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HomeMy WebLinkAbout2014-146 Deeds-Line Adj-Easements - Miller Trust Jackson County Official Records 2014-006712 R-WD 03/24/2014 01:10:03 PM Cnt=1 MORGANSS $20.00$10.00$8.00$11.00$20.00 Total:$69.00 Until a change is requested, all tax statements shall be sent to: City of Ashland 111111111111111111111111111111111111111111111111111 01 61850420140006712OD400 Clerk's Office I, Christine Walker, County Clerk for Jackson county, Oregon, certify 20 East Main Street that the instrument identified herein was recorded In the Clerk records. Christine Walker - County Clerk Ashland, OR 97520 After recording return to: City of Ashland Clerk's Office 20 East Main Street Ashland, OR 97520 STATUTORY WARRANTY DEED James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each as to an undivided 50% interest, Grantor, conveys to City of Ashland, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibits "A" and "B" herein attached and incorporated. [Miller-TL400 to City TL4001 The true consideration for this conveyance is approximately $7,927.00 per acre and in exchange of other real property herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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, TI4E PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD C14ECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, 1 SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED, this day of March, 2014 GRANTOR ~kw J es C. Miller Charlene M. Miller STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this df March, 2014 by James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02. Notary Public for Oregon My commission expires: STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me thi day of March, 2014 by Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03. i OFFICIAL SEAL - NOY ry Public for Oregoj11R7 KRISTINE EIECHTOLD My commission expires: ~O15 NOTARY PUBLIC-OREGON COMMISSION NO. 463652 MY COMMISSION EXPIRES NOVEMBER 11,1015 EXHIBIT `A' PORTION OF 39 2E 07, TAX LOT 400 (MILLER) TO 39 lE 12, TAX LOT 400 (CITY OF ASHLAND) A tract or parcel of land located in the Southeast Quarter of Section 12, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, being a portion of that certain property described in Document No. 03-22279, Official Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Southwest Corner of Donation Land Claim No. 51 in Township 39 South, Range 1 East of said Willamette Meridian; thence along the South line of said Donation Land Claim, South 89° 57'38" East, 310.14 feet to the Southeast corner of that tract described in Volume 182, Page 379, Deed Records, Jackson County, Oregon, being the Point of Beginning; thence along the Easterly line of said tract, North 0° 13' 19" East, 203.01 feet to a 5/8" iron pin; thence South 83° 25'39" East, 31.94 feet to a 5/8" iron pin; thence North 60° 02'06" East, 354.59 feet to a 5/8" iron pin; thence North 73° 22' 57" East, 161.18 feet to a 5/8" iron pin; thence North 82° 55'40" East, 79.97 feet to the East line of said Donation Land Claim No. 51; thence along said East line, South 0° 07' 11" West, 432.89 feet to the Southeast corner thereof; thence along the South line of said Donation Land Claim No. 51, North 89° 57'38" West, 572.92 feet to the Point of Beginning, containing 4.38 acres, more or less. March 10, 2014 REGISTERED PROFESSIONAL LAND SURVEYOR . C' ORGON JULY! . .UU . /9W STUART ..00 No2484 EXHIBIT B (Miller TL 400 to Ashland TL400) EXCEPTIONS (Title Report Order No. 0802094) GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement; not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Unpatented mining claims whether or not shown by the public records. SPECIAL EXCEPTIONS As to Parcel 3 (Exhibit A): 20. As disclosed by the assessment and tax roll, the premises herein have been specially assessed for faun use. If the land becomes disqualified for this special assessment under the statutes, an additional tax, plus interest and penalty, will be levied for the number of years in which this special assessment was in effect for the land. 21. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of the Talent Irrigation District, for which no search has been made. 22. Rights of the public in and to any portion lying within the limits of public roadways, if any, and/or rights of private parties over any portion lying within existing roadways or driveways not disclosed by the public records. 23. An easement created by instrument, including the terms and provisions thereof, Recorded April 23, 1914 Volume: 104 Page' 477 In Favor Of: Klamath Power Company For : Transmission and distribution of electricity (Exact location not given) 24. An easement created by instrument,, including the terms and provisions thereof, Recorded November 9, 1927 Volume: 168 Page: 151 In Favor Of The California Oregon Power Company For Transmission and distribution of electricity over the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter. (Exact location not given) 25. Reservation of right of way for ditch and right to flow and use water from Walker Creek as set forth in Deed recorded February 26, 1940 in Volume 224 Page 554, Official Records of Jackson County, Oregon. (Over Government 4 for the benefit of Government Lot 5-Exact location not given) 26. Unrecorded Lease, including the terms and provisions thereof, as disclosed by Instrument, Recorded July 8, 1941 Volume: 231 Page: 425 Lessor Ben C. Gerwick and Bernice C. Gerwick Lessee Gas Ice Corporation 27. Restrictive Covenant, including the terms and provisions thereof, Recorded : May 15, 1991 Document No. 91-10727 28. Terns, provisions and conditions, including but not limited to maintenance provisions contained in instrument Recorded : July 26, 2002 Document No. 02-39915 Jackson County Official Records 2014-006713 R-WD Cnt=1 MORGANSS 03/2412014 01:10:03 PM $25.00$10.OOS8.00 $11.00$20.00 Total:$74.00 Until a change is requested, 111111 111111111111111111111111111111 5tall tax statements shall be sent to. - I, Christina Walker, County Clark for Jackson County, Oregon, mangy that the Instrument Identified herein was recorded In the Clark City of Ashland r.acrda. Christine Walker - County Clerk Clerk's Office 20 East Main Street Ashland, OR 97520 After recording return to: City of Ashland Clerk's Office 20 East Main Street Ashland, OR 97520 STATUTORY WARRANTY DEED James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each as to an undivided 50% interest, Grantor, conveys to City of Ashland, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibits ".A', and "C" herein attached and incorporated. [Miller-TL400 to City TL800] The true consideration for this conveyance is approximately $7,927.00 per acre and in exchange of other real property herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT. OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND195305 t TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED, this aC C day of March, 2014 GRANTOR c_ /~~C es C. Miller !ZAZ"~~ C;~), ya, Charlene M. Miller STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me thised of March, 2014 by James C. Miller, III as trustee of the James C. Miller Trust dated 2/19/02. 