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HomeMy WebLinkAbout2024-040 Bargain and Sale Deed - Falling Acorn Estates Homeowners Association, Inc.Jackson County Official Records 2024_010298 R-BSCnt=1 SIMPSOHP 05/29/202412:37:39 PM nt $25.00$10.00$13.00$11.00$60.00 Total:$119.00 Until a change is requested, all tax statements shall be sent to: City of Ashland 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 nlll7211240l 0500 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the Instrument identified herein was recorded In the Clerk records. Christine Walker - County Clerk STATUTORY BARGAIN AND SALE DEED Falling Acorn Estates Homeowners Association, Inc., an Oregon non-profit corporation, Grantor, conveys to City of Ashland, Grantee, the following described real property subject to the covenants, conditions and restrictions set forth in the "Agreement to Convey Real Property Subject to Covenants, Conditions and Restrictions" attached as Exhibit "A", hereto: THE COMMON PROPERTY, AS DEPICTED ON THE OFFICIAL PLAT FOR FALLING ACORN ESTATES PLANNED COMMUNITY RECORDED APRIL 1, 20119 IN VOLUME 37, PAGE 1, PLAT RECORDS OF JACKSON COUNTY, OREGON The true consideration for this conveyance stated in terms of dollars is the sum of $2,500, paid by Grantor to Grantee. 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, CHAPTER 8, OREGON LAWS 2010. DATED, this 15' day of April, 2024 GRANTOR: Falling Acorn Estates Homeowners Association, Inc. By: Allen Drescher, President STATE OF OREGON ) County of Jackson ) ss CITY ACCEPTANCE (ORS 93.808). CITY OF ASHLAND, GRANTEE By JC16�0- Sabrina Cotta, City Manager The foregoing instrument was acknowledged before me this 15th day of April, by Allen Drescher, President of Falling Acorn Estates Homeowners Association, Inc., an Oregon non-profit corporation, on behalf of the corporation, and by Sabrina Cotta, City Manager of the City of Ashland, Oregon. OFFICIAL STAMP DANA SMITH NOTARY PUBLIC-OREGON COMMISSION NO. 1006013 All' COMMISSION EXPIRES NOVEMBER 11, 2024 Notary Public for Oregon 1 My commission expires: ) I 1 L Recording Requested By and Return Recorded Document To: City of Ashland City Recorder's Office 20 East Main Street Ashland, Oregon 97520 AGREEMENT TO CONVEY REAL PROPERTY SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS The parties to this agreement are Falling Acorn Estates Homeowners Association, an Oregon Non-profit Corporation, hereafter referred to as "Grantor;" and City ofAshland, an Oregon Municipal Corporation, hereafter referred to as "Grantee." In consideration of the obligations and agreements set forth hereafter, the parties agree as follows: 1. Grantor agrees to convey to Grantee the following described real property situated in the City of Ashland, Oregon, subject to the covenants, conditions and restrictions set forth hereafter. 2. Grantee agrees to accept the foregoing conveyance subject to the covenants, conditions and restrictions set forth hereafter. 3. The real property to be conveyed by Grantor to Grantee is described as follows and hereafter referred to as the "Property": THE COMMON PROPERTY, AS DEPICTED ON THE OFFICIAL PLAT FOR FALLING ACORN ESTATES PLANNED COMMUNITY RECORDED APRIL 1, 2011, IN VOLUME 37, PAGE 1, PLAT RECORDS OF JACKSON COUNTY, OREGON 4. At the time of conveyance of the Property, Grantor shall remit to Grantee the sum of Two Thousand, Five Hundred Dollars ($2,500.00). 5. The foregoing conveyance shall be by a statutory bargain and sale deed. Grantor shall pay the recording fee for the recordation of the deed. 6. Each of the lots in Falling Acorn Estates, a Planned Community, shall retain and have, after the foregoing conveyance, the development rights and permissible building envelope that existed prior to the foregoing conveyance. 7. After the foregoing conveyance, and subject to Oregon Constitution Art XI. Page 113 OQ Section 5, and City Charter. ART IX. Section 5 should the Grantee fail to appropriate sufficient monies to perform under this agreement in any fiscal period, Grantee shall maintain the Property in a safe and orderly condition as property of Grantee in perpetuity, and the Grantee will not convey the Property or any part thereof to any other party. 8. Grantee will not permit any improvement to be constructed or installed on the Property. 9. The original or a copy of this fully signed agreement will be attached to the deed conveying the Property from Grantor to Grantee. Dated: This Xrday of 1A .52024. GRANTOR: FALLING ACORN ESTATES HOMEOWNERS ASSOCIATION an Oregon Non-profit Corporation by: Allen Drescher, President by: Kevin McCffrtflyl Secretary STATE OF OREGON ) ) ss. County of Jackson ) GRANTEE: CITY OF ASHLAND, an Oregon MUNICIPAL CORPORATION by: Sabrina Cotta, Interim City Manager This instrument was acknowledged before me on this � S - day of , 2024 by GktQ_,q_,n Q /l.eo,e_ ^ , on behalf of said entity. or t-- OFFICIAL STAMP Notary Public for Oregon NOTARYDANA SMLICOREGON ITH My Commission Expires: j , �. ZUZ�'� COMMISSION NO. 1006013 MY COMMISSION EXPIRES NOVEMBER 11, M4 Page 213 3 STATE OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on this day of _ , 2024 by Q V ► n-. �-� , on behalf of said entity. OFFICIAL STAMP DANA SMITH NOTARY PUBLIC-OREGON COMMISSION NO. 1006013 M(Y COMMISSION EXPIRES NOVEM BER 11, 2024 STATE OF OREGON ) ) ss. County of Jackson ) Notary Public for Oregon My Commission Expires: �, A This instrument was acknowledged before me on this 2� 01� day of cia . d'-,6t,, 2024 by Interim City Manager Sabrina Cotta, on behalf of said entity. mac; YJ2, n OFFICIAL STAMP otary Public for Oregon DANA SMITH M Commission Expires: NOTARY PUBLIC-OREGON y p COMMISSION NO. 1006013 1Y COMMISSION EXPIRES NOVEMIBER 11, 2024 Approved as to Form <:i)� Douglas M. McGeary Acting City Attorney Page 313 O DEPARTMENT III o F REVENUE [Oregon Revised Statutes (ORS) 311.411] Certification # 2024 - 30296009 JI charges have been paid for the real property that is the subject of conveyance between: ;rantor =ALLING ACORN ESTATES HOA, INC. grantee ; ITY OF ASHLAND iigned on (date) and for consideration of 1/15/2024 $ 2500.00 lssessor's signature - Date GLG(C 5/29/2024 ACCT#10995031 150-310-411 (Rev. 04-16) S