HomeMy WebLinkAboutDOC 1958-01556473 Vol. 588 Page..200.. ®
KNOW ALL MEN BY THESE PRESENTS, That.......9~.§.:!.gE.. ~0.~0KA.T~O~._.~ .............................
a ~rporation duly or~a~zed ~nd existin u r fie laws o~ the Stdte o~ ............ ~.~.~.8~.~. ................
~'};;2~-~-~ ............~-~-~i'~Y--0-~--x~-;--a---~-~'~ar~F-~s-~-~-~-~s-~-;---a~aa-F-~-~--i~w,---~'~ .....
has ~ained and sold, ~d by these presents does grant, b~ain, sell and convey unto the said ~r~tee....,
........................... ~j assigns, ~1 the foHowin~ re~ pro~rt7, with the tenements, ~ered~taments and
sppurten~s, situated in the County of .................. .~.~.~. ........................, ~d State of Oregon, bounded
~d described as tollows, to-wit:
From the southwest corner of Section 7 in Township 39, South of
Kauge 2, Ea~ of the Willamette Meridian, Oregon, measure East
1320 .... ' e~: Borth 660 feet to the place o£ beSinninS;
the southwest quarter of the southwest quarter of said Section 7;
thence West 4~0 feet; thence North 400 ~eet; thence East ~40 feet;
thence South ~00 fee~ to the place of be~inning, containin~ four
(~) acres, more or less.
To Have ~;~ [*~ BOld the above described and ~ranted premises unto the said ~rantee,,.., its
heirs and ,"i~: ~;;;~'~:'< ....................
"~.: ~ ~ ~::."' ............................................................................................
~: j'.~,s~'~':. ~ By ~ .............. 2...President
County d, ~.[~ ~f/ }.s. On tM. ~y of Dec~e, 1961
be~o,. =. .n~ ..........~,..(~,---(~'~'~. ............................: .........'ff ................:::::::::::::::::::::::::::::::::::::::::::::::::
~illtm A. Newborn
....................................................................................................................... both to me ~rsonaHy known, who beln~
duly sworn, did ~y that he t~ ~d ........... ~,~.,,~,~,..~ ................................................................................
is the ..................President, ~d he the s~d ..... ,~,~,l~..A~..~Yhq.~ ................................................................
is the.....~,8~,s,,~ .........Secretary o[ ..........~,~,~.~, ,~.9~,~!~B, ....................................................................
the witMn named Corporation, and tha~ the ~a] dflx~ to s~d instrument is the corporate se~ o[ s~d Cor-
poration, and that the said instrument was sign~ and ~aled in ~h~[ of s~d Corporation by authority o[
its Board of Directors, and .......... ~t..~._,~,~ ...................................................................................................
and Sale Deed
acknowledged said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, 1 have h to t my h and affixed my official
sea/the day and year last above written
I cert~t the within instru-
ment was received or record on the
day
at...._-.,~...=;~..~.~o'clock~M., and recorded LU
in book ....................~ ............
Record of Deeds of said County.
Witness my hand and sea/of "
County affixed.
....
...................... _
CERTIFICATION
The undersigned, LOUIS HOEFLE, the duly
elected, qualified and acting Secretary of THE GAS-
ICE CORPORATION, a Washington corporation, herewith
certifies that the attached is a true and complete
copy of the original Lease dated the second day of
January 19~2, by and between the CITY OF ASHLAND, a
Municipal corporation and GAS-ICE CORPORATION, a
Washington corporation.
~tw~n ~e C1~ o~ Ashl~d~ a ~te~pal oo~o?ation of ~e S~ate o~ ~egon,
desisted as Lessors ~d GAS ICE COR~O~TION, a ~a~in~ton oo~Tatlons
designated as Lessee, ~FIT~I~SBETH~
That the said Lessor, for and in consideration of Ten de!late
($10.O0)eash in ~d paid, receipt of which is hereby aekmlWledgsd~ and of
the solonants sad agroem~ents herelnafter contained on the part of LesSee
to be paid, kept end perfoxqued, have ~anted, dmnised, leased and let and
by those presents do g~ant, demise, lease and let unto said Lessee.tot the
mole purpose of n~Luing and operating fc~ carbon dioxide, ~Sm oil,
gases, and laying pipe lines, and bullcling tanks, power stations ~
struct~u~es thereon toproduoem save and take care of said productsmall t~at
certain tract of land situated in the County of Jackson, State of O~egon,
described as follenm, So-wits
Willemetic Meridian, in Sackmen County, Oregon| thence North ~9
5~ East along the ~ox~ line of Oover~nnent L~t Nine (9), a dist~e or
~79 feet, ~ cr less, ~ ~e $ou~est eome~ of Oovemnt Lot Five
(5), ~ said Seeti~ Seven (7) ~ence NoTth 72.6 feet ~ ~e Noahwest
eome~ of OCvement Lot Fi~ ~5)~ three North 89 deuces 50' East,
along said Nor~ line of Goremast Lot Five (5), a dis~ee of
feet~ thence ~outh ~ de~ees ~0' East 130,7 f~t2 ~enee South
deuces 30' East 3A~7 feet2 thence $ou~ llde~es 0' Esst 880 f~et~
thence Sou~ 22 deuces ~st 205 feet~ ~re cr less, ~o an interm~ti~n
~ the South line of said Secti~ Seven (7)~ thence West ~on[ ~e
South line of Section Seven (7), a diSt~ce of 1635 feet, mope Or less,
to ~e Sou~st Corner of said Section Seven (7)~ ~ce Nor~ alo~
the West line of said Bastion Seven (7)m a dis~ee of 78~.~ fee~e to
a Jut situted 7 Uins Sou~ of ~he point of ~g~ingJ ~ence ~estL~.