9" Not ry Public for Oregon My commission expires: 7 06 STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me thised of March, 2014 by Charlene M. Miller as trustee of the Charlene M. Miller Trust d ted 01/21/03. Notary Public for Oregon C SEAL My commission expires: II OIv HTOLD t -OREGON O. 463852 VEMBER 27, 2015 EXHIBIT `A' PORTION OF 39 2E 07, TAX LOT 400 (MILLER) TO 39 2E 07, TAX LOT 800 (CITY OF ASHLAND) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, Willamette Base and Meridian, Jackson County, Oregon, being a portion of that certain property described in Document No. 03-22279, Official Records, Jackson County, Oregon, and being more particularly described as follows: Beginning at the Southwest Corner of Donation Land Claim No. 38 in Township 39 South, Range 2 East of said Willamette Meridian; thence along the East line of said Donation Land Claim, North 0° 07' 11" East, 432.89 feet to a 5/8" iron pin; thence North 82° 55'40" East, 78.70 feet to a 5/8" iron pin; thence South 48° 12' 43" East, 106.82 feet to a 5/8" iron pin; thence South 77° 34'20" East, 62.44 feet to a 5/8" iron pin; thence North 86° 34'46" East, 204.08 feet to a 5/8" iron pin; thence South 60° 38' 18" East, 315.45 feet to a 5/8" iron pin; thence South 20° 16' 41" East, 81.60 feet to a 5/8" iron pin; thence South 31° 07'09" East, 77.58 feet to the North line of Government Lot 5 in said Section 7; thence along said North line, North 89 47'06" West, 86.14 feet to the Northwest corner thereof; thence South 0° 11' 51" West, 73.37 feet to the Southwest corner of said Government Lot 5, thence along the South line of said Donation Land Claim No. 38, North 89° 57'38" West, 680.56 feet to the Point of Beginning, containing 5.67 acres, more or less. March 10, 2014 R E B ;r f9 I PROFESSIONAL LAND SURVEYOR OREGON .war 28. i eau STUART M.OSMUS No. 2464 e~ptro. 12 -3 /-/N EXHIBIT C (Miller TL400 to Ashland TL800) EXCEPTIONS (Title Report Order No. 0802094) GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement; not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Unpatented mining claims whether or not shown by the public records. SPECIAL EXCEPTIONS As to Parcels 1 (Exhibit A) & 2 (Exhibit B): 7. As disclosed by the assessment and tax roll, the premises herein have been specially assessed for farm use. If the land becomes disqualified for this special assessment under the statutes, an additional tax, plus interest and penalty, will be levied for the number of years in which this special assessment was in effect for the land. 8. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of the Talent Irrigation District, for which no search has been made. 9. Rights of the public in and to any portion lying within the limits of public roadways, if any, and/or rights of private parties over any portion lying within existing roadways or driveways not disclosed by the public records. 10. Any adverse claim based on the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by a change in the location of Emigrant Creek and Walker Creek. 11. Lack of right of access to and from said land. The within described property does not appear of record to have access to a public street or way. 12. An easement created by instrument, including the terms and provisions thereof, Recorded Volume: 440 Page: 72 Amended August 30, 1991 Document No. 91-20822 In Favor Of PacifiCorp, an Oregon Corporation, or its predecessor or successor in interest for transmission and distribution of electricity (Exact location not given) 13. Restrictive Covenant, including the terms and provisions thereof, Recorded : May 15, 1991 Document No. 91-10727 (Affects Parcel 2 (Exhibit B)) 14. Terms, provisions and conditions, including but not limited to maintenance provisions contained in instrument Recorded : July 26, 2002 Document No. 02-39915 15. Unrecorded Trust Agreement, including the terms and provisions thereof and such other exceptions as may appear necessary upon the recording thereof, as disclosed by Bargain and Sale Deed, Recorded : April 10, 2003 Document No. 03-22279 To James C. Miller, III as Trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as Trustee of the Charlene M. Miller Trust dated 01/21/03, each to an undivided 50% interest 16. Terms and provisions of order or notice pertaining to Measure 37 claim recorded as stated V\ herein, including without limitation, notice of possible nonconforming use under applicable land use regulations and any consequence thereof, Recorded : August 2, 2006 Document No. 2006-039006 17. Conveyance of all the oil and gas deposits and the geothermal steam and associated geothermal resources, including the terms and provisions therein, in deed to U.S. Mineral, LLC. Recorded: October 15, 2009 Document No.: 2009-039157, Jackson County, Oregon 18. Agreement, including the terms and provisions thereof, by and between James Miller, Charlene Miller and the City of Ashland, recorded January 17, 2013 as Document No. 201 001900, in the Official Records of Jackson County, Oregon. (Affects Parcel 2 (Exhibit B)) 19. The description herein may be subject to the provisions of ORS 92.010 - 92.190 regarding partitioning of property. Jackson County Official Records 2014-006717 R-LLA Cnt=1 MORGANSS 03/24/2014 01:10:03 PM Cnt $10.00$10.00 S8.00$11.00$20.00 Total:$69.00 Until all tax statements shall be sent to: I IIII I I I II Iii VIII I II I I VIII I III City of Ashland 01616510201400067170020025 Y 1, Christine Walker, County Clerk for Jackson County. Oregon, Cal iy Clerk's Office that the instrument demented herein was recorded in the Clerk 20 East Main Street `s`o`da' Christine Walker - County Clerk Ashland, OR 97520 After recording return to: City of Ashland Clerk's Office 20 East Main Street Ashland, OR 97520 PROPERTY LINE ADJUSTMENT JACKSON COUNTY FILE NUMBER: SUB 2012-00069ysi6 Z013-00000I STATUTORY BARGAIN AND SALE DEED City of Ashland, Grantor, conveys to City of Ashland, Grantee, the following described real property: See Exhibits "D" herein attached and incorporated. [Adjusted Ashland TL400] The true consideration for this conveyance is for value herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 1 I' CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED, this ~ day of March, 2014 GRANTOR Jo Stromberg STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this day of March, 2014 by John Stromberg, Mayor City of Ashland, Grantor. t D~l/v OFFICIAL SEAL o ry Public for Oregon KRIBTINE 9ECHTOLD My commission expires: t'I wo NOTARY PUBLIC-OREGON COMMISSION N0. 463852 MY COMMISSION EXPIRES NOVEMBER T7, 2015 ' EXHIBIT `D' ADJUSTED 39 lE 12, TAX LOT 400 (CITY OF ASHLAND) A tract or parcel of land located in the Southeast Quarter of Section 12, Township 39 South, Range 1 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Beginning at the Southwest Corner of Government Lot 1 in Section 12, Township 39 South, Range 1 East; thence along the West line of said Lot 1, North 0° 13' 19" East, 568.00 feet to the North line of tract described in Volume 182, Page 379, Deed Records, Jackson County, Oregon; thence along said North line, South 89° 57' 38" East, 120.69 feet to a 5/8" iron pin; thence, leaving said North line, South 50° 12' 38" East, 84.10 feet to a 5/8" iron pin; thence South 85° 03' 43" East, 161.87 feet to a 5/8" iron pin; thence South 43° 27' 39" East, 148.59 feet to a 5/8" iron pin; thence South 54° 47' 28" East, 86.23 feet to a 5/8" iron pin; thence South 67° 37' 29" East, 81.92 feet to a 5/8" iron pin; thence South 81° 31' 05" East, 172.81 feet to a point which is 767.00 feet East of said West line of said Lot 1; thence, parallel with said West line, South 0° 13' 19" West, 83.44 feet to a 5/8" iron pin; thence South 83° 25'39" East, 31.94 feet to a 5/8" iron pin; thence North 60° 02'06" East, 354.95 feet to a 5/8" iron pin; thence North 73° 22'57" East, 161.18 feet to a 5/8" iron pin; thence North 82° 55' 40" East, 79.97 feet to the East line of Donation Land Claim No. 51 in said Section 12; thence along said East line, South 