FOR THE COUNTY OF TILLAMOOK IN THE STATE OF OREGON

Transcription

1 '1 After Recrding Return t & Send all Tax Statements t: Tillamk Cunty 201 Laurel Avenue Tillamk, OR BOOK 404 PAGE...~~~~~... BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF TILLAMOOK IN THE STATE OF OREGON In the Matter f Accepting A Deed frm Vernn Pwers and Diane Pwers fr a Prtin f Blaine Rad ORDER #99-/3 This matter regularly came befre the Tillamk Cunty Bard f Cmmissiners n the request f Directr f Public Wrks and n Tillamk Cunty's wn actin by and thrugh its Public Wrks Department Directr pursuant t ORS (1). The Bard f Cmmissiners being fully representatins f the abve-named persn(s), files herein finds as fllws: apprized f the recrds the and 1. Tillamk Cunty desires t acquire prperty related t the Shrty Farmer Bridge replacement prject. 2. This Acquisitin f Prperty fr Rads is legally described in the Deed in Exhibit A (incrprated here by reference), dated December 11, The Deed is frm Vernn Pwers and Diane Pwers and cnveys the prperty t TILLAMOOK COUNTY fr a true and actual CONSIDERATION OF $19, (nineteen thusand six hundred dllars). 3. It is in the general health, safety and welfare interests f the citizens f Tillamk Cunty t accept the public rad dedicatin as described. NOW THEREFORE, IT IS HEREBY ORDERED THAT: 4. The grant f the Public Rad dedicatin described in Exhibit A is accepted n behalf f Tillamk Cunty. 5. This Order, tgether with the said Deed attached heret, be recrded WAIVING ALL FEES in the Deed Recrds f Tillamk Cunty. Page 1 f 2

2 j '':1 /. 6, This Order, tgether with the said Deed attached heret, be DATEDf;::: d;e :::l::ook9=7",1999 BOARD OF COUNTY COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON Aye Nay Abstain/Absent S e Camern, Chairpersn '-~k _,, ;J" OUtY'... _-.,"'.1...., t;-. - " ' - ' ;'L'," ",,~, - -._., ~I... " VIA;' '~\'",.. :' ", : ~: ", '.,'-=:. : ~~: ~.".. \~.\i: '. J 0 ',' ~." I:.' -' \. \ \ ' /..'.. I. ~.'....,(l _. ~.' \ '/'.., I,... ",..., -+" "... '. '\..., -,... < " A I N :I ATTE T: BY: Jsephine Veltri, unty Cler Page 2 f 2

3 p~ C)V. f. \) VERNON $'-LI.J.~~~eJ:r2'LL()L..=.===- WARRANTY DEED ODOT File POWERS and DIANE POWERS, Grantr, fr the true and actual cnsideratin f des cnvey unt TILLAMOOK COUNTY, a plitical subdivisin f the State f Oregn, Grantee, fee title t the prperty described n Exhibit "A" attached heret and by this reference made a part heref. Grantr als grants t Grantee, its successrs and assigns, a temprary easement fr a wrk area fr cnstructin purpses ver and acrss the prperty als described n attached Exhibit "A". IT IS UNDERSTOOD that the temprary easement rights herein granted shall terminate three (3) years frm the date heref r upn cmpletin f the abve-mentined cnstructin prject, whichever is sner. IT IS ALSO UNDERSTOOD that the temprary easement herein granted des nt cnvey any right r interest in Parcel 2 described n attached Exhibit "A", except as stated herein, nr prevent Grantr frm the use f said prperty; prvided, hwever that such use des nt interfere with the rights herein granted. Grantr cvenants t and with Grantee, its successrs and assigns, that grantr is the wner f all the abvedescribed prperty which is free frm encumbrances, except fr easements, cnditins, and restrictins f recrd, and will warrant the prperty herein cnveyed and the easement rights herein granted frm all lawful claims whatsever, except as stated herein. Grantr agrees the cnsideratin recited herein is just cmpensatin fr the prperty, including any and all damages t Grantr's remaining prperty, if any, which may result frm the acquisitin r use f said prperty and the cnstructin r imprvement f the public way. In cnstruing this dcument, where the cntext s requires, the singular includes the plural and all grammatical changes shall be made s that this dcument shall apply equally t crpratins and t individuals RETURN TO AND TAX STATEMENT TO OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION 417 TRANSPORTATION BLDG. SALEM OR Accunt N.: S-9W-29-TL 1902 Prperty Address: Blaine Rd Beaver OR 97108

