Council Communication October 20, 2015, Business Meeting

Transcription

1 Council Communication October 20, 2015, Business Meeting Approval of Quitclaim Deeds to Terminate Public Pedestrian Access Easements FROM: Scott A. Fleury, Engineering Services Manager, Public Works, SUMMARY The Council is asked to approve quitclaim deeds in order to remove existing pedestrian access easements across three residential properties and the Birchwood subdivision open space. As required by ORS the City Council must approve relinquishment of any deed restrictions in favor of the public. BACKGROUND AND POLICY IMPLICATIONS: Engineering staff was contacted by the property owners for 400, 410 and 420 Clay St. respectively to consider terminating an existing pedestrian access easement across their properties. The easement is ten feet wide and was dedicated on officially recorded Partition Plat, P Staff discussed the option of removing the pedestrian easement via quitclaim with the Planning Department in order to determine the proper steps for removal of a planning requirement. The pedestrian easement was a requirement of previous planning action approval for the partition plat at 400 Clay St. The Planning Department determined the appropriate steps were to file for removal of the pedestrian easement as a new planning action. In the discussion it was also determined that planning would work with the Birchwood homeowners association in order to combine their pedestrian easement quitclaim into one planning action. The Birchwood pedestrian easement is dedicated on the Birchwood planned community map, survey number in the office of the Jackson County Surveyor. This type 1 planning action was reviewed by staff, publicly noticed for public comment and subsequently approved by the Planning Director on December 12, The notice of final decision and findings and orders that approved removal of the pedestrian easements are included with this staff report as an attachment. In addition to working with the Planning Department, staff contacted specific members of other city departments to garner their opinion of terminating the easement. No opposition to removal of the pedestrian easement was generated. It was determined the existing sidewalk along Clay St. connects to Ashland St. creating a continuous pedestrian walkway for residents of that section of Clay St. There is also an existing pedestrian connection to McCall Dr. from Birchwood Lane for pedestrians to utilize as well and a future alley connection between McCall Dr. and to the intersection of Engle and Villard streets, providing overall adequate pedestrian and bicycle facilities in that area. Page 1 of 2

2 FISCAL IMPLICATIONS: There are no fiscal implications of this action other than expended staff time. All document preparation and recording fees will be borne by the property owners. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the attached quitclaim deeds which would remove the pedestrian access easement that was dedicated to the City, on partition plat P and SUGGESTED MOTION: Move to approve the four attached quitclaim deeds which will terminate a public pedestrian access easement granted to the City in 2013, on partition plat P and ATTACHMENTS: 1. Planning Commission Notice of Final Decision, December 12, Trunnell Quitclaim Deed 3. Siple Quitclaim Deed 4. Wildman Quitclaim Deed 5. Birchwood s at Ashland Homeowners Quitclaim Deed 6. Partition Plat Map P Birchwood Planned Community Map Page 2 of 2

3

4

5

6

7

8

9 Until a change is requested, all tax statements shall be sent to: Adrienne & Gregg Trunnell 400 Clay St. Ashland, OR After recording return to: Adrienne & Gregg Trunnell 400 Clay St. Ashland, OR STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims toadrienne and Gregg Trunnell, as to an undivided 100% Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 foot public pedestrian easement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P , recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No , in the Office of the County Surveyor, lying within that tract of land currently owned by Grantees, which tract of land owned by Grantees in Parcel 1 shown on Partition Plat No. P referred to above. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON S RIGHTS, IF ANY, UNDER ORS , AND TO AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 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 OR , 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 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS , AND TO AND SECTIONS 5 TO 11 CHAPTER 424, OREGON LAWS The true consideration for this conveyance is $ DATED this day of July, GRANTOR City of Ashland, a municipal corporation STATE OF OREGON ) )ss. County of Jackson ) John Stromberg, Mayor The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page 1 of 1