0° 07' 11" West, 432.89 feet to a brass disk marking the Southeast Corner of said Claim No. 51; thence South 0° 07' 11" West, 462.01 feet (record is 7 chains) to the Northeast comer of tract described in Document No. 2011-002376, Official Records, Jackson County, Oregon; thence along the North line of said tract, North 89° 57' 43" West, 1,340.77 feet (record is 1,361.4 feet) to the East Line of Donation Land Claim No. 53 in said Section 12; thence along said East line, North 0° 13' 19" East, 462.04 feet (record is 7 chains) to the Point of Beginning, containing 26.24 acres more or less. RE6ISTEIRED hLANO ROFESSIONAL March 10, 2014 .SURVEYOR ~ . L OREGON JULY 25, low BTUART M.OSMUS No. 2484 rs~m. /t-3~-iy U Jackson County Official Records 2014-006718 R-LLA Cnt=1 MORGANSS 03/24/2014 01:10:03 PM e Cnt $10.00S10.00S8.00311.00S2o.00 TOtal:$59.00 Until atements requested, all tax st be sent to: 111111 II I I I I III I IIII I II I I IIII I I III I I III 01618511201400067180020022 City of Ashland _ 1, Christine Walker, County Clerk for Jackson County, Oregon, certlty that the instrument Identified herein was recorded In the Clerk Clerk's Office record Christine walker - County Clerk 20 East Main Street Ashland, OR 97520 After recording return to: City of Ashland Clerk's Office 20 East Main Street Ashland, OR 97520 PROPERTY LINE ADJUSTMENT JACKSON COUNTY FILE NUMBER: SUB 2012-000691 s`^B 2°t3 -01001 STATUTORY BARGAIN AND SALE DEED City of Ashland, Grantor, conveys to City of Ashland, Grantee, the following described real property: See Exhibits "E" herein attached and incorporated. [Adjusted Ashland property TL8001 The true consideration for this conveyance is for value herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7,CCHAPTER 8, OREGON LAWS 2010. DATED, this 4 day of March, 2014 GRANTOR N~L J h Stromberg STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me thi&day of March, 2014 by John Stromberg, Mayor City of Ashland, Grantor. i OFFICIAL SEAL N ary Public for Oregon KRISTINE BECHTOLD MY commission expires: l NOTARY PUBLIC•OREGON COMMISSION N0. 463852 MY COMMISSION E%PIRES NOVEMBER 27, 2015 EXHIBIT `E' ADJUSTED 39 2E 07, TAX LOT 800 (CITY OF ASHLAND) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Beginning at the Northwest Corner of Government Lot 9 in Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence along the West line of Donation Land Claim No. 38 in said Section 7, North 0° 07' 11" East, 432.89 feet to a 5/8" iron pin; thence, leaving said West line, North 82° 55'40" East, 78.70 feet to a 5/8" iron pin; thence South 48° 12'43" East, 106.82 feet to a 5/8" iron pin; thence South 77° 34'20" East, 62.44 feet to a 5/8" iron pin; thence North 86° 34' 46" East, 204.08 feet to a 5/8" iron pin; thence South 60° 38' 18" East, 315.45 feet to a 5/8" iron pin; thence South 20° 16'41" East, 81.60 feet to a 5/8" iron pin; thence South 31 ° 07'09" East, 77.58 feet to a point on the North line of Government Lot 5 in said Section 7; thence along said North line, South 89° 47' 06" East, 116.51 feet; thence, leaving said North line, South 50° 31' 15" East, 75.79 feet to a 5/8" iron pin; thence South 61 ° 09'37" East, 50.93 feet to a 5/8" iron pin; thence South 74° 32'03" East, 91.58 feet to a 5/8" iron pin; thence 428.27 feet along the arc of a non-tangent curve which is concave to the Southwest, having a radius of 869.40 feet, a central angle of 28° 13'28" and a long chord which bears South 51 ° 06' 36" East, 423.96 feet to a point on the easterly line of that certain parcel described in Volume 217, Page 321, Deed Records, Jackson County, Oregon; thence along said line, South 10° 37'22" East (record is South 11 ° 00' East), 768.72 feet to a 5/8" iron pin, thence, continuing along said easterly line, South 21° 37'3 1" East, 225.40 feet (record is South 22° East, 205 feet) to the South line of said Section 7; thence along said South line, North 89° 42'37" West, 1,631.86 feet (record is 1,635 feet) to the Southwest Corner of said Section 7; thence along the West line of said Section 7, North 0° 07' 11" East, 1,248.02 feet to the Point of Beginning, containing 47.52 acres more or less. EXCEPTING THEREFROM: Commencing at the Southwest Comer of Section 7, Township 39 South Range 2 East, Willamette Meridian, Jackson County, Oregon; thence along the South line of said Section 7, South 89° 42'37" East, 1,308.73 feet; thence North, 0° 13'26" East, 662.63 feet to the Southeast corner of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of said Section 7, being the Point of Beginning; thence North 89° 46'34" West, 440.00 feet; thence North 0° 13'26" East, 400.00 feet; thence South 89° 46'34" East, 440.00 feet; thence South 0° 13'26" West, 400.00 feet to the Point of Beginning, containing 4.04 acres more or less. REGISTERED PROFESSIONAL LAND. SURVEYOR It March 10, 2014 OREGON x T M iwo Q .OSMUS L_STu No. 2484 11aN..., 11-31-iv Jackson County Official Records 2014-006722 R-e Cnt=1 MORGANSS 03/24/2014 01:10:03 PM S20.00$5.00$10.00$8.00$11.00 Total:$77.00 $20.00 IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII VIII 01618516201400067220040043 I, Christine Walker, County Clark for Jackson county, Oregon, candy that the Instrument identified herein was recorded In the Clark records. Christine Walker - County Clerk Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 True and Actual Consideration: $Zero: Value is the permission for property line adjustment. EASEMENT FOR LIVESTOCK ACCESS AND AGREEMENT Recitals: A. City of Ashland, herein referred to as "Grantor", is the owner of certain real property, 39S-2E-07 TL800 ("TL 800"), which contains a stream and is adjacent to the dominant estate property, 39S-2E-07 TL500 ("TL 500"), owned by James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each with an undivided 50% interest ("Miller"); and B. Grantor and Miller have negotiated an agreement to adjust property lines between TL800 and TL500 and, in addition, to allow use and maintenance of TL800 and its surroundings for access to the stream by livestock from TL500 as set forth in this easement agreement. Grantor and Miller agree: 1. Grantor owns property as described in Exhibit A (the "Property"), herein attached and incorporated. 2. Grant of easement. The above-named Grantor grants to Miller, a perpetual non- exclusive easement appurtenant to 2E-07 TL500 ("TL 500") to run with the land, and to use the Property as access to the stream by livestock from TL500 on Miller's side of the stream, said area further referred to in this easement agreement as the "easement area", and illustrated in Exhibit B. 3. Maintenance. Miller agrees, at Miller's own cost, to reasonably maintain and repair damage to the riparian area within the easement area that is caused by Miller's livestock. 4. Grantor's Use of surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that 1- LIVESTOCK ACCESS EASEMENT Grantor shall not build or erect any structure upon the easement area without the prior written consent of Miller. Miller agrees to work with Grantor with steps needed to achieve the efficient and effective management of the riparian zone. 5. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 6. Mercier. