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HomeMy WebLinkAbout1971-024 CONT AMND #1 - HUD - Lithia Park Grant 4 -~•`'°o eFOO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICES i A R E A O F F I C E FOrtland, Oregon a A, O #-P Seattle, Waattington a+> IIIIIIII oe CASCADE BUILDING, 520 S.W. SIXTH AVENUE, PORTLAND, OREGON 97204 W °bnaa w•a REGION X REGIONAL OFFICE SEATTLE, WASHINGTON IN REPLY REFER TO: 10a2G (Young) Mr. Brian Almquist _ City Administrator City of Ashland City Hall Ashland, Oregon 97520 Dear Mr. Almquist: . Subject: Project ORE-OSC-40(DL) Contract No. ORE-OSC-40(DL)(G) Amendment No. 1 We are pleased to enclose herewith one fully executed counterpart of the contract identified above for your files and information. Si eerel , ssell awson cz. Are Director Encl. UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. i FIRST AMENDATORY CONTRACT AMENDING CONTRACT FOR GRANT TO ACQUIRE OPEN-SPACE LAND UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED Project No. ORE. OSC-40(DL) City of Ashland Contract No, ORE. OSC-40(DL)(G) Amend-m<nt No. 1 THIS AMENDATORY CONTRACT made and entered into on the date hereinbelow specified, by and between the City of Ashland (herein called the "Public Body") and the United States of America (herein called the "Government"). WITNESSET'H: WHEREAS, the parties hereto entered into that certain Contract for Grant to Acquire Open Space Land, Contract No. Ore. OSA-40(DL)(G) dated ,Tune 9, 1969, (herein called the t "Existing Contract") and it now appears that the Existing Contract should be amended; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representa- tions contained herein and in the Existing Contract, the parties hereto do agree as follows: The Existing Contract, Part 1, Section 2, Paragraph (a), is hereby amended by deleting the therein referenced Exhibit A in its entirety and inserting in lieu thereof a new description of Project Land attached hereto as Exhibit and incorporated herein by reference. It is hereby further agreed that the following Special Condition is added to Section 7: "Deed Restriction; Recordation. The Public Body agrees to have prepared and recorded in the appropriate Land or Deed records for each Open Space site contained in this project an appropriate restriction indicating that the site or any interest therein may not be sold, leased, or otherwise trans- :erred without tLc piiui wcI LLeu approval of the Secretary of housing and Urban Development, his designee, or any successor thereto. This restriction may be recorded in the Public Body's deed or deeds to the Open Space site or in a separate instrument, provided that the method used gives construction notice (or the equivalent) of the restriction." IN WITNESS WHEREOF, the Public Body has caused this Amendatory Contract to be duly executed in its behalf and its seal to be hereunto affixes; and attested; and, thereafter, the Government has caused the same to be duly executed in its behalf by the undersigned official r CITY OF ASHLAND / (SEAL) BY i TITLE ~!LyG~Pi ATTEST: BY 4ga-1A ~ /~JJ r .GG~'~-- i. i TITLE z4 UNITED STATES OF AMERICA Secretary ` 'Dosing and Urban Development . (SEAL) _ BY Clu/626Y~ Area Director September 30, 1971 Date of Execution by Government } j d Ore-OSC-400L) HUD-6660.3 pale 7 01 Form HUD-6660 'PROJECT N0. (1.661 1 r Y - EXHIBIT A-1 1 DESCRIPTION OF LAND TO BE ACQUIRED The land to be acquired is situated in the City Clly, Town, etc. of Ashland County of Jackson State of OrcSon , and is more fully described as follows: " Block 2 - Parcel No. 2 Beginning at the. southeast corner of Lot 9 in Block 1 of the City of Ashland, Jackson County, Oregon; thence, North 3030' West along the easterly line-of said Block 1 46.00 feet; thence, South 86°30' West 173.30 feet; thence, . North 3°33' West 25.15 feet, more or less, to .the southeast corner of a tract described in Volume 50, page 118, of the Deed Records of f Jackson County, Oregon, the true point of be- ginning; thence, South 86°"20' Nest 24.70 feet; thence, North 0057' West 67.10 feet; thence, North 66°10' West 37.85 feet to the northeast - corner of a tract described in Volume 149, l page 347, said Deed Records; thence, South ; 5045' East 55.20 feet; thence, South 9030' West K 16.70 feet; thence South 25035' West 116.00 feet, F more or less, to an intersection with the - northerly line of 1vinburn Way (Mill Street) extended