HomeMy WebLinkAboutDeed APPLICANT 9/30/2010
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PUBLIC WORKS DEPARTMENT
ADMINISTRATION
ENGINEERING DIVISION
ENVIRONMENTAL SERVICES DIVISION
MAINTENANCE DIVISION
TRANSPORTATION DIVISION
TECHNICAL SERVICES DIVISION
225 FIFTH STREET
SPRINGFIELD, OR 97477
www.ci.springfield.or.usldepLpw.htm
www.ci.springfield.or.us
October 11, 2007
Stefano Viggiano
Lane Transit District
P.O. Box 7070
Eugene, OR 97401
Re: 14th Avenue Multi-Use Path - Glenwood (P20518)
Recorded Bargain and Sale Deed
Dear Stefano,
Attached is the recorded version of the Bargain and Sale Deed for the property
to be utilized for the multi-use path project.
Thank you again for your assistance with this project. If you have any questions,
please call me at (541) 736-7124.
Sincerely,
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Steve Rodolf, P.E.
Assistant City Engineer
cc:
John Tamulonis/ City of Springfield
file
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Date Received:
Planner: MM
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ADMINISTRATION I TECHNICAL SERVICES I ENGINEERING: (541) 726-3753 . FAX (541) 736-1021
MAINTENANCE: (541) 726-3761 . FAX (541) 726-3621 TRANSPORTATION: (541) 726-3753 . FAX (541) 726-3781
ENVIRONMENTAL SERVICES.. (541) 726-3694 . FAX (541) 726-2309
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BARGAIN AND SALE DEED
Tax Map & Lot Numbers
17-03-34-34 T.L.300
(on the date of execution)
KNOW ALL BY THESE PRESENTS, that Lane Transit District ,Grantor(s), In
Consideration of the acceptance by the City of Springfield, a municipal corporation of the State of Oregon,
Grantee, and the use or holding of said property for present or future public use by Grantee, Grantor hereby
grants, bargains, sells and conveys unto the said Grantee, its successors and assigns, all the following real
property, with the tenements, hereditaments and appurtenances, situated in the County of Lane and State
of Oregon, bounded and described as follows:
THE NORTHERN 30 FEET OF PARCEL A AND PARCEL S, AS DESCRIBED IN
EXHIBIT "A" & EXHIBIT "B", RESPECllVEL Y.
SAID EXHIBITS ARE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
THE SAME IS HEREBY conveyed to the City of Springfield so long as the property is used as a PUBLIC
ROAD, BICYCLE PATH AND WALKWAY, and use incidental thereto. In the event and whenever the land
described above shall be used for any purposes other than as a public road, bicycle path and walkway, and
use incidental thereto, then this conveyance shall become null and void upon the written request of Grantor
to Grantee and the right, title and interest in the land hereby conveyed shall immediately revert to and
reinvest in the Grantor, Lane Transit District.
Grantor may request retum of the property if it determines that the property is required for its Public
Transportation n'eeds. Then this conveyance shall become null and void and the right, title and Interest In
the land hereby conveyed shall revert to and reinvest in the Grantor. Grantor must request reversion of the
title in writing not less than one hundred eighty (180) days prior to the reversion date. If reversion date is
less than twenty (20) years after substantial completion of the Bicycle Path and Walkway or other public
facilities, Grantor shall pay'Grantee the pro-rata portion of all funds, that were used to construct all elements
of the Bicycle Path, Walkway or other public facilities, Grantee shall be allowed to salvage any of its
facilities in the 180 day period.
TO HAVE AND HOLD, the above described and granted premises unto the said Grantee, its successors
and assigns forever.
THE CONSIDERATION for this conveyance is other than monetary.
IN WITNESS WHEREOF, the
2nd, day of Dc t
antors above named have hereunto set their hands and seals this
, 20 fl-
Signature:
nnt name:
ang
General Manager, Lane' Transit District
(Trtle & Company)
Signature:
Pnnt name:
(Title & Company)
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RERJRhI'i'(l)i.C);T)',0FSPRINGFIElD. PUBLlCWDRKS DEPT. - 225 FIFT STREET - SPRINGFIELD, DREGDN 97477
SEND TN<'iiTATEMENT TO: CITY OF SPRINGFIELD - FINANCE DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477
c:\Doc:um=ntS IIftd Sc:ttinpVo.LTD.OOI\Local SeUinp\T~ lmcmel Fi\c:s'OLKDD\3b2.8arJain Sale Deed - CorJoruion-GIeuwood Bike Plth.doe
Division of Chief Deputy Cle~k
Lane County Deeds and Reco~ds .
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$61.00
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STATE OF OREGON
COUNTY OF LANE
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BE IT REMEMBERED that on this 2nd dayof October ,2007 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named
Mark Panqborn . whose identity
was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he
islB'fi! the Gene ra 1 Manaqer of Lane Transit District and does acknowledge said instrument to
be the free act and deed of said Corporation, and that the seal affixed to said instrument is the Corporate
seal of said Corporation, and that said instrument was signed and sealed in behalf of said Corporation by
authority of its Board of Directors.