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. City of Ashland GRANTOR: A t orized ignerforGrantor Date State of Oregon ) County of Jackson ) This instrument was acknowledged before me on 2014, by Ji1~1VI r-S'y/2n heK Grantor IZZ) C& No C ry Public for OregonnG OFFICIAL SEAL My Commission expires: A 01✓ KRISTINE BECHTOLD NOTARY PUBLIC-OREGON COMMISSION NO. 463852 MyCOMMISSION EXPIRnES NOVEMBER 27, 2015 2- LIVESTOCK ACCESS EASEMENT EXHIBIT `A~ ADJUSTED 39 2E 07, TAX LOT 800 (CITY OF ASHLAND) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Beginning at-the Northwest Corner of Government Lot 9 in Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence along the West line of Donation Land Claim No. 38 in said Section 7, North 0° 07' 11" East, 432.89 feet to a 5/8" iron pin; thence, leaving said West line, North 82° 55'40" East, 78.70 feet to a 5/8" iron pin; thence South 48° 12'43" East, 106.82 feet to a 5/8" iron pin; thence South 77° 34'20" East, 62.44 feet to a 5/8" iron pin; thence North 86° 34' 46" East, 204.08 feet to a 5/8" iron pin; thence South 60° 38' 18" East, 315.45 feet to a 5/8" iron pin; thence South 20° 1.6'41" East, 81.60 feet to a 5/8" iron pin; thence South 31 ° 07' 09" East, 77.58 feet to a point on the North line of Government Lot 5 in said Section 7; thence along said North line, South 89° 47' 06" East, 116.51 feet; thence, leaving said North line, South 50° 31' 15" East, 75.79 feet to a 5/8" iron pin; thence South 61° 09'37" East, 50.93 feet to a 5/8" iron pin; thence South 74° 32'03" East, 91.58 feet to a 5/8" iron pin; thence 428.27 feet along the arc of a non-tangent curve which is concave to the Southwest, having a radius of 869.40 feet, a central angle of 28° 13'28" and a long chord which bears South 51 ° 06'36" East, 423.96 feet to a point on the easterly line of that certain parcel described in Volume 217, Page 321, Deed Records, Jackson County, Oregon; thence along said line, South 10° 37'22" East (record is South 11 ° 00' East), 768.72 feet to a 5/8" iron pin, thence, continuing along said easterly line, South 21° 37' 31" East, 225.40 feet (record is South 22° East, 205 feet) to the South line of said Section 7; thence along said South line, North 89° 42'37" West, 1,631.86 feet (record is 1,635 feet) to the Southwest Comer of said Section 7; thence along the West line of said Section 7, North 0° 07' 11" East, 1,248.02 feet to the Point of Beginning, containing 47.52 acres more or less. EXCEPTING THEREFROM: Commencing at the Southwest Comer of Section 7, Township 39 South Range 2 East, Willamette Meridian, Jackson County, Oregon; thence along the South line of said Section 7, South 89° 42' 37" East, 1,308.73 feet; thence North, 0° 13'26" East, 662.63 feet to the Southeast corner of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of said Section 7, being the Point of Beginning; thence North 89° 46'34" West, 440.00 feet; thence North 0° 13'26" East, 400.00 feet; thence South 89° 46'34" East, 440.00 feet; thence South 0° 13' 26" West, 400.00 feet to the Point of Beginning, containing 4.04 acres more or less. EE318T E R.ED • FPROFESSIONA LD. SURVEYOR March 10, 2014 OREGON APY25. im LLMA RT M.of us j No. 2464 /t `3 I- Y EXHIBIT B MAP OF LIVE STOCK ACCESS EASEMENT GRANTOR CITY OF ASHLAND 20 EAST MAIN STREET ASHLAND, OREGON 97520 GRANTEE \ JAMES C. MILLER AND CHARLENE M. MILLER 975 DEAD INDIAN MEMORIAL ROAD ASHLAND, OREGON 97520 -ir SCALE: 1'-- 100' GOVERNMENT LOT 5, SEC710N 7 DATE : MARCH 17, 2014 39 2E 07 I TAX LOT 500 MILLER 39 2E 07 TAX LOT 800 CITY OF ASHLAND 39 2E 07 ~ TAX LOT 700 \ CITY OF ASHLAND LEGEND PROPERTY LINES \:i:i:: - - - - - - - - APPROXIMATE CENTERLME OF EMIGRANT CREEK EASEMENT AREA REGISTERED \ PROFESSIONAL \ LAND SURV€YUR TERRASURVEY, INC. . L. PROFESSIONAL LAND SURVEYORS \ L OREGON 274 FOURTH STREET \ -vty ls. Iem ASHLAND OREGON 97520 \ STUART M.OSMUs No. 2484 (541) 482-6474 - \ o• 12 -31- /Y terraln®bi p.net www.teuwur eylnc.com SHEET 1 OF 1 Jackson County Official Records 2014-006714 R-WO 03/24/2014 01:10:03 PM Cnt=1 MORGANSS $15.00$10.00$8.00$11.00$20.00 Total:$64.00 Until all tax statements shall be sent to: III III I I III I I III IIII I II I I I I I III III I I III 01618506201400067140030035 James C. Miller and Charlene M. Miller 1. Christine w.m.r. C>mny a.rfl tbNada.an Ccnnty, or.,an, =.rt,y 975 Dead Indian Memorial Road that the instrument Id.mm.d herein wa: recorded in the Clark feC.Is.. Christine Walker-County Clerk .Ashland, OR 97520 After recording return to: James C. Miller and Charlene M. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 STATUTOR17 WARRANTY DEED City of Ashland, Grantor; Conveys to James C_ Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each as to an undivided 50% interest, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibits "A", "B", herein attached and incorporated. [City TL 400 to Miller TL 100] The true consideration for this conveyance is approximately $7,927.00 per acre and in exchange of other real property herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195300, 195301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OFNEIG14BORING PROPERTY OWNERS, IF ANY, UNDER ORS 195300, 195301 AND 195305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED, this de day of Mazch, 2014 GRANTOR John Stromberg STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this,(' day of March, 2014 by John Strombero, Mayor, City of Ashland, Grantor. 12~~. ~ Ike ; ~ 1 CI✓4. OFFICIAL SEAL No ary Public for Oregon KRISTINE BECHTOLD My commission expires: 1.. NOTARY PUBLIC-OREGON COMMISSION NO. 463852 MY COMMISSION EXPIRES NOVEMBER 27, 2015 T EXHIBIT `A' PORTION OF 39 lE 12, TAX LOT 400 (CITY OF ASHLAND) TO 39 lE 12, TAX LOT 100 (IvnLER) A tract or parcel of land located in the Southeast Quarter of Section 12, Township 39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, being a portion of that certain property described in Volume 182, Page 379, Deed Records, Jackson County, Oregon, and being more particularly described as follows:. Commencing at the Southwest Comer of Donation Land Claim No. 51 in Township 39 South, Range 1 East of said Willamette Meridian; thence North 89° 57'39" West, 456.86 feet to the Southwest comer of Government Lot I in said Section 12, Township 39 South, Range 1 East; thence along the West line of said Lot 1, North 0° 13' 19" East, 568.00 feet to the Northwest corner of said parcel described in Volume 182, Page 379, Deed Records, Jackson County, Oregon; thence along the North line of said parcel, South 89° 57'38" East, 120.69 feet to the Point of Beginning; thence continue South 89° 57'38" East, 646.31 feet to the Northeast comer of said parcel; thence along the East line of said parcel, South 0° 13' 19" West, 281.56 feet to a 5/8" iron pin; thence North 810 31' 05" West, 172.81 feet to a 5/8" iron pin; thence North 67° 37'29" West, 81.92 feet to a 5/8" iron pin; thence North 540 47'28" West, 86.23 feet to a 5/8" iron pin; thence North 43° 27' 39" West, 148.59 feet to a 5/8" iron pin; thence North 85° 03'43" West, 161.87 feet to a 5/8" iron pin; thence North 50° 12'38" West, 84.10 feet to said North line of said tract described in Volume 182, Page 379 of said Deed Records, being the Point of Beginning, containing 2.35 acres, more or less. March 10, 2014 R E6ISTER ED pROFESSION~L LAND SURVEYOR C, OREGON JULY ;a, 1UW MART M. OSMUS No. 2464 I° me !7. -7 t - t 4 7- c EXHIBIT `B` (Ashland TL400 to Miller TL100; and Ashland TL800 to Miller TL400 and 500) Order No. 0B02095 GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Un-patented mining claims whether or not shown by the public records. SPECIAL EXCEPTIONS 9. Regulations, including levies, assessments, water'and irrigation rights and easements for ditches and canals of the Talent Irrigation District, for which no search has been made. 10. An easement created by instrument, including the terms and provisions thereof, Recorded March 19, 1912 Volume: 94 Page: 260 In Favor Of The Klamath Power Company 11. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1912 Volume: 94 Page: 205 In Favor Of The Klamath Power Company, corporation 12. An easement created by instrument, including the terms and provisions thereof, Recorded April 23, 1914 Volume: 104 Page: 477 In Favor Of The Klamath Power Company, a corporation 13. An easement created by instrument, including the terms and provisions thereof, Recorded : December 29, 1915 Volume: 110 Pager 396 14. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1923 Volume: 134 Page: 561 In Favor Of : Talent Irrigation District 15. An easement created by instrument, including the terns and provisions thereof, Recorded October 11, 1927 Volume: 167 Page: 501 In Favor Of : California Oregon Power Company For : Transmission and distribution of electricity (Exact location not given) 16. Agreement, including the terms and provisions thereof, by and between James Miller, Charlene Miller and the City of Ashland, recorded January 17, 2013 as Document No. 2013-001900, in the Official Records of Jackson County, Oregon. 17. Any adverse claim based on the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by a change in the location of Emigrant Creek. 18. Lack of right of access to and from said land. The within described property does not appear of record to have access to a public street or way. 19. The description herein may be subject to the provisions of ORS 92.010 - 92.190 regarding partitioning of property. Jackson County Official Records 2014-006715 R-WD - 03/24t2014 01:10:03 PM On-1 MORGANSS $15.00$10.00$8.00$11.00$20.00 Total:$64.00 Until a change is requested, IIIIINI IIIiI IIIIIIIII II I I IIIII IIIII III II III all tax statements shall be sent to: 01618507201400067150030031 James C. Miller and Charlene M. Miller Ch i.nne Walker. County Clerk for Jackson ceuncr, Oregon, c.rnuy k r 975 Dead Indian Memorial Road f .COfa~...ds' Chh n,r~mrristinstine.ahWaalk lk `er - - record Cooun unty ty neClerk rk Ashland, OR 97520 After recording return to: James C. Miller and Charlene M. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 STATUTORY WARRANTY DEED City of Ashland, Grantor, conveys to James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 0.1/21/03, each as to an undivided 50% interest, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibits "A"and "B", herein attached and incorporated. [City TL 800 to Miller TL 4001 The true consideration for this conveyance is approximately $7,927.00 per acre and in exchange of other real property herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424; OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND.REGULATIONS: BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT ORPARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO.VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 50.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING. PROPERTY OWNERS, IF ANY, UNDER ORS 195300,195.301 AND 195.305 TO 195336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 0,,1` DATED, this ' _~(+T day of March, 2014 GRANTOR ;l (t ~6zsti -L a ~hn 5tromberg STATE OF OREGONt ) ss. County of Jackson ) The foregoing instrument was acknowledged before me thisAday of March, 2014 by John Stromberg, Mayor, City of Ashland, Grantor. OFFICIAL SEAL %N0 ry Public for Oregon _ KRI$TINE BECWTOLD r ><1 r.~ NOTARY PUBLIC-OREGON' My commission expires. CONfMISSION N0. 463852 MY COMMISSION EAPIRES ROVEldBER 2T, 2015 i 1 EXHIBIT `.A' PORTION OF 39 2E 07, TAX LOT 800 (CITY Of ASHLAND) TO 39 2E 07, TAX LOT 400 (MILLER) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, being a portion of that certain property described in Volume 217, Page 321, Deed Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Northwest Corner of Government Lot 9 in Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence along the. North line of said Government Lot 9, South 89° 57'38" East, 680.56 feet to the Southwest comer of Government Lot 5; thence along the West Line of Government Lot 5, North 0° 11' 51" East, 73.37 feet to the Northwest corner thereof, thence along the North Line of said Lot 5, South 89° 47' 06" East, 202.65 feet to a 5/8" iron pin, being the Point of Beginning; thence, continuing along said North line, South 89° 47'06" East, 103.02 feet to a 5/8" iron pin, thence, leaving said North line, South 420 20' 35" East, 98.06 feet to the South line of said Government Lot 5; thence along said South line, North 89° 57'38" West, 66.05 feet to a 5/8" iron pin; thence North 610 09' 37" West, 50.93 feet to a 5/8" iron pin; thence North 500 31' 15" West, 75.79 feet to the Point of Beginning, containing 0.38 acres more or less. EGIST ERED March 10, 2014 FPR; FESSIONAL lUD. SURVEYJR; h.. L OREGON JULY z6, 1900 STUAFfT M. OSMU5 No. 2464 expwas /L -3t-[Y Y. EXHIBIT B` (Ashland TL400 to Miller TL100; and Ashland TL800 to Miller TL400 and 500) Order No. OB02095 GENERAL EXCEPTIONS 1.. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Un-patented mining claims whether or not shown by the public records. SPECUL EXCEPTIONS 9. Regulations, including, levies, assessments, water and irrigation rights and easements for ditches and canals of the Talent Irrigation District, for which no search has been made. 10. An easement created by instrument, including the terms and provisions thereof, Recorded March 19, 1912 Volume: 94 Page: 260 In Favor Of The Klamath Power Company 11. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1912 Volume: 94 Page: 205 In Favor Of The Klamath Power Company, corporation 12. An easement created by instrument, including the terns and provisions thereof Recorded April 23, 1914 Volume: 104 Page: 477 In Favor Of The Klamath Power Company, a corporation 13. An easement created by instrument, including the terns and provisions thereof, Recorded December 29, 1915 Volume: 110 Page: 396 14. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1923 Volume: 134 Page:. 561 In Favor Of: Talent Irrigation District 15. An easement created by instrument, including the terms and provisions thereof, Recorded October 11, 1927 Volume: 167 Page: 501 In Favor Of: California Oregon Power Company For : Transmission and distribution of electricity (Exact location.not given) 16. Agreement, including the terms and provisions thereof, by and between James Miller, Charlene Miller and the City of Ashland, recorded January 17, 2013 as Document No. 2013-001900, in the Official Records of Jackson County, Oregon. 17. Any adverse claim based on the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by a change in the location of Emigrant Creek. 18. Lack of right of access to and from said land. The within described property does not appear of record to have access to a public street or way. 19. The description herein may be subject to the provisions of ORS 92.010 - 92.190 regarding partitioning of property. Jackson County Official Records 2014-006716 R-WD Cnt=1 h70RGANSS 0312412014 01:10:03 PM $15.00$10.00$8.010511.00$20.00 Total:$64.00 Until a change is requested, all tax statements shall be sent to: I VIII I I 1 ~IIIIII(I II II III IIII I I III ~II James C. Miller and, Charlene M. Miller 01 61 8 50 92 01 4 0 00671600301 t, Christina Walker, County Clark for Jackson County, Oregon, cartiry 975 Dead Indian Memorial Road that the Instrument laentlned herein was recorded in the clerk orda. Ashland, OR 97520 ChristineWalker -CountyClerk After recording return to: James C. Miller and Charlene M. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 STATUTORY WARRANTY DEED City of Ashland, Grantor, conveys to James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each as to an undivided 50% interest, Grantee, the following described real property,free of encumbrances except as specifically set forth herein: See Exhibits "A", "B", herein attached and incorporated. [City TL 300 to Miller TL 500] The true consideration for this conveyance is approximately $7,927.00 per acre and in exchange of other real property herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300' 195.301 AND 195305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195300, 195.301 AND 195505 TO 195336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 555, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER S, OREGON LAWS 2010. DATED, this. day of March, 2014 GRANTOR JglurXSlromberg STATE OF OREGON ) ss. , County of Jackson The foregoing instrument was acknowledged before me thiJ I klday of March, 2014 by John Stromberg, Mayor, City of Ashland, Grantor. << r J Not ry Public for Oregon OFFICIAL SEAL N ~7 ' 6 KRIBTINE BECHTOLD My commission expires: fT.G I NOTARY 2UBLIC-OREGON COMMISSION N0. 463852 IAY COMMISSION EXPIRES NDVEAIBER 27, 2015 1 EXI-IIBIT `A' PORTION OF 39 2E 07, TAX LOT 800 (CITY OF ASHLAND) TO 39 2E 07, TAX LOT 500 (MILLER) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, being a portion of that certain property described in Volume 217, Page 321, Deed Records, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Northwest Corner of Government Lot 9 in Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence along the North line of said Government Lot 9, South 89° 57'38" East, 680.56 feet to the Southwest corner of Government Lot 5 in said Section 7; thence along the South Line of said Government Lot 5, South 89° 57' 38" East, 305.93 feet to a 5/8" iron pin, being the Point of Beginning; thence, continuing along said South line of Government Lot 5, South 89° 57'38" East, 66.05 feet to the Northeasterly line of said property described in Volume 217, Page 321 of said Deed Records; thence, along said Northeasterly line, South 42° 20'35" East, 32.98 feet to A 5/8" iron pin; thence, leaving said Northeasterly line, North 74° 32'03" West, 91.58 feet to the Point of Beginning, containing 0.02 acres more or less. ALSO: Commencing at the Northwest Comer of Government Lot 9 in Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence along the North line of said Government Lot 9, South 890 57'38" East, 680.56 feet to the Southwest comer of Government Lot 5 in said Section 7; thence along the South Line of said Government Lot 5, South 89° 57' 38" East, 305.93 feet to a 5/8" iron pin; thence, continuing along said South line of Government Lot 5, South 89° 57' 38" East, 99.04 feet to the Northeasterly line of said property described in Volume 217, Page 321 of said Deed Records; thence, along said Northeasterly line, South 42° 22'30" East, 49.49 feet to a 5/8" iron pin; being the Point of Beginning; thence, continuing along said Northeasterly line, South 42° 22' 30" East, 346.94 feet to a 5/8" iron pin; thence, continuing along said Northeasterly line, South 10° 37'22" East, 111.26 feet to a 518" iron pin; thence, leaving said Northeasterly line, 428.27 feet along the arc of a non-tangent curve which is concave to the southwest, having a radius of 869.40 feet, a central angle of 28° 13' 28" and a long chord which bears North 51° 06'36" West, 423.96 feet to the Point of Beginning, containing 0.18 acres more or less. fiEC~15T ERED PROFESSIONAL LAND. SURVEYOR March 10, 2014 A_ •C O R E G O N JULY 25. low STUART M. OSMUS No. 2484 L-3 -i K EXHIBIT `B` (Ashland TL400 to Miller TL100; and Ashland TL800 to Miller TL400 and 500) Order No. OB02095 GENERAL EXCEPTIONS I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records- 6. Un-patented mining claims whether or not shown by the public records. SPECIAL EXCEPTIONS 9. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of the Talent Irrigation District, for which no search has been made. 10. An easement created by instrument, including the terms and provisions thereof, Recorded March 19, 1912 Volume: 94 Page: 260 In Favor Of The Klamath Power Company H. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1912 Volume: 94 Page: 205 In Favor Of The Klamath Power Company, corporation 12. An easement created by instrumen% including the terms and provisions thereof, Recorded April 23, 1914 Volume: 104 Page: 477 In Favor Of The Klamath Power Company, a corporation 13. An easement created by instrument, including the terms and provisions thereof, Recorded December 29, 1915 Volume: 110 Page: 396 14. An easement created by instrument, including the terms and provisions thereof, Recorded March 15, 1923 Volume: 134 Page: 561 In Favor Of : Talent Irrigation District 15. An easement created by instrument, including the terms and provisions thereof, Recorded October 11, 1927 Volume: 167 Page: 501 In Favor Of: California Oregon Power Company For : Transmission and distribution of electricity (Exact location not given) 16. Agreement, including. the terms and provisions thereof, by and between James Miller, Charlene Miller and the City of Ashland, recorded January 17, 2013 as Document No. 2013-001900, in the Official Records of Jackson County, Oregon. 17. Any adverse claim based on the'assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by a change in the location of Emigrant Creek. 18. Lack of right of access to and from said land. The within described property does not appear of record to have access to a public street or way. 19. The description herein may be subject to the provisions of ORS 92.010 - 92.190 regarding partitioning of property.. e I Jackson CountyOfflcial Records 2014-006719 R-LLA 03/24/2014 01:10:03 PM Cnl=1 MORGANSS S15.00$10.00$8.00$11.00S20.00 Total:$64.00 all tax statements shall be sent to: Untila requested, IIIIIIII I ~IIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIII James C. Miller and Charlene M. Miller 975 Dead Indian Memorial Road 01618512201400067190030036 Ashland, OR 97520 I,ChrlstlneWA.,County Cl.NWJaeks..000nty,OreOOn,certlry that the hrtrument IdentPled herein wa recorded in the CIBk records. Christine Walker -County Clerk After recording return to: James C. Miller and Charlene M. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 PROPERTY LINE ADJUSTMENT JACKSON COUNTY FILE NUMBER: SUB 2012-00069; 5-4L8 LOi3-00ca17 STATUTORY BARGAIN AND SALE DEED James C. Miller, III as trustee of the. James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01121103, each with anundivided 50% interest, Grantor, conveys to James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 0121/03; each to an undivided 50% interest, Grantee, the following described real property: See Exhibit "A°, herein attached and incorporated. [Adjusted Miller TL100] The true consideration for this conveyance is for value and herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195500, 195.301 AND 195505 TO 195:336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007; SECTIONS 2 TO 9 AND 17,.CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,'195.301 AND 195305 TO 195336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED, this v day of March, 2014 GRANTOR GRANTOR a es C. Miller Charlene M. Miller + I / ✓ STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this 7 day fo March, 2014 by James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/03 ` ✓7 R-. Notary Public for Oregon C. My commission expires: ~lf/J STATE OF OREGON ) 4 ss. County of Jackson ~ The foregoing instrument was acknowledged before me this~A'day of Tvlazch, 2014 by Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 0121/03. + - Notary Public for Oregon OFFICIAL SEAL +y. pi rC.l KRISTINE BECHTCLO My