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HomeMy WebLinkAboutQuitclaim Deed - 1963 EasementDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 4, 2008 Please see directions for completing this document on the next page. DATE: May 27, 2008 FROM: George Kolb, County Engineer Road Department 322-7113 TITLE OF AGENDA ITEM: Consideration of signature of a Quitclaim Deed to Gary L. Stauffer PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: The Road Department was approached by Gary L. Stauffer about quitclaiming any interest in a 196_, easement along the southerly and westerly boundary of his property (see attached map for location of easement). This public roadway easement was never accepted by the County Commissioners therefore it is not a public road, is not needed for future transportation needs yet it is still an encumberance on the property. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: The Road Department recommends signature of the Quitclaim Deed ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Wanda (ext. 7103) at the Road Department REVIEWED LEGAL COUNSEL QUITCLAIM DEED For Recording Stamp Only Deschutes County, a political subdivision of the State of Oregon, Grantor, releases and quitclaims to Gary L. Stauffer, Trustee of the Stauffer Family Trust, Grantees, all right, title and interest in and to the following real property described as follows: A 25 foot easement for public roadway purposes lying in the E 1/2 SW 1/4 NE'/ of Section 16, T.18S., R.13E., Willamette Meridian, Deschutes County, Oregon and being more particularly described as: All of the 25 foot public roadway easement as described in that deed recorded at the Deschutes County Clerk's Office on October 4, 1963 in Volume 136, Page 545, Deed Records. EXCEPTING THEREFROM the Five (5) foot public utility easement created in said Volume 136 Page 545 deed. This deed is SUBJECT TO the right-of-way of "Bacchus Lane" as described in that Declaration of Dedication Deed recorded on November 10th, 1998 in Volume 520, Page 2886 of the Official Records of Deschutes County, Oregon. The intent of this deed is to extinguish the aforementioned 25 foot easement only. The rights of the public to the dedicated portion of "Bacchus Lane" are not altered by this instrument. The true consideration for this conveyance is other than money. 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 30.930 This instrument shall not be construed as a land use, building, safety, or health permit or approval. DATED this day of , 2008 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY BANEY MELTON, Vice Chair MICHAEL M. DALY, Commissioner Bacchus and Neener Quitclaim WARD RD GSUPREME CTJ NEENER RD GSUPERIOR CT - Easement to be Quitclaimed BACCHUS LN Ts— Location of Quitclaim 0 250 500 T 18 S, R 13 E, Sec. 16 Legend Centerlines County Roads Taxlots 1,000 1,500 2,000 Feet Printed: May 21, 2008 Map Deschutes County Road Departrr ent Created By: DODO John Anderson, GIS Spec alist Phone: (541) 322-7102 Email. johna@co.deschutes, :us Address: 61 150 SE 27th St Bend, OR 97702 The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creaoion of this map. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy and, therefore, there are no warranties which accompany this product. However, notification of any errors will be appreciated. P:\ArcGIS_Projects\Quitclaims\bacc ius and Neener FORM N.. 11B—walslLNTT DUD (Gra.M. as T....Is by l.urstrl. KNOW ALL M N BY T OREG. LTD., A Limite E PRESENTS, That artnership .}10100.N..VD. L•W ,.Ilf�t`.s'� 40;1;F*I 1rJ1, 40;1;54.5 RIVER BEND LAND CO., , grantor in consideration o1 .........TEN AND 00/100 Dollars, to it paid by BEN CARAMELLA and CECILE D. CARAMELLA, 175 ..F4500101 . Lane, Reno, Nevada , husband and wife, grantees, do . . hereby grant, bargain, sell and convey unto the said grantees, as tenants by the entirety, their heirs and assigns, all the following real property, with the tenements, hereditaments and appurtenances, situated in the County of De$Chute,S _ . , and State of Oregon, bounded and described as follows, to -wit: The East Half of the Southwest Quarter of the Northeast Quarter (EiSW}NEU) of Section Sixteen (16), Township Eighteen (18) South, Range Thirteen (13) East of the Willamette Meridian, consisting of Twenty (20) Acres, more or less. Subject to: 25' Easement for public roadway purposes on the southerly and westerly boundary lines of said parcel. Subject to: 5' Easement for public utility purposes on the northerly and easterly boundary lines of said parcel. To Have and to Hold the above described and granted premises unto the said grantees as tenants by the entirety, their heirs and assigns forever. And We ... , the grantor 5 , covenant that we lawfully seized in fee simple of the above granted premises Tree from all incumbrances, and that .We . will and our... heirs, executors and administrators, shall warrant and forever defend the above granted premises, and every part and parcel thereof, against the lawful claims and demands of all persons whomsoever. Witness Qur hand. . and seal.. this let day of October • 1963 RIVER BEND LAND CO., OREG. LL) BY; ;lin,,, r , William E. Buck ....Oeneral...Partner (sewt) STATE OF OREGON, (Sept) 153. County of D.es.Chltat.0.a On this2.1111 day of..POPbCT._ ..19.6.3 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named ...WU.L.i.idm E. Buck, General Partner of River Bend Land Co., Oreg. ...Ltd ........... ................. who ie ........ known to me to be the identical individual described in and who executed the within instrument, and acknowledged to me that.. he ... executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and alfixed my official seal the day and year last above written. fJ / 1 Notary Public to Oregon My Commission expires, _'.".. `� "..C....,' WARRANTY DEED To AFTER RECOROING RETURN TO Mr. & Mrs. Ben Caramella 175 Peckham Lane Reno, Nevada 0 IOON'T U.. THIS SPAM 10. 1114CO.DINO LA.tL IN COuN- 71(1 WHERE WM.) STATE OF OREGON, 1.33 County of I certify that the within ins ru- ment was receiveA for record on the j4-1214day of.. a,i'isCi.ti.r 196 , at 3- •/., .. o'clock -.,.M., and recorded in book . ,. Z lc .. on page . 7.5-..... Record of Deeds of said County. Witness my hand and seal of County affixed. r\` (CounIerk—Recorders Deputy.