HomeMy WebLinkAboutResolution 10-46 07/06/2010
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RESOLUTION
No. 10-46
A RESOLUTION ACCEPTING AN OFFER FROM ELDER HEALTH AND LIVING CORPORATION FOR THE SALE
OF CITY OWNED SURPLUS PROPERTY
WHEREAS, by Bargain and Sale deed recorded July 28, 1986, in Reel 1412R, Reception No.
8628300, Lane County Official Records in Lane County, Oregon, the City of Springfield acquired a certain
parcel to be dedicated for the use of ,a public road, that is known as a portion of South 58th Street and
shown on Tax Assessor's Map 17023344',located in Lane County as described in attached above said
deed, Exhibit A, (the "Property") of,which exists a surplus portion no longer being used as more
particularly described in attached Exhibit B; and "
WHEREAS, said parcel was acquired from Roger M. Van and the C.J.A Family Trust and R.M.V
Enterprises Inc. in fee simple absolute, and was therein dedicated to the public to be used as public
road; and
WHEREAS, the creation of the Bob Straub Parkway included a portion of the above said land
acquired by deed; exhibit A; and
WHEREAS, a portion of the Property was no longer used for public road purposes with the
construction of the Bob Straub Parkway from the intersection of Daisy Street - South 5ih Place to the
Bob Straub Parkway as described in attached exhibit B; and
WHEREAS, the City wishes to retain a 10 foot wide Public Utility easement along the termination
of the property described in Exhibit B at the intersection of Daisy Street-South 5ih Place right-of-way;
and
WHEREAS, the City retains the right of access to the Bob Straub Parkway precluding the use of
access to Bob Straub Parkway by all others in the future; and
WHEREAS, there is an existing 'City Street light and associated underground conduit located on
the property that the City wishes to retain in an easement for maintenance thereof; and
WHEREAS, the City Council has declared the property as Surplus and a remnant which is not
needed for public use; and
WHEREAS, pursuant to ORS 271.310, the City is authorized to sell or otherwise dispose of
property which is not needed for public use where the City's ownership is not limited or qualified nor is
the use of such real property restricted and the Council has determined that the property is not needed
for public use; and
WHEREAS, the City of Springfield gave more than five days public notice of City's desire to
dispose of said property in the Register Guard, in accordance with ORS 221.725; and
WHEREAS, Springfield Municipal Code Section 2.714 provides that the City may dispose of
surplus property by any means determined to be in the best interest of the City with due regard for the
value the city will receive from the disposal of the surplus property; and
. ~
WHEREAS, the City received one offer to purchase the property from Elder Health and Living
Corporation in the amount of $22,500, and said offer was accompanied by a professional market
analysis demonstrating the offer reflects the real market value of the property; and
WHEREAS, the City Manager has reviewed said offer and found it to be an acceptable offer for
the property;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the offer for said
property and directs the City Manager to complete the sale of the property, paying any encumbrances
necessary to complete the sale, reserving to the City the easements described in this resolution and
upon such other terms as may be reflected by the approval of this resolution and set forth in the
minutes.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the Council
and approval by the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of
--L for and --<L against, this 6th day of July, 2010.
ATTEST:
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<j>'I~~CE OF crnr AlfORli\HE\1
RESOLUTION NO. 10-46
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,""'G9- bC2&3pt) E-at"'. BIT A 12-33-44 01600 .
'il'cPr) Bargain and Sale Deed , &;:;.., 711%
KNOll ALL ~IEII BY THESE PRESE1ITS. That -12.(') a.:::- v' \V\ . \/c.~,....J . ft.'" t:; .111-e
c~s ~ t::I f"1N\ (L\"; '- '-0 .- ~ M.V JD...r~ 11 J~~~' It/C'}
Grantor ,in conside."ation of the acceptance by he Ci y of Springfield, Oregon, Grantee.
and theuse or holding of said property for present or future public use by grantee,
grantor hereby grants, bargains, sells and conveys unto tile said grantee, its successors
and assigns, all the follO\Jing real property, VJlth the tenements, hereditaments and
appurtenances, situated in the County of Lane and State of Oregon, bounded and described
as f 0 1 1 0\': S : .
See Exhibit 'A'
9365AOOl 07/28/B6ELT 10.00
1HO 002**
9365AOOl 07/28/86PFND 10vOO
**0002**
The same hereby and forever dedlcated to the public to be used as public road.