commission expires: t NOTARY PUBLIC-ORcGON COMMISSION NO. 463852 IIY COMMISSION EXPIRES NOVEM2EP. 27, ?015 EXHIBIT `A' ADJUSTED 39 IE 12, TAX LOT 100 (MILLER) A tract or parcel of land located in the Northwest Quarter, the Northeast Quarter and the Southeast Quarter of Section 12, Township 39 South, Range 1 East, and the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Northeast Corner of Section 12, Township 39 South, Range 1 East of said Willamette Meridian; thence South, 804.84 feet; thence West, 84.93 feet to a 5/8" iron pin, thence South 48° 24'48" West, 607.76 feet; thence South 20° 41' 13" West, 78.38 feet to the Point of Beginning; thence South 73° 19'00" East, 56.10 feet to a 518" iron pin; thence South 13° 58'48" West, 355.67 feet to a 5/8" iron pin; thence South 78° 13'24" East, 108.80 feet to a 5/8" iron pin; thence South 09° 42' 54" East, 691.36 feet to a 5/8" iron pin; thence South 04° 18'39" East, 213.94 feet to a 5/8" iron pin; thence South 23° 56'30" East, 411.92 feet to the easterly line of Parcel 2, Partition Plat No. P-122-1991 of the Plat Records of Jackson County, Oregon; thence along the boundary of said Parcel 2, South 28° 15' 00" East, 91.43 feet; thence South 53° 30'00" East, 258.00 feet; thence North 74° 10'00" East, 43.90 feet; thence South 40° 35'00" West, 349.73 feet; thence South 120 00' 00" East, 203.99 feet to a 518" iron pin; thence, leaving said easterly line of Parcel 2, South 73° 22'57" West, 161.18 feet to a 5/8" iron pin; thence South 600 02'06" West, 354.95 feet to a 5/8" iron pin; thence North 83° 25'3911 West, 31.94 feet to the East line of tract described in Volume 182, Page 379, Deed Records, Jackson County, Oregon; thence along said East line, North 0° 13' 19" East, 83.44 feet to a 5/8" iron pin; thence North 81 ° 31'05" West, 172.81 feet to a 5/8" iron pin; thence North 67° 37' 29" West, 81.92 feet to a 5/8" iron pin; thence North 54° 47'28" West, 86.23 feet to a 5/8" iron pin; thence North 43° 27'39" West, 148.59 feet to a 5/8" iron pin; thence North 85° 03' 43" West, 161.87 feet to a 5/8" iron pin; thence North 50° 12'38" West, 84.10 feet to the North line of said tract described in Volume 182, Page 379 of said Deed Records; thence along said North line, North 899 57'38" West, 120.69 feet to the East line of Government Lot 6 in said Section 12, Township 39 South, Range I East, thence along said East line, North 0° 13' 19" East, 348 feet more or less to a point which is 500.00 feet South of the Northeast Comer of said Lot 6; thence North 340 50'35" West, 609.22 feet more or less to a point which is West, 350.00 feet from said Northeast Corner of said Lot 6; thence along the North line of said Lot 6 and the North line of Government Lot 7 in said Section 12, West, 1,487 feet more or less to the easterly right of way line of Dead Indian Memorial Road (County Road); thence Northeasterly 147 feet more or less along said easterly right of way line to a point which is South 85° 38' 10" West, 280.00 feet from a 1/2" iron pipe; thence North 85° 38' 10" East, 280.00 feet to a 1/2" iron pipe; thence North 66° 05' 25" East, 262.38 feet to a 1. inch iron pipe; thence North 51 ° 08' 10" East, 465.60 feet to a 518" iron pin; thence North 63° 02'40" West, 269.29 feet to a 518" iron pin; thence along the southeasterly boundary of the tract described in Document No. 02- 54060, Official Records, Jackson County, Oregon, North 17° 02'00" East, 123.37 feet to a 5/8" iron pin; thence North 29° 13'20" East, 118.46 feet to a 5/8" iron pin; thence North 36° 50' 50" East, 169.24 feet to a 5/8" iron pin; thence North 57° 14' 20" West, 192.44 feet to the southeasterly right of way line of said Dead Indian Memorial Road; thence along said right of way line, North 34° 48'40" East, 643.05 feet to a 5/8" iron pin; thence leaving said right of way, South 28° 06' 30" East, 463.77 feet to a 5/8" iron pin; thence South 28° 39' 20" East, 272.57 feet to a 5/8" iron pin; thence North 73°. 24' 50" East, 352.16 feet to a 518" iron pin; thence South 19° 57' 10" East, 360.53 feet to a 5/8" iron pin; thence South 78° 12' 12" East, 159.38 feet to a 5/8" iron pin; thence North 63° 50' 13" East, 271.09 feet to a 5/8" iron pin; thence North 15° 00' 23" East, 256.17 feet to a 5/8" iron pin; thence South 88° 16' 55" East, 140.52 feet; thence North 33° 35' 20" East, 145.60 feet to a 5/8" iron pin; thence North 20° 41' 13" East, 120.68 feet to the Point of Beginning, containing 84.15 acres more or less. EXCEPTING THEREFROM: Parcel 1 of Partition Plat No. P-122-1991 of the Plat Records of Jackson County, Oregon, filed December 2, 1991, Index Volume 2, Page 122. March 10, 2014 REGISTERED [FROFESSIONAL LAND SURVEYOR A.~ OREG0N _ JULY :6, 16W 5TUART M. OSMUS No. 2464 E~.y L-31-1`t ' Jackson County Official Records 2014-006720 R-LLA Cnt=l MORGANSS 03/2 41201 4 01:10:03 PM Cnl S1o.0o S10.oo S8.00S11.00S20.00 Total:$59.I00 Until a change is requested, les tax statements shall C. Miller and Charlene Jam M. Miller II~IIIII I ~III~II~II~IIIIII II IIIIIIIIIIIIIIIII lII 26 975 Dead Indian Memorial Road 016185132014000672000201 Ashland, OR 97520 I, Christine Walker, Counry Clerk tar Jackson County, Oregon, certlry that the Instrument Identlfled herein was recorded in the Clerk After recording return to: records. Chnstine Walker-County Clerk James .Miller and Charlene M. Miller _ _ 975 Dead Indian Memorial Road Ashland, OR 97520 PROPERTY LINE ADJUSTMENT JACKSON COUNTY FILE NUMBER: SUB 2012-00069`5L43 'b0 F- • 50009 STATUTORY BARGAIN AND SALE DEED James C. Miller, III as trustee of the James C. Miller Trust. dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each with an undivided 50% interest; Grantor, conveys to James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each to an undivided 50% interest, Grantee, the following described real property:, See Exhibit "B", herein attached and incorporated. [Adjusted Miller TL400] The true consideration for this conveyance is for value and herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195300, 195301 AND 195305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON. LAWS 2009, AND SECTIONS 2 TO 7, C14APTER.8, OREGON LAWS 2010. DATED, this,. L -day of March, 2014 GRANTOR GRANTOR '?r' mil' y r C-OF mes/C: Miller Charlene M. Miller STATOREGON ) ss. County of Jackson ) /J~ The foregoing instrument was acknowledged before me this«'[ day of March, 2014 by James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/03 Noi ry Public for Oregon? STATE OF OREGON ) My commission expires: q 1 'cC• ss. County of Jackson- The foregoing instrument was acknowledged before me this, day'oCMarch, 2014 by Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03. >zr Notary Public for Oregon r es J/ ~7"~~ J ;Ji My commission expirL1 =A W4 1'uT ~V~ 1 EXHIBIT `B' ADJUSTED 39 2E 07, TAX LOT 400 (MILLER) A tract or parcel of land located in the Southeast Quarter of Section 12, Township 39 South, Range 1 East, and the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Northwest Corner of Section 7, Township 39 South, Range 2 East of said Willamette Meridian; thence South, 1343.60 feet; thence East, 178.85 feet; thence South 33° 10' West, 101.09 feet; thence South 8° 07' East, 183.21 feet; thence South 9° 11' West, 157.17 feet; thence South 17° 54' East, 338.00 feet; thence South 21° 15' East, 185.00 feet; thence South 27° 49' East, 424.42 feet; thence South 27° 47' West, 190.43 feet; thence South 40° 35' West, 818.0 feet to the Point of Beginning; thence North 40° 35' East, 818.00 feet; thence North 27° 47' East, 160 feet more or less, to intersect a line that is 50 feet southwesterly when