4 ODOT File () 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 It is understd and agreed that the delivery f this dcument is hereby tendered and that terms and bligatins heref shall nt becme binding upn Tillamk Cunty, unless and until accepted and apprved by the recrding f this dcument. Dated this / ( day f U~,197,J- 1.LI41L4'2 rl.->j.h4-- Vernn Pwers ~""'=----- Diane Pwers STATE OF OREGON, Cunty f {[(elinut/v...;;lgg=;;;:;~o""'-':/...!../ l.. Persnally appeared the abve named Vemn Pwers, wh acknwledged the freging instrument t be his vluntary act. Befre me: OFFICIAL SEAL REGINA A CALLAWAY \,.' NOTARY PUBlle-REGON COMMISSION NO. A MY COMMISSION EXPIRES APR. 01, 2000 ~ ~ My Cmmissin expires L f- I - ZC30C) STATE OF OREGON, Cunty f -CcfQQ..ft10O (C ~ I (,19FPersnally appeared the abve named Diane Pwers, wh acknwledged the freging instrument t be her vluntary act. Befre me: OFFICIAL SEAL REGINA A CALLAWAY NO"!'ARY PUBLiC.QREGON COMMISSION NO. A MY COMMISSION EXPIRES APR. 01, 2000 My Cmmissin expires 4_-_I_-_Z6 O_'_ Page2-WD ael!

5 ...-. EXHIBIT A Big Nestucca River (Shrty Farmer) Br. Sec. Beaver Blaine Rad (Cunty Rad N. 858) Tillamk Cunty OBEC Parcels 1 and 2 Vernn Pwers and Diane Pwe;s Parcel 1 - Fee File 6773 ODS A parcel f land lying in the SEX f Sectin 29, Twnship 3 Suth, Range 9 West f the Willamette Meridian, Tillamk Cunty, Oregn and being a prtin f that prperty described in that deed t Vernn Pwers and Diane Pwers, recrded May 16, 1985, in Bk 298, Page 686 Tillamk Cunty Recrd f Deeds; the said parcel being that prtin f said prperty included in a strip f land variable in width, lying n the Nrtherly side f the center line f Beaver Blaine Rad (Cunty Rd. N. 858), which center line is described as fllws: Beginning a Engineer's center line Statin , said statin being meters Suth and meters West f the EX crner f Sectin 29, Twnship 3 Suth, Range 9 West f the Willamette Meridian; thence Nrth 73 28'35" East meters; thence alng the arc f an meter radius curve right (the lng chrd f which bears Suth 88 08'41" East meters) meters; thence Suth 69 45'56 11 East meters; thence alng the arc f a meter radius curve left (the lng chrd fwhich bears Suth 72 22'04 11 East meters) meters t Engineer's center line Statin The widths in meters f the strip f land abve referred t are as fllws: Statin t Statin Width n Nrtherly Side f Center Line in a straight line t Bearings are based upn the Oregn Crdinate System f 1927, Nrth Zne. This parcel f land cntains 373 square meters, mre r less, utside f the existing right f way. () (CONTINUED ON PAGE 2)

6 " EXHIBIT A CONTINUED - Page 2 File Parcel 2 - Temprary Easement fr Cnstructi~:>n(3 Years r Duratin f Prject) A parcel f land lying in the SE~ f Sectin 29, Twnship 3 Suth, Range 9 West f the Willamette Meridian, Tillamk Cunty, Oregn and being a prtin f that prperty described in that deed t Vernn Pwers and Diane Pwers, recrded May 16, 1985, in Bk 298, Page 686 Tillamk Cunty Recrd ')f Deeds; the said parcel b~ing that p!iin f said prperty included in a strip f land variable in width, lyinc) Or'l the Nrtherly side f the center line f Beaver Blaine Rad (Cunty Rad N. 858), which center line is described in Parcel 1. EXCEPT therefrm Parcel 1. The widths in meters f the strip f land abve referred t are as fllws: Statin t Statin Width n Nrtherly Side f Center Line in a straight line t 4.5,. This parcel f land cntains 579 square meters, mre r less, utside f the existing right f way_ REGISTERED PROFESSIONAL LAND URVEYOR OREGON JULY 15, 1953 W. S. RICE 2055 I hereby certify that the within instru.ent was received fr recrd and recrded in the Cunty f rilla.k, State f Oregn. JAN PM '99 BOOK 404 PAGE 91