TO HAVE ArlO TO HOLD, the above described and granted premises unto the said grantee,
its succes~ors and assigns forever.
The monetary consideration for this conveyence;s O'l1'\.~..v -1"11\~ h1oJJ€\1'
I
set their hands and seals
IN WITNESS WHEREOF, the grantors above named have hereunto
thi s ~ \\^ day of _1 I; L_'i ,19-&
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tZc~ Ildl4dCt&JtvIJ $6 q~ri
6~' C--J~,:frJJ2;~y11tst(i.t/- ,- .' ~ . ~O>'~
State of Oregon, County of /....q1tJe ,55 Perso~'i1y app~ab<::j~~med and
acknO\'lledged the foregoing instrument to be /-I/-S voluntary act and deed.
Before me: ~
DATED: Jil.A.L 1; A. O. 191tz. \.. Qhdffill E I)Ui ___._.
r ... tlotary Pub 1 i c for Dreaon
(SEAL)
Return to:
City Engineer
Public Harks
4t.h & North '^' Stre~ts
Srringfield, Cregan 97477
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r~ Comnission Expires:
CIS ED #36-1 -It /~/7
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Page 2 of 3
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8C,28300
EXH I BIT 'A I ~.
Beginning at a point which bears South 00000127" West 2202.39 feet and South
89057'15" East 20.0 feet from the Northwest corner of the Stephen D. Gager
Donation Land Claim No. 45 in Township 17 South, Range 2 West of the Willamette
Meridian and run thence North 00000'271' East parallel with the west line of
said Stephen D. Gager Donation Land No. 45 a distance of 460.12 feet; thence
South 69045'03" East 10.00 feet; thence South 00000'27" Hest'460.08 feet; thence
North 89057'15" West 10.00 to the point of beginning in Springfield, Lane County,
Oregon.
ALSO: BegiAning at a point which bears South 00000'2711 West 2202.39 feet and
South 89057'15" ~ast 30.0 feet from the Northwest corner of the Stephen D. Gager
Donation Land Claim No. 45 in Township 17 South, Range 2 West of the Willamette
Meridian and run thence North 00000'2711 East 10.93 feet; thence along the arc
of a non-tangent 530.0 foot ra~ius curve ri9ryt (th~ chord of wh;chbears: North
38046'38" East 206.66 feet) a distance of 208.00 feet; thence along the arc
of a 25.0 foot radius curve left (the chord of which bears North 00040'29" West
33.69 feet) a distance of 44.24 feet; thence along the arc of a 70.0 foot radius
curve 1 eft (the chord of \'Ih i ch bears North 70040' 51" \~es t 46.30 feet) a d is tance
of 47.19 feet; thence North 89059'33" West 70.26 feet; thence along the arc of a
15.0 foot radius curve left (the ch'ord of which bears South 45000'27" ~lest 21.21
feet) a distance of 23.56 to a point which is 30.0 East of the West line of the
Stephen D. Gager Donation Land Claim No. 45; thence North 00000'27" East parallel
with the West line of said Stephen D. Gager Donation Land Claim a distance of
90.00 feet; thence along the arc of a 15.0 foot radius curve left (the chord
of which bears South 44059'33" East 21.21 feet) a distance of 23.56 feet; thence
South 89059'33" East 70.26 feet; thence along the arc of a 130.0 foot radius curve
right (the chord of which bears South 65046'15" East 106.67 feet) a distance of
109.91 feet; thence along the arc of a 25.0 foot radius curve left (the chord
of which bears South 84024'1411 East 34.01 feet) a distance of 37.40 feet; thence
North 52044'30" East 196.21 feet; thence along the arc of a 470.0 foot radius
curve left (the chord of which bears North 26022'28" East 417.47 feet) a distance
of 432.58 feet; thence North 00000127t' East 275.68 feet to Grantor's North line;
thence South 89045109" East along said North line 60.00 feet; thence leaving
said North line and run South'JOOoOO'27" Hest 275.42 feet; thence along the arc
of a 530.0 foot radius curve right (the chord of which bears South 26022'28"
West 470.77 feet) a distance of 487.80 feet; thence South 52044'30" West 195.81
feet; thence along the arc of a 25.00 foot radius curve left (the chord of which
bears South 0800611911 West 35.13 feet) a distance of 38.95 feet; thence along
the arc of a 260.0 foot radius curve right (the chord of which bears South
18010'27" East 162.19 feet) a distance of 164.94 feet; thence South 2.80 feet
to the North line of Sprin~ Oaks as platted and recorded in File 73, Slide 252,
Lane County, Oregon Plat Records; thence North 89057'15" West along said North
line 60.0 feet; thence leaving said North line and run North 2.76 feet; thence
along the arc of a 200.0 foot radius curve left (the chord of which bears North
17047'07" West 122.18 feet) a distance of 124.16 feet; thence along the arc
of a 25.0 foot radius curve left (the chord of which bears North 8300114611 \~est
36.84 feet) a distance of 41.42 feet; thence along the arc of a 470.0 foot
radius curve left (the chord of which bears South 39041112" West 160.39 feet)
a distance of 161.18 feet to the aforesaid North line of Spring Oaks; thence
North 99057'1511 ~lest along said North line 62.38 feet to the point of beginning
in Springfield, Lane County, Oregon.