10 Until a change is requested, all tax statements shall be sent to: Kathleen Kim Siple, Trustee, and Gary Bruce Dittler, Trustee 1968 Treewood Lane San Jose, CA After recording return to: Kathleen Kim Siple, Trustee, and Gary Bruce Dittler, Trustee 1968 Treewood Lane San Jose, CA STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims to Kathleen Kim Siple, Trustee of the Kathleen Kim Siple 2000 Living Trust dated October 5, 2000 as to an undivided 90.7% interest and Gary Bruce Dittler, Trustee of the Gary Bruce Dittler 2003 Living Trust dated February 3, 2003 as to an undivided 9.3% interest as tenants in common, Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 foot public pedestrian easement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P , recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No , in the Office of the County Surveyor, lying within that tract of land currently owned by Grantees, which tract of land owned by Grantees in Parcel 2 shown on Partition Plat No. P referred to above. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON S RIGHTS, IF ANY, UNDER ORS , AND TO 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 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 OR , 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 , AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS , AND TO 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 The true consideration for this conveyance is $ DATED this day of July, GRANTOR City of Ashland, a municipal corporation STATE OF OREGON ) ) ss. County of Jackson ) John Stromberg, Mayor The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page 1 of 1

11 Until a change is requested, all tax statements shall be sent to: Robert Wildman and Allison Wildman 420 Clay St. Ashland, OR After recording return to: Robert Wildman and Allison Wildman 420 Clay St. Ashland, OR STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims to Robert and Allison Wildman, as to an undivided 100% Grantees, all right, title and interest in and to the following described real property: All that portion of the 10 foot public pedestrian easement granted to the City of Ashland by dedication on that certain Land Partition Survey, Partition Plat No. P , recorded February 27, 2002, in Record of Partition Plats in Jackson County, Oregon, and filed as Survey No , in the Office of the County Surveyor, lying within that tract of land currently owned by Grantees, which tract of land owned by Grantees in Parcel 3 shown on Partition Plat No. P referred to above. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON S RIGHTS, IF ANY, UNDER ORS , AND TO 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 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 OR , 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 , AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS , AND TO 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 The true consideration for this conveyance is $ DATED this day of July, GRANTOR City of Ashland, a municipal corporation STATE OF OREGON ) ) ss. County of Jackson ) John Stromberg, Mayor The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page 1 of 1

12 Until a change is requested, all tax statements shall be sent to: The Birchwood's at Ashland Homeowners Association 2117 Birchwood Lane Ashland, OR After recording return to: The Birchwood's at Ashland Homeowners Association 2117 Birchwood Lane Ashland, OR STATUTORY QUITCLAIM DEED City of Ashland, a municipal corporation, Grantor, releases and quitclaims to The Birchwood's at Ashland Homeowners Association, as to an undivided 100% Grantees, all right, title and interest in and to the following described real property: The Public Pedestrian and Bicycle Easement granted to the City of Ashland by dedication on that certain Birchwood At Ashland, A Planned Community Plat, recorded June 17, 1999 in Volume 25 of Plats on Page 19 of the Records of Jackson County, Oregon, and filed as Survey No in the office of the Jackson County Surveyor. Beginning at the Southeast corner of Lot 5 of said plat, thence South East, 8.00 feet to the Southwest corner of Lot 6 said plat, thence North East, feet to the Northwest corner Lot 6 said plat, thence North West, 8.00 feet to the Northeast corner Lot 5 said plat, thence South West, feet to the Southeast corner Lot 5 said plat, also being the Point of Beginning, containing 744 Sq.Ft. more or less. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON S RIGHTS, IF ANY, UNDER ORS , AND TO 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 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 OR , 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 , AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS , AND TO 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 The true consideration for this conveyance is $ DATED this day of July, GRANTOR City of Ashland, a municipal corporation STATE OF OREGON ) ) ss. County of Jackson ) John Stromberg, Mayor The foregoing instrument was acknowledged before me this day of July, 2015, by John Stromberg, as Mayor of City of Ashland, a municipal corporation, on behalf of Grantor. Notary Public for Oregon My commission expires: Page 1 of 1

13

14

15