Westerly; thence, North 83020' East along said northerly line 120.00 feet; thence, North 140401 . West 51.00 feet; thence, North 10000' East 23.00 feet to the true point of beginning. Block 2 - Parcel No. 5 Beginning at a point on the easterly side line F_ of Granite Street in the City of Ashland, Jack- son County, Oregon, from which point the stone monument at the intersection of the center line a of Granite Street and High Street bears South 55025' West, 62.45 feet distant; thence North 36045' East, 70 feet; thence South.52°30' East, SS feet, more.or less, to the center of Ashland Creek; thence southerly following the meanderings of the center of said Creek, 40 feet, more or 'Less, to where the center line of said Creek would intersect th-- south line of Lot 5, Block 1 of City of Ashland, Oregon, thence South 36020' West along said southerly lire of Lot 5,'40 feet, more or less, to the southeast corner of tract of land described in Volume 48, gage 476, Deed Records of Jac'.:son County, Oregon; thence Borth f. I 1 3 58°34' {test, 64.50 feet to the northwest corner 1 of said tract of land; thence North 52°30' West, i 11.55 feet, more or less, to the true point of beginning. 'Block "2 Parcel No. 6= t Beginning at a point on the easterly sideline of Granite Street in the City of Ashland, Jackson Count,-, Oregon, from which the stone monument at the intersection of the center line of Granite Street with the center line of High Street in said City, bears South 42°1S' West 205.40 feet; thence South S2030' East 55.20 feet; thence South 46.95 feet; thence South 86°20' West 4.60 feet; thence North 52°30' ;Vest 19.40 feet to the center line of Ashland Creek; thence along said creek center line South 3°33' East.31.55 feet; thence South 11°34' West 15.80 feet; thence, North 52°30' West 87.50 feet to the easterly line of Granite Street; thence along said street line -North 36°45' East 78.26 feet to the point of. ; beginning. ? Block 2.- Parcel No. 7 - i % Beginning at the northeast corner of Lot 1 in Block l'of the City of Ashland, Jackson County, Oregon, according to the official plat thereon, now of record; thence South 86°27' West 95.0 j feet more or less, to the west line of tract described in Voiure 62, page 38S, of the Deed } Records of Jackson County, Oregon; thence North, c along said line, to the easterly line of Granite Street in sa:d City; thence, northeasterly, along said line, 84.0 feet, more or less, to the westerly. line of Main Street in said City; thence sojutheasterly, along said l_ne, 100.70 feet to the point of beginning. Also, Beginning at a point on the easterly line of Granite Street in the City of Ashland, Jack- son County, Oregon, from which point a stone monu- ment at the intersection of the centerline of } Granite Street and High Street bears South 42° 15' I West 208.40 feet (said point also being the most northerly corner of tract described in Volume 48, page 166 of the Deed Records of Jackson County, Oregon); thence, South 52°30' East 55.20 feet; j thence North 92.25 feet, more c.r less, to the easterly line of said Granite Street; thence South 36°4S' West, along said lire, 73.10 feet to the point of beginning. t~ • i Block 2 - Parcel No. 8_- Er Lot 1 in Block 1 of the City of Ashland, Jack- son County, Oregon, according to the official 1888 Map of said City. Excepting therefrom the following: Beginning at the southeasterly corner of said lot; thence northerly along the easterly line of said lot, a distance of 7.0 feet; thence at right angles to said easterly line of said lot 1., in a westerly direction, to 'the westerly line of said lot; thence southerly along the west- erly line of said lot, to the southwesterly corner thereof; thence easterly along the southerly line of said lot to the point of beginning. Also, beginning at the northwesterly corner of Lot 1, in Block 1 of the City of Ashland, Jack- son County, Oregon, according to the official. 