measured at right angles to the westerly right of way of the Talent Irrigation District canal; thence southeasterly along said line (50 feet from at right angle to and parallel with the westerly right of way of said canal) 2,308 feet more or less to the South line of the Northeast Quarter of the Southwest Quarter of said Section 7; thence North 89° 47' 06" West, along said South line, 696 feet more or less to the Northeast Comer of Government Lot 5 of said Section 7; thence along the East line of said Government Lot 5, South 0° 13' 26" West, 71.37 feet to the Southeast comer thereof, thence along the South line of said Government Lot 5, North 89° 57'38" West, 324.52 feet to a 518" iron pin; thence, leaving said South line, North 61° 09' 37" West, 50.93 feet to a 5/8" iron pin; thence North 50° 31' 15" West, 75.79 feet to the North line of said Government Lot 5; thence along said North line, North 89° 47' 06" West, 116.51 feet; thence, leaving said North line, North 31° 07' 09" West, 77.58 feet to a 5/8" iron pin; thence North 20° 16' 41" West, 81.60 feet to a 5/8" iron pin; thence North 60° 38' 18" West, 315.45 feet to a 5/8" iron pin; thence South 86° 34'46" West, 204.08 feet to a 518" iron pin; thence North 77° 34'20" West, 62.44 feet to a 5/8" iron pin; thence North 48° 12'43" West, 106.82 feet to a 5/8" iron pin; thence South 82° 55'40" West, 158.67 feet to a point which bears South 12° 00'00" East from the Point of Beginning; thence North 12° 00'00" West, 203.99 feet to the Point of Beginning, containing 22.14 acres more or less. R r GI STER,ED PROFESSIONAL LAND SURVEYOR March 10, 2014 L- OREGON JULY zc.. 1 GO* STUART M. OSMUS No. 2464 a.p4ao 12-1~-l4 J Jackson County Official Records 2014-006721 R-LLA 0 3/24/201 4 01:10:03 PM CrI MORGANSS S10.00$10.00S8.00$11.00$20.oo Total:$59.00 tJlll a Caemefed, all tax statements ts shall be sent to: - James C. Miller and Charlene M. Miller a I IIIII IIIIIIIIIIIII II III IIIIIIIIIIIII III 975 Dead Indian Memorial Road 01618514201400067210020, Ashland, OR 97520 I, chrl.ti~e Welke, county clerk tar J.tk.on County, orepon, e.rnry that the Inatrnment Idenllned herein was recorded In the Clerk record' After recordin Christine Walker - County Clerk g rettirn to: James C. Miller and Charlene M. Miller - 975 Dead Indian Memorial Road Ashland, OR 97520 PROPERTY LINE ADJUSTMENT JACKSON COUNTY RILE NUMBER: SUB 2012-00069' Sig 2013- n©occ-{ STATUTORY BARGAIN AND SALE DEED James C. Miller, IT] as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01121103, each with an undivided 50% interest, Grantor, conveys to James C.. Miller, III as trustee of the James C. Miller Trust dated 12/19/02 and Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03, each to an undivided 50% interest, Grantee, the following described real property: See Exhibit "C", herein attached and incorporated. [Adjusted Miller TL500) The true consideration for this conveyance is for value and herein acknowledged as satisfactory. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS; IF ANY, UNDER ORS 195.300, 195.301 AND 195305 TO 195336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON' LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010_ THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED M 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON. LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30:930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195300,195301 AND 195.305 TO 195.336 AND SECTIONS 5 TO I ],.CHAPTER424, OREGON LAWS 2007, SECTIONS 2 TO9 AND 17, CHAPTER 555, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER S, OREGON. LAWS 2010. DATED, this., y' day of March, 2014 GRANTOR GRANTOR l ~~lsn L~i1 L[ il J m s C. Miller f / fr ~>hIr Charlene M. Miller j' STATE OF OREGON ss. County of Jackson ) if ~yC_ The foregoing instrument was acknowledged before me this_-,I_L day of March, 2014 by James C. Miller, III as trustee of the James C. Miller Trust dated 12/19/03 Notary Public for Oregon /J Mycommission expires: STATE OF OREGON ) ss. County of Jackson i The foregoing instrument was acknowledged before me thisi~ day of Marche 2014 by Charlene M. Miller as trustee of the Charlene M. Miller Trust dated 01/21/03. Notary Public for Oregon ~7 OFFICIAL SEAL My commission expires: / xiJ/r.5 KRISTINE BECHTOLD N OTAP,Y'PUBL IC-OREGON ~a', COMMISSION N0. 463852 hIY COMMISSION EXPIRES NOVEMBER 27, 2015 EXHIBIT `C' ADJUSTED 39 2E 07, TAX LOT 500 (MILLER) A tract or parcel of land located in the Southwest Quarter of Section 7, Township 39 South, Range 2 East, of the Willamette Base and Meridian, Jackson County, Oregon, and being more particularly described as follows: Commencing at the Southwest Corner of Government Lot 5 in Section 7,. Township 39 South, Range 2 East of said Willamette Meridian; thence along the South line of said Lot 5, South 89° 57'38" East, 305.93 feet to a 5/8" iron pin, being the Point of Beginning; thence continuing along said South line, South 891 57'38" East, 324.52 feet to the West line of the Southeast Quarter of the Southwest Quarter of said Section 7; thence along said West line, South 0° 13'26" West, 143.63 feet to the northeasterly line of tract described in Volume 217, Page 321, Deed Records, Jackson County, Oregon; thence along said northeasterly line, South 63° 07'41" East (record is South 63° 30' East), 82.72 feet to a 5/8" iron pin; thence, continuing along said northeasterly line, South 10° 37'22" East (record is South 11° 00' East), 111.26 feet to a 5/8" iron pin; thence, leaving said northeasterly line, 428.27 feet along the are of a non-tangent curve which is concave to the Southwest, having a radius of 869.40 feet, a central angle of 28° 13' 28" and a long chord which bears North 51° 06'36" West, 423.96 feet to a 518" iron pin; thence North 74° 32'03" West, 91.58 feet to the Point of Beginning, containing 0.66 acres more or less. March 10, 2014 REGI STE R.ED PROFESSIONAL LAND SURVEYOR LOREGON 'VLY ]E. 1"C'~ STUART M. OSMUS No. 2464 r. CITY OF ASHLAND LEGAL DEPARTMENT David H. Lohman, City Attorney Douglas M. McGeary, Asst City Attorney Kris Bechtold, Paralegal June 27, 2014 Mr. & Mrs. James C. Miller 975 Dead Indian Memorial Road Ashland, OR 97520 Re: Statutory Warranty Deeds - Property Line Adjustments Dear Mr. & Mrs. Miller: For your records, please find enclosed the following original recorded Statutory Warranty Deeds conveying City of Ashland property to the Miller Trusts: 1. Statutory Warranty Deed [City TL400 to Miller TL100]; 2. Statutory Warranty Deed [City TL800 to Miller TL400]; 3. Statutory Warranty Deed [City TL800 to Miller TL500]; 4. Property Line Adjustment [Adjusted Miller TL100]; 5. Property Line Adjustment [Adjusted Miller TL400]; 6. Property Line Adjustment [Adjusted Miller TL500]. In addition, I am providing copies of the recorded Statutory Warranty Deeds conveying Miller Trust property to the City of Ashland: 1. Statutory Warranty Deed [Miller-TL400 to City TL400]; 2. Statutory Warranty Deed [Miller-TL400 to City TL800]; 3. Property Line Adjustment (Adjusted City TL400]; 4. Easement for Livestock Access and Agreement. Also enclosed is a copy of the Property Line Adjustment Survey Map for your records. I thank you for your courtesies throughout the adjustment of these properties. Should you have any questions, feel free to contact my office. s truly, C ~D uyol c eary ASt. City tt omey Enc o es LEGAL DEPARTMENT Tel: 541-488-5350 david.lohman@ashland.or.us - 20 East Main Street Fax: 541-552-2092 legalcontractor@ashland.or.us Ashland, Oregon 97520 TTY: 800-735-2900 bechtoldk@ashland.or.us <;1W : Voss-COnsumn tommi ,