. OFACIALSEAl
JEAN M SCHAPPER
\....: NOTARY PUBUC-OREGON
COMMISSION NO. 420865
MY COMMISSION EXPIRES AUG. 30, 2011
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affi
above written.
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.
:~TYOM::I~
Dennis P. Ernst - City of Springfield Surveyor
OClcgO! 4. ZOO?
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Date
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RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477
SEND TAX STATEMENT TO: CITY OF SPRINGFIELD - FINANCE DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477
c:\DoI:urn.e1'lU md Settings\Jo.LTD.OO1\l.oca1 Sl:ttinp\Tcmpomylnlcmd Files\OJ..KDD\3b2-Baz];ain Sale Deed - Col'ponIl:ion-G1cuwood Bike: Path.doc:
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Exhibit A
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Parcel A
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That tract of land described in the warranty deed from Moyer Theatres Inc. to Lane
Transit District, said deed being recorded in Lane County Official Records on November
12, 1987, on Reel 1486R in Reception No. 8749822, as surveyed by Gary Sheldon in the
boundary survey filed on July 30, 1987, as CSF Number 27941 in Lane County, Oregon,
said tract being more particularly described as follows:
Bes:1nn1ng 'Qt ill fDund 1-1./2-1ncb iron pipe delScr'ibed a..3 be.ing 67 ~ 7 teet
North of,.the Northwest corner of' Lot 25. GLEHWOOl? PARI, a.s pla.'t:ted and.
recorded in Book liT", Pa.ge ~811 Lane County Oregon Deed Rec.orda, i.tl
.Lane County, Ot'egonj and run the.nce North OOD 2.1' 19" Vest along the
west line or Lots 22, 17 and l~ or said Plat, 913.7~ feet to ~ found
3/~' inch iron pipe 1n ~onerete7 said 3/~ +ncn iron pipe 18 descr~bed as
heing 137.5 feet South. 00 25' East of a point on the Vest line or Lot
10 in ",aid I'lat~ 195.3 1"eet South OQ 25' Ea.st from the North-we.st corner
or said Lot'lO~run thenc.e. North B90 35' East.. 6113.B7 teet t.o a found
SIB inch lron"~od on the West l~nc or Hender~on ~venue. (66 feet wide);
. run t:.henc.e Soutn 00 191 511" Ea.st. along the West line of said HendeI"'son .
Avenue 917.05 r~et to a p~int o~ a line, said line being desc~1bed as
l;ring 67.7 reet lIcrth cr end pareHel 'lf1th the North l:!.De Dr ,aid Lot
.25; run thence'Souto B9e. 52' 431' West along SB.id l1.ne 6-43.50 feet to
the point of beginning, in Lane'County, Oregon, ~nd be1ng a part of
Lots 22 and lit and a.ll o.f Lot 17, in OLENWOOD PARK, a.s platted B.IJd
re~o~ded in Book wT-, Page ~Bl~ Lane County Oregon Deed Records, in
Lane County, Oregon;
EXCEPT: A parcel" ot- l~o. lying 1n the Southwest quarter or
oS:eetlon 3.11, 'i'v~n=t;,lp 11 3out.'u, narli"C :;: West,. iillamett.e .
Me~id1an, and being e portion or the tr&c~ of land conveyed
to Moyer Theater, a co-partner~hip consl&ting ot liar~ F.
Moyer; Larr1 R. Moye~; and Emma Xane, by tha~ ce~ta1n de~d
recQrded on Reel Ne. 196~ Reoept1on "No~ 720~3~ Lane County
Oregan Deed Reoo~ds, said parcel being all th~t portion or
tha real property included in a st~1p or lan~ va~~able teet
in widthJ 1y1ng variable .feet on each s1de or the eenterl~ne
of a road survey of l7~h Avenue East as surveyed in 1971, the
eenter~ne ~nd ~~dthB in teet at Baid strip or land be~ng "
described as rollowB; Beginning at ~be point or 1nte~a~ction
of said center~ne ot 17th Avenue East and the Easte~ls r1ght
o~ W~J of Glenwood Boulev~rd at Sng1nee~ing Centerline Station
L 6+10.42 P.C., sa:!.d statiDn being 1205.77 reet South and
"310.59 Teet Ea.l'1t or the Northeast corner ot: the Z.a~a S)fe.et:"
Donat1on Land Cla1m No. 68 In" Township 11 Soutb, Ranse 3 Weat~
Willamette Mer1d1an; run thence along ~h~ arc of'a a18.51 toot
radius C.urve le.rt (the long chord of which curve bea.rs North""
870 22' 38- East 12~~8~ teet) "a distance of 12~.96 feet; theDce
along the arc of a 8lB.5~ toot radius cUrve r~ght (the chord of
which bears North 870 221 3Bu Ea$t ~2~.8~ teet) a distance or-
1211.96 fett; thence S~utb 88"0 1.11' 51" Eut 6811.7.11 feet t;o
Engineering Station L l5+~5.08 P.O.T~ and there ending in
Lane CDun~~, Qregon.