1888 Map of said City; thence southerly along the westerly line of said lot.a distance of 24 feet 9 inches, to within :l inch of the Odd Fellows Building; thence westerly parallel with said t northerly wall 52 feet to a stake set for corner, r set 8.0 feet East of the flume of the Ashland Woolen Manufacturing Company; thence northeasterly parallel with said flume, a distance of 17 feet 0 inches to stake for corner; thence easterly 50 feet 10 inches to the point of beginning. ; Also, beginning at the northwesterly corner of e City of Ashland, Jack- 11 Lot 1.in Block 1 of th son,County, Oregon, according to the official 1 1888 Map, of said City; thence South 86°27' West ) 59.0 feet, more or less, to the westerly line of ` tract described in Volume 62, page 385, of the Deed Records of Jackson County, Oregon; thence South 10.0 feet, more or less, to the southwest corner of said tract; Thence north 78'45' East to the point of beginning. Block 2 - Parcel No.?'. - Beginning at the southeast corner of Lot 2 of Block 1 in the City of Ashland, Jackson County, Oregon; thence, South 3°3s' East along the east- erly line of said Block 1, 17.00 feet to the northerly line of property described in Deed Volume 245, pages 395 and 396 of Jacksor. County Deed Records; thence South 86'30' hest along said northerly line, 91.30 feet to the true point of beginning; thence North 3°33' West, 5.00 feet; P thence North 86°30' East, 4.00 feet; thence, North 3°33' West, 5.00 feet to the beginning of a 58 foot radius curve; thence northeasterly _ i 1 i E j f dE II I g y P along the,arc of said curve to the right, 5S feet more or less to its intersection with the souther- ly line of a parcel of land described in Deed Volume 413, page 1S9 of Jackson County Deed Records;-thence South.86°27' Nest along said southerly line to the northwest corner of the said Lodge property as described in Deed Volume 69, pages 56 and 58 of Jackson County Deed Records; thence South along the westerly line of said Lodge property, 61.40 feet more or less to the southerly line of said property; thence North 86°30' East along said southerly line to the point of beginning. Block 2 - Parcel No. 10 Beginning at the southeast corner of Lot 3 of Block l'in the City of Ashland, Jackson County, Oregon; thence South 86°30' West, 91.30 feet to the true point of beginning; thence continue f South 86°30' Nest, 8.60 feet; thence North 3°00' ` West, 20.00 feet; thence North 86°30' East, 7.10 feet; thence South 3°33' East, 20.00. feet to the true point of beginning. 4 Block 2- Parcel No. 11" ' i Beginning at the northeast corner of Lot 4 in .-Block l*of -the City of Ashland, Jackson County, Oregon, according to the official Map of said City adopted in November 1888; thence South 86°20' Nest along the line between lots 3 and 4 } of said Block, 91.30 feet to the true point of x beginning; thence continue South 86°20' Nest, 15.75 feet; thence North 52°30' West, 19.40 feet to the center of Ashland Creek; thence Sout~ 3°33' East along said center of Ashland Creek, 31.55 feet; thence North 86°20' East, 30.70 feet; thence North 3°33' Nest, 18.50 feet to the true point of beginning. Block 2 - Parcel No. 12 Beginning at a point on the westerly line of Main Street in the City of Ashland, Jackson County, Oregon; said point being North 3°33' Nest, E O.SO feet from the southeast corner of Lot 4 of Block 1 of said City, according to the official iE88 Map thereof; thence South 86°20' Nest, 91.30 feet to the true point of beginning; thence ;;,;«inue South 86°20' best, 25.10 feet; thence North 10°48' East, 18.60 feet; thence North 86°30' East, 20.50 feet; thence South 3°33' East, 18.00 feet to the true point of - j ' t beginning. Block '2 - Parcel No. `13 s Code 5-1, Account No. 391EgBB, Tax Lot 8890, i Official Records of Jackson County Assessor. Bloc': 2 - Parcel No. 14 (Amended Beginning at the southeast corner of Lot 5 of Block 1 in the City of Ashland, Jackson County, Oregon; according to the official 1888 Map thereof; thence South 8620' West, 111.30 feet to the true point of beginning; thence North 3°33' West 4.00 feet; thence North 86'20' East, 13.00 feet; thence North-3'33' West, 33.50 feet; thence"South 86°20' Nest, 28.55 feet; thence South 11°34' West, 38.85 feet; thence.North $ 86°20' East, 25.70 feet to the true, point of F beginning. Block 2 Parcel No. C Beginning at the southeast corner of Lot 6 in h Block 1 in the City of Ashland, Jackson County, Oregon; thence South 86°30' West, 111.30 feet to the true noir_t of beginning; thence continue Sot-,-h 86°30' West, 57.20.feet to the southwest corner of said Lot 6; thence North 14°45! West, ~ 40.60 feet to the northwest corner of".said lot; "thence North 86°30' East, 64.70 feet; thence South 3°33' East, 40.00 feet to the true point." of beginning. itt Block 2 = Parcel No. 16 Beginning at the southeast corner of Lot 7 6f Block l in