. N0. 99-025600 'S~~ryy pART7TlON PLAT ND. gA 9 p-85-0993 S/N 20.992 w.tM~ ~~ PARCEL NO. 1 +1~ y(~ f2" 37 2W 036D ~~ V Tax Lot 600 ~ ~ ~~ ~ ~~ ~ao~ LEGEND ~ kdicdes a 5/0 tr:h ran ph per 5A11x984. ~ SM Indkatee a survey Plbd number h Oa office of the Jackean ~~ county 5wveyor. 1l l R d Incl. No. kW ece e rdlcatee a doaumsn! rocorded reaber h die 0 of .lockeon Canty, Q-ec)on REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 19, 1994 ROBERT V. NEATHAMER 2875 SCALE 1" r= 100' Renewal Date /Zl3l/lO HASI3 OF HEARINGS: xvey Almber xt9~1 m rxee h the mike of the .hckeon ca+ily `-'~~~'.