|Title:||Approval of quitclaim deed to remove easement on Perozzi property|
|Date:||August 19, 2003|
|Submitted By:||Paul Nolte|
|Gino Grimaldi, City Administrator|
|Synopsis:||This quitclaim deeds removes a 1966 easement granted by Southern Oregon College to the City for street, sidewalk and utility purposes to connect Pinecrest Terrace to Elkader Street (map attached). In 2002 this property was subdivided and the subdivision plat dedicates the property described in the easement to the City of Ashland for "street, sidewalk, and utility easements."|
|Recommendation:||Authorize the Mayor to sign the quitclaim deed on behalf of the City.|
|Background:||Southern Oregon University sold the Perozzi property to
developers in 2001 for the purpose of subdividing the property. The Perozzi
property lies outside the Ashland city limits. In the process of subdivision
approval, the city sought and received commitments for improvement of an
easement through the subdivision that connects Pinecrest Terrace to Elkader
Street. The improvements have now been made and the street has been dedicated
to the City.
This matter was previously placed on the council agenda for the June 17, 2003, meeting but was removed at my request because of title issues raised by the title company. Those issues were identified in a pending sale of a lot in the newly created subdivision. The title company identified a possible problem between the extent of the easement and the street dedication. Certain storm drain facilities were identified as being outside the street dedication and it was felt that removal of the easement would put those facilities at risk. For that reason the item was removed from council consideration. Since that time, however, our Engineering Department has determined that the new dedication of Pinecrest Terrace included a large extension of the public utility easement to the south and west to cover all storm drains and other facilities outside of the right of way dedication. There is no reason, therefor, to retain the underlying easement.
1) Map of Perozzi property subdivision (Highwood Mountain) and Pinecrest
2) Quitclaim deed.
City of Ashland, Oregon, Grantor, releases and quitclaims to Peter Bleiweiss and Deborah Morgan, Grantees, all right, title and interest in and to the following described real property:
The easement for street, sidewalk and utility purposes as it may affect Lot 2 of the Highwood Mountain Estates Subdivision as disclosed in the document recorded at 66-05618, Jackson County, Oregon, deed records.
THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true consideration for this conveyance is $1.00 plus other property or value is a part of the consideration.
Dated this __________ day of _______________________, 2003.
Alan W. DeBoer, Mayor
Barbara Christensen, City Recorder
State of Oregon
County of Jackson
This instrument was acknowledged before me on __________________, 2003, by Alan W. DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon.
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