85-04 Quitclaim Deed

RESOLUTION NO. 85-4

A RESOLUTION APPROVING EXECUTION OF QUITCLAIM DEEDS; ACCEPTANCE OF EASEMENT; AND RESCISSION OF PRIOR DEVELOPMENT APPROVALS.

The Council of the City of Sodaville finds that:

A. The City of Sodaville was heretofore granted certain casement and deed restriction rights in and to the real property hereinafter more particularly described by East Linn Enterprises, Inc., purchasers and partitioners of the subject real property. In consideration thereof, certain approvals for development of the property were granted to East Linn Enterprises, Inc. by the City.

B. The real Property has reverted to its original owner, Mary Jorgensen, who did not participate in or consent to the conveyances of property interests to the City by East Linn Enterprises, Inc.

C. Mary Jorgensen is willing to convey certain easement rights in the real Property to the City, and it would be in the public interest and prevent any cloud on the City's rights in and to the property to authorize the Mayor to execute Quitclaim Deeds with respect to its current interests in the property, and in consideration thereof to accept an easement from the present Owner, Mary Jorgensen, and rescind any approvals heretofore granted by the City for development of the property.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SODAVILLE, a Municipal Corporation of the State of Oregon, as follows:

Section 1.

Based upon the above findings, which are hereby adopted, the Mayor is hereby authorized to execute on behalf of the City, the Quitclaim Deeds to Mary Jorgensen, copies of which are attached as Exhibits "A" and "B", and incorporated herein by reference, and to deliver the same to her, or her authorized representative upon receipt of a fully executed Easement to the City, a copy of which is attached as Exhibit "C" and incorporated herein.

Section 2.

As further consideration for the exchange of Property interests provided for herein, and based upon the failure of East Linn Enterprises, Inc. to perfect development of the property in accordance with its partition application, the development approvals heretofore granted by the City in conjunction with the partition application are hereby rescinded.

Passed by the Council this 26 day of May, 1987.