the.City of Ashland. Jackson County. Oregon; thence South 86°30.' West,111.30 feet.to the true point of beginning; thence continue South 86°30' West, 49.70 feet to the Southwest corner of said Lot 7; thence North 14°45' West, 40.60 feet to the northwest corner of said Lot 7; thence North 86°30' East, 57.20 feet; thence f ."South 3033'. East 40.00 feet to the.true point of beginning. Block 2 - Parcel No. 1_' Beginning at the southeast corner of Lot 8 of -Block 1 in the City of Ashland, Jackson County, Oregon; thence South 86°30' West, 125.30 feet to the true point of beginning; thence continue South 86°30' ''rest, 48.00 feet; thence North 3°33' West, 52.SG feet; thence North 36°30' East, 62.00 feet; thence South 3°33' East, 4.00 feet;. f f i } E I t t f~ 4 1 i . Y thence South S6°30' West, 14.00 feet; thence South 3°33' East, 48.S0 feet to the true point of beginning. Block 2- Parcel No. 18, 14."" Beginning at the southeast corner'of'Lot 8 of Block 1 in the City of Ashland, Jackson County, Oregon; thence South 86°27' Nest, 125.30 feet to the true point of beginning; thence continue South 86°27' ltiest, 48.00 Feet; thence South 3°33' East, 45:50 feet; thence-North S6°27' East, 20,00 feet; thence North 3°33' West, 9.00 feet; thence North 86°27' East, 28.00 feet; thence North 3'33' West, 36.50 feet to the true point of beginning. Block 3 - Parcel No. 2 Deleted from project. Block 3 - Parcel No. 7 - Beginning at a, point on the northwesterly side- line of South Pioneer Avenue (formerly known as First Avenue and as Hargadine Avenue), from which the stone monument at the intersection of the ' center line of Main Street with the center line of Oak Street as laid dorm and designated upon the official map of the City of Ashland, Jackson County, Oregon, adopted November 5, 1888, bears North 17°35' West, 233.80 feet distant, said point being the intersection of the northwesterly side- ; .line of said South Pioneer Avenue with the south- westeriy line of an alley as described in deed recorded in Volume S6, page 150 of the Deed Recoxds of Jackson County, Oregon; thence Cp>~tl~ ZS~1~191 l~i~a.t, Aleng t::fl >>..r t:il'1 ::S tCi.r iy side-line of South Pioneer Av--nue, a distance of 64:40 feet, to the most easterly corner of tract described in deed recorded in Volume 116, page 585, said Deed Records; thence North 56°19' West, along the northeasterly line of said tract, a distance of 118.40 feet to the easterly line. of"the Chautauqua tract as described in deed recorded in Volume 26, page 606, said Deed Records; thence North 16°15' East,_64.60 feet to the south- westerly lire of said alley; thence South S6°19' East, along said alley line, a distance of 139.20 feet to the point of begirn_no. F EXCEPTING THEREFROM the following: Beginning at the most northerly corner of the above described tract; thence South 56°19' East, along the ' t P - t r i r {r f F l" i L I SSS3 ' ~ i _ -7- s outhwesterly line of said alley, a distance of 30.0 feet; thence South 16'15' West, a distance of 60.0 feet; thence North 56'19' hest, a distance of 30.0 feet-to the easterly line of said Chautauqua tract; thence North 16'15' East, a distance of 60.0-feet to the point of beginning. Block 3 --Parcel No. 8 (Amended' Commer.dino at the south~est corner of Lot 1 in Block .""s of the City of Ashland, Jackson County, Oregon, according to the official plat of said City adopted Novomber S, 1888, thence South 69' East 23.16 fee, to the true point of begin- ning; thence continue South 69' East 27.0 feet to an iron pin; thence North 21'30' East (record -North 21' East) 1S.0 feet; thence southwesterly, in a straight line, 30.89 feet, more or less, to the true point of beginning. ! Block -3 Parcel No. 8A (Easement) Beginning at the Southwest corner of Lot One in Block,Tac.. of_the City of Ashland, Jackson County .Oregon:, according " to the official plat of said City adopted ?Iovemoer 5, 1883; thence Yorth 21030' East along the Westerly line of said lot 21.70 feet to the Southerly.end of the existing brick building; thence South 68030' East along said building line 55:0 feet; thence South 21'30' West 2.50 feet; thence West 5.50 feet; thence South 21'00' ides' 4.25 feet; thence South- westerly 30.89 feet to a point which lies South 69000' East :.23.16 feet fro*a said Southwest corner of Lot One; thence -North 69000' ides' 23.16 feet to the point of beginning. 1 I 4 i I ~f I1 - i c It ! ' I