Bearings in this description are based on C.S. Ho: 23418 Filed in Lane County
Surveyor's offi~e.
In addition Grantor's convey onto the City of Springfield a 10.0 wide public
utility easement adjOining all right-af-way herein dedicated as public roadway.
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Attachment 5
Page 3 of 3
Exhibit B
A portion of South 58th Street in Springfield, Oregon, Bounded by the Southwesterly right of way
of Daisy street and the Easterly right of way line of the Bob Straub Parkway, located in Section
33,Township 17 South, Range 2 West of the Willamette Meridian, being more completely
described as follows:
Beginning at the intersection point of the Northwesterly Right of way of South 58th Street with
the Easterly right of way line of the Bob Straub Parkway, said point being the most Southerly
boundary point of a Boundary Survey for EHL Property LLC, filed in the Office of the County
Surveyor, in Lane County, Oregon as County Surveyor File No. 41013 on April 28, 2008; thence
along the boundary of the above said segment of the South 58th Street right of way the following
6 courses:
1) thence along the Northwesterly right of way of South 58th Street with a non-tangent
curve turning to the right with an arc length of 145.28 feet, with a radius of 530.00 feet,
with a delta angle of 150 42' 21", with a chord bearing of North 420 04' 27" East, with a
chord length of 144.83 feet;
2) thence continuing along the Northwesterly right of way of South 58th Street to a poirit of
intersection with the Southwesterly right of way of Daisy Street, with a reverse curve
turning to the left with an arc length of 32.99 feet, with a radius of 25.00 feet, with a delta
angle of 750 36' 00", with a chord bearing of North120 08' 51" East, with a chord length of
30.65 feet;
3) thence leaving the Northwesterly right of way of South 58th Street and along the
Southwesterly right of way of Daisy Street, South 38035' 06" East a distance of 103.17
feet to a point of intersection with the Southeasterly right of way of South 58th Street;
4) thence along the Southeasterly right of way of South 58th Street, with a non-tangent
curve turning to the left with an arc length of 38.81 feet, with a radius of 25.00 feet, with
a delta angle of 880 56' 36", with a chord bearing of North 860 02140" West, with a chord
length of 35.03 feet;
5) thence continuing along the Southeasterly right of way of South 58th Street, with a
compound curve turning to the left with an arc length of 161.18 feet, with a radius of
470.00 feet, with a delta angle of 190 38' 55", with a chord bearing of South 390 39' 31"
West, with a chord length of 160,39 feet to a point of intersection with the Easterly right
of way of the Bob Straub Parkway;
6) thence leaving the Southeasterly right of way of South 58th Street and along the Easterly
right of way of the Bob Straub Parkways, North 250 25'1 2" West a distance of 71.13
feet to the Point of Beginning, having an area of 10926 square feet or 0.251 acres more
or less.
Retaining there from a 10 foot wide Public Utility easement along the Southwesterly Daisy
Street right of way as described above in course 3.
The basis of bearing for this description is the Boundary Survey for EHL Property LLC, filed for
record in County Surveyor File No. 41013 on April 28, 2008, in the Office of the County
Surveyor, in Lane County, Oregon.
Attachment 5
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