HomeMy WebLinkAboutDeed APPLICANT 8/25/2010 (2)
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BARGAIN AND SALE DEED - RESERVE STRIP
Tax Map & Lot Numbers
18-02-4-11 #5300
(on the date of execution)
KNOW ALL BY THESE PRESENTS, that QQf)JlIPM, Hp,J1ot\WlRlaure~ E. Horton , Grantor(s),
in Consideration of the a .., . ." nee by the City of Spnngfield, Oregon, also referred to as "City", Grantee,
and the use or holding of said property for present or fu . , . Iblic use by Grantee, Glad....' hereby grants,
bargains, sells and conveys unto the said Grantee, its "....'. .'." :" and assigns, all the following real
property, with the ., .' . Is, hereditaments and appurte " ',;,., situated in the County of Lane and State
of Oregon, bounded and described as follows:
SEE EXHIBIT "A"
ATTACHED t..""",.u AND i _.',' . ',II.TED HEREIN BY REFERENCE
THE SAME IS HEREBY and forever conveyed to the City of Springfield to retain for the purpose of
maintaining exclusive poss ,.,." '. of said .' .., J and to prevent the use of said. .'.', rt by any person
whomsoever as access to a public road, and for the purpose of d. . '.", , said P .',." ..1 or part thereof as a
public road when and only when the Director of the Development Sc ,:.,,; Department of the City of
Springfield has, by written declaration, stated that said property or said part thereof should be so dedicated
by the City of Springfield, and upon such declaration, dedication to the City of Springfield.
As per the current Springfield De' . .. ,nt Code (SDC)."",, 4.2-105 (G) (5) the reserve strip is ". .:,..1
to the following (text in italics and parenthesis is not part of the SDC section as quoted, but is a part of this
agreement):
a. The retention of this strip does not constitute either an "", . "." or implied agreement by the City:
I. To require an abutting property owner to take" .. .". to the "', , '." ''; ..,,5 the reserve strip;
II. To withhold approval of development and building on abutting p . . '. .,' unless the abutting'
property owner takes access to the street ,,'. . '" the ','. '. strip;
Iii. That it will not or cannot prohibit access from abutting. .'.. .ies to the street across the
reserve strip.
b. Abutting property." ", may purchase access rights, '. .'..'.' the reserve strip by paying to the
developer (Grantor) a . ., ., ,I share of the developer's (Grantor's) costs of the fully improved street. The
developer (Grantor) shall submit actual deve '.1. " . costs to the City within 6 months following street
. .". Jction. (In the event that the Grantor fails to submit actual costs, the City may estimate such costs
and the City's determination shall be final). The cost of purchasing access rights across the reserve strip
shall include the actual construction cost per lineal foot, plus inflation, at a rate not to exceed 5 percent per
year. It shall not be the City's .'.'.. "" i1ity to record legal documents.
THE CONSIDERATION for this conveyance is $0
, :'." : SIGNING OR A.'. :,' JG THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT
THE PERSON'S RIGHTS, IF ANY, UNDER " d ,S 2, 3 AND 5 TO 22 OF ?HAP~~ 424, OREGON LAWS 2007 (BALLOT
MEASURE 49 (2007)). THIS INSTRUMENT DOES NOT ALLOW USE OF THE . . I' " DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR A.. J,! "THIS INSTRUMENT,
THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD ~ ". WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNrr 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 .",l \ IS 2, 3 AND 5 TO 22 OF
CHAPTER 424, I ',..' . N LAWS 2007 (BALLOT MEASURE 49 (2007)).
IN 'h",,,:.:>.:> Whc"cvF, the G" :.., above named have hereunto set their hands and seals on
-A'<!5'~ d-S-T't
,2010 .
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rfi aliA PIl/I f, iknfflV\
Si!lnatur~ .JJ V\{,
PRINT NAME(S)' Donald M. Horton
Lauren E. Horton
SEE ATTACHED I
AUG 2 5 2010
I
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RETURN TO: CITY OF SPRINGFIELD. PUBLIC
WORKS DEPT. . 225 FIFTH ST, -
SPRINGFIELD, OREGON 97477
Date Received:
SEND TAX STATEMENT TO: CITY OF
SPRINGFIELD. FINANCE DEPT. .225 FIFTH ST.-
SPRINGFIELD, OREGON 97477
Original Submittal
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STATE OF OREGON
COUNTY OF LANE
This instrument was acknowledged before me on .iJ~U.A..1-
Donald M. Horton Lauren E. Horton
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cfZs....
,2010 by
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. OFFICIAl SEAt.
. CONSTANCE RUTH REA
NOTAF' . PUBLIC. OREGON
COM" 'SION NO, <<7041
MY COMMIS:" ,XPIRES MARCH 29, 2014
~ ~nsLcu......" JM...'-I-(l b. ct.
Nc;tary Public f~on
THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein
is hereby accepted.
CITY OF SPRINGFIELD
By:
Chris Moorhead - City of Springfield Surveyor
Date
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01:\11"'1:'n. I...... ..,ono
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Exhibit A
Beginning at a point 32.10 feet East of the centerline of County Road No. 452, said point
also being 1033.07 feet North and 30.00 feet East of the southwest comer of the S.D.
Gager Donation Land Claim No. 61, Township 18 South, Range 2 West of the
Willamette Meridian; thence East 194.40 feet; thence North 1.00 feet; thence West
194.40 feet; thence South 1.00 feet to the point of beginning in Lane county, Oregon.