The c~!lter11n,. nJ"os.ses tbe grantors Westerly and Easte-rl;r pI"operty
l~nea appro:l;lP1ately2oPPuslti &ngin::r:.rL'1.t;' C~nt:.f::r,j,.iu= :;tii.tlou
L 6~66 P.O.T. and L 15+13 P.O.T. respectively.
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The b:erings ue~d he~ein a~e ba~ed on the Oregon CoordioAte SYBte~
Sou!;h Zone: ~
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'l'he widtbll 1D teet of tht:: s trip of land above. 1"'eterred to are as .;
follows:
-Sta.tion to Station
Width on No~tber1y Side W1dth aD Southe,.ly Sid,
of Cen ~ er line of Cente r11ne
L~8+60.3~ P.T. L~1~+87.06 F.D.T.
L 1~+67.o6 P.O.T.. L 15+12.06 P.O.T.
30 feet
30 reet tapering
on a 5traight line
to 55 reet
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30 reet
30 reet tep.ring
on ~ st~a1gh~ line
to 55 reet
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Exhibit B
Parcel B
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That tract of land described in the Amended. Supplemental Complaint of Circuit Court
Case No. 1&.87-05204 filed on August 5, 1988 in the Circuit Court for Lane County
Oregon (said Case's Judgment being filed on October 6,.1988 in the Circuit Court for
Lane County Oregon), as surveyed by Gary Sheldon in the boundary survey filed on July
30, 1987; as CSF Number 27941 in Lane County, Oregon, said .tract being more
particularly described as follows:
Beginning at a found 3/~ inch "iron pipe in concrete at the No.rthwest
corner of that certain parcel described.in Parcel I of Tract III of
~ar6el' I, Recdrder's Reception No. 788~788, Lane County Oregon Records,
~aid pipe is desc'ribed as being 137.5 feet South 0" 25' East from the
Northwest corner of Lo~ la, .GLENWOOD PARK, as platted and recorded in
Book T, Page ~81, Lane Count~ Oregon Plat Re60rds; thence South 0" 21'
52" East 873.60 feet along the Westerly line of said Parcel I to the
Northerly line of 17th Avenue as shown on Lane County Right of Way map
number 38-8 M-1829; thence along said Northerly line the fotlowing
courses: South 89" '32' 1." West ...7 feet; thence 129.53 feet on the
arc of an 8-8.51 foot radius curve, concayp, Southerly, (long chord
South 85" 09' 50" West 129.~1 feet); thenoe 95.76 feet on the arc or ~
788.51 fQot radius curve, concave Northerly, (long ,chord South 8." 16'
11" West 95.70 reet); thence North -5" 26' 50" West 3..80,'feet' to the
Easterly line of Olenwood Boulevard; thence ~long ~aid Easterly line
North 0" 27',20" West 867.8. feet; thence along the prolongation of the
Northerly line of said Parcel I North 890 35' 00" Ea~t 25-.79 feet to
the point ofbeglnning, in Lane County, Oregon..
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U.S. Department
of Transportation
Federal Transit
Admlnistratlon
REGION X
Alaska. Idaho, Oregon.
Wasl1lngton
AUG 2 1 2fJIl
Stefano Viggiano
Assistant General Manager
Lane Transit District
P.O. Box 7070
Eugene, Oregon 97401-0470
Re: Glenwood Operating Base: Transfer of Property for Bike Path
Dear Mr. Viggiano:
915 Second Avenue
Federal Bldg. Suite 3142
SeatUe, WA 98174-1002
206-220'7954
206-220'7959 (rax,
This responds your Jetter of July 18, 2007, requesting the Federal Transit Administration's eFT A)
concurrence to the Lane Transit District.'s (LTD) request to convey. an undeveloped strip ofland at
your Glenwood Operating Base to the City of Springfield. This particular piece of property is a
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30-foot strip of land running east-west along the northern edge of the facility. The City plans to
use it for a bike and pedestrian path: The land is currently undeveloped and would remain so due
to current access and utility easements on the subj ect strip. A covenant in the transfer deed to the
City would provide that should the strip cease to be used for the bike and pedestrian path, the
property would revert back to LTD.
Pursuant to FT A Circular 5010.1 C, Chapter II, Section 2.b and based on your representations
regarding this proposed transfer, FTA approves your request to convey the subject area to the City
of Springfield as an incidental use of the GJenwood Operating Base facility subjectto the
following condition: Please include in the transfer deed a covenant that should L TD ever
determine at a later date that the subject strip oflandeverbe needed for LTO'spublic
transportation needs, that the property would be re-conveyed back toL TO.
Thank you for contacting FT A regarding this property management matter. If you have any
questions, please do not hesitate to contact Ted Uyeno of my staff at (206) 220-7958.
Sincerely, .0
~11d1LJ1/l' JuA~
'-!d} R. F. Krochalis
DiY Regional Administrator
G