The URL can be used to link to this page

Home My WebLink About2013-011 Land Agrmt - Miller .t Jackson County Official Records 2013-001900 R RECORDING COVER PAGE PLEASE FILL OUT Cnt nt=t BEANEAD 01 /17/2013 12:41 :30 PM PER ORS 205.234 $25.00$10.00$5.00$11.00 S15.0o Total:$69.00 COMPLETE AND LEGIBLE . $3.00 THIS COVER PAGE HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING. I II II I I IIIIIII I I II II I II I II III ANY ERRORS IN THIS COVER PAGE DO N AFFECTTHE 1111111111 II TRANSACTIONIS) CONTAINED IN THE INSTRUMENT ITSELF. 01563980201300019000050052 i, Christine Walker, County Clerk for Jackson County, Oregon, certify AFTER RECORDING RETURN TO: that the instrument Identified herein was recorded In the clerk r.cord.. Christine Walker - County Clerk NAME AND ADDRESS OF THE PERSON AUTHORIZED TO RECEIVE THE INSTRUMENT AFTER RECORDING AS RE UIRED BY ORS2M.160(4) ~ - ANDORS205.236. AAI~r C,~ 6 LL V d so ~ VVlV- 1. NAME OF THE TRANSACTION (S), DESCRIBED IN THE ATTACHED INSTRUMEN S) ND REQUIR Df BY OR$ 2 ~J NOTE: Transaction as defined by ORS 206.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded Including, but not limited to, any transfer encumbrance or release affecting title to or an Interest in real property'. Op C. 2. Grantor/Direct (s) as described in ORS 205.160. ~uwe~ 3. Grantee/Indirect (s) as described in ORS 205.160. lam( -I 7/i f lc / I X VI, d 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveylri contracting to convey fee title to any real estate and all memoranda of such Instruments, reference ORS 93.030. 11 5. UNTIL A CHANGE IS REQUESTED, All Tax Statements shall be sent to the following name and address: for Instruments conveying or contracting to convey fee title to any real estate reference ORS 93260 6. SATISFACTION OF ORDER OR WARRANT ORS 205.234 (1) (f). FULL PARTIAL 7. LIEN DOCUMENTS: ORS 20523,1 (f), Amount of Uen $ Effective 09/07/2012 AGREEMENT BETWEEN: James Miller and Charlene Miller, each as to a % interest ("Miller") AND: The City of Ashland, Oregon (City) DATED:, , 2012 ("Effective Date") RECITALS A. Miller is the owner of a tract of land located in Tax lot 400 of Township 39S Range 2 East, Section 7 of the Willamette Meridian in Jackson County, Oregon ("Miller Property"). B. City owns property located in Tax lot 400 of Township 39S Range 1 East section 12 and tax lot 800 of Township 39S Range 2 East Section 7 of the Willamette Meridian in Jackson County, Oregon ("City Property"). C. The City of Ashland desires to acquire approximately 12 acres of the Miller Property which lie south of Emigrant Creek ("Parcel A") for incorporation into public park land in exchange for grant to Miller of ("Parcel B") and additional value paid by the City. D. Miller is willing to exchange Parcel A for Parcel B and additional compensation to make the trade equitable. E. Parcel A includes irrigated land which has access to Talent Irrigation District (TID) water. F. A lot line adjustment and legal descriptions of Parcels A and B requiring survey and other documentation, will be required in order to complete and record the property exchange. NOW THEREFORE, FOR VALUABLE CONSIDERATION DESCRIBED AS FOLLOWS AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. The recitals above are incorporated herein. 2. Miller will grant title to Parcel A to the City. 3. City will grant to Miller title to Parcel B, which comprises all of City's adjacent landholdings North of Emigrant Creek per agreed upon boundary survey. Page 1 of 4 4. City will pay Miller $67,500 in additional compensation. 5. City will arrange for completion and will pay for the following: • Survey of the exchanged properties • Any rezoning required for City use of the property • All property transfer costs, including recording fees • Lot line adjustments applications and requirements • If needed an easement 10 feet in width for a buried irrigation pipeline from the TID canal to the City property at a location agreeable to Miller their heirs or any future property owner. • Transfer of water rights from Miller to City. • Property tax liability that accrues to Parcel A resulting from any farm assessment disqualification to the property. 6. City will pay all labor, materials, and any other cost to construct new fencing along the adjusted property line, including construction of water gaps where fencing crosses Emigrant Creek, using fencing materials selected by Miller and approved by City, which approval shall not.be unreasonably withheld. 7. When the property boundary follows terrain unsuitable for fence construction, location of the new fence may deviate from the new property line subject to approval of the location by the adjoining property owners. 8. It is agreed that the fence line when not conforming to the surveyed property line will not represent the property boundary but will be a mutually agreed accommodation between the parties. 9. Maintenance of the fence by either party will be allowed with prior notification to the other party. 10. In the event that flooding alters the channel of Emigrant Creek away from Miller property, Miller will retain access to the creek. City will bear any cost to relocate fencing to permit livestock access to the creek. 11. City agrees to pay, defend, indemnify, release, and hold harmless Miller, their heirs and any future owners of the Miller property from liability for environmental cleanup, remediation, or restoration of Parcel A, including lead cleanup or remediation. City also agrees to pay, defend, indemnify, release and hold harmless Miller, their heirs and any future owners of the Miller property from liability for any environmental cleanup, remediation, or restoration, including lead cleanup or remediation, required to be undertaken on Parcel B by any governmental regulatory agency, except that City shall have no such liability with respect to any contamination of or other environmental damage to Parcel B occurring after the Effective Date of this Agreement, Page 2 of 4 3 By signing this agreement, the parties agree to implement its terms expeditiously, and in a commercially reasonable manner. Dated as of the Effective Date stated above. ames C. Miller Charlene Miller CITY OF ASHL ND o ~ cry 4on 13 1IZAVO Z Name and Title State of Oregon ) ss. County of Jackson ) On this 3j day of p 2C2m lz a r- 2012 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named James C. Miller and Charlene Miller on the basis of satisfactory evidence is known to be the person whose name is subscribed to the within instrument and acknowledged that he has the authority to execute the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. OFFICIAL SEAL `YJ • V"V o A/ FRANCEE J ROTHWELL j NOTARY PUBLIC-OREGON Notary Public for Oregon COM0N NO. 457011 My Commission Expires: oL~I py~o`~ 15 MY COMMISS,ON* ,ON EXPIRES APRIL 24, 2015 State of Oregon ) ss. County of Jackson ) day of 2914 before me, the undersigned, a On this b* Notary Public in and for said Co and St te, personally appeared the within named ~0.vi N!A' , who is the of the City of Ashland and on the basis of satisfactory evidence is know to be the person whose name is subscribed to the within instrument and acknowledged that he has the authority to execute the same for the purposes therein contained. Page 3 of 4 IN WITNESS WHEREOF, I have hereunto set my hand and offic4al ay and year la st above written. HIPLET suc-OREGON otary Publi'I I , ,N NO. 454136 My Commission Expires: NDVr~1LiY ao14 NOVEMBER 28, 2014 OFFICIAL SEAL DIANA R SHIPLET 1 NOTARY PUBLIC-OREGON COMMISSION NO. 454135 MY COMMISSION EXPIRES NOVEMBER 28, 2014 Page 4 of 4 5