13~.4 feet ~ ~n ln~eection ~ ~e cut line of ~e N~a ~ellsEstate
in Section ~lve (13), T~ship Thick-nine (39) $ou~,
(1) East or ~e Will~ette )ieridiu, O~egonJ thence North ~e~
East line of the Wells Estate, 462 feet to the Nor~st co~er
~,mut Lot 2ight (8) ~ said Section Twelve (12) ~ence East
al~ tM Nov~ lim of ~vemnt Lot Si~t (8), xsAx. fee~ to ~e
Northwest oo~e~ of 0ove~ent Lot Nine (9) in SeeriOn Seven (7),
2ip ~rty-nine (39) Sou~ of R~ge 2 ~lst of ~e Will~ette
the point of begi~ing, con~ining ~6.7~ acres, more or less.
Subject to water and mineral ri~ts and eas~ents for ~hes, cu~s
ud reservoirs, res~ed ~ the United States pa~ents ~eco~ded
1, 188~, In vol~ 23 paee 328, ~d ~ ~la~h ~e 1908m ~ Vol~e ~ page
91. of the Deed ~eeo~ds of Jaeks~ Co.~ty, O~egon.
SubJec~ t;o easement for right of ray ~ feet ~e ~o~
~egon oo~ati~o ~ ins~nta ~eco~ded ~ Vol~e
Vol~ 9~ pa~o ~O~s and Vol~e 10~ p~e ~77, of
Subject to easement for right or rot pipe line to oaxu-y water
and for ol~e~ purposes, ~anted~o the Ci~ or Asked, a ~ct~l
oo~po~atione by inst~ent ~eoov~d J~y 16, 1 ~, in Voice 109 ~e
of t~ Deed Reoo~s
S~b~e~t tQ etasmear rot right of way rot electric owU line onlys
granted to the City of Ashland, a nmnisi al corporation, b~ instrument
recorded NOvember 26, 1927, in Volume 16~ page 339, of the Deed Records
of Jackson County, Oregon.
Subject to easement for right of way 50 feet wide for l~rigati~n
canal, and o~her purpeSes, ted to Talent Irrigation Dist~iet~ by
instmnt ~eeo~ded March 1,~1~23, in Volume 1~+3 page %~1 of the Deed
Records of Jack, on County, Oregon.
Subject to easment rot right of way for transmission and dlstPtbutton
of electricity, and for other purposes, granted to the C~lifcrnia Oregon
Power Company, a caltfomia cot ration, by instx~nent recorded October
11, 192T~ in Vol~nne 167 page ~Fof the Deed ~ecorde of ~ackson County,
Oregc~e
S~cJect to ~sel'vation for riva~ x~ad right of way as reserved by
Harx-y silver and ~esele M. Si~r, his wife, James S. Bailey and Henri-
e~ta Bailey, his wife, the grantors in Warranty Deed dated December 22,
~Hords of ~ac~on gon, ~ the ~toe is ~e P~
~e~C
~ine~al Sprigs Company, ~ esoA oo~atione
Be inning at the South~st comer of Donation Lang Claim~51,
own J zs-ip south,I s,t, wnl .tt. eridian, o gon, th.nce
~est ~50 feet more or leas to the Southwest colmar of Government Lot
#1 in SectiOn 12, Township 39 Southe R~nge 1 East~ thence North 568
feet2 thence East 767 feetJ thence South ~68 feet to the South line of
Donation L and Claim#51l thence West 317 feet, more or less, to ~
place of beginning, containing ten acres.
TO HAVE AND TO HOLD the same for a period of five yoa~s f~om and after
the date hereof and so long ~Jaereafter as carbon dioxide gas and/or oil or
other gases are p~oduced thereA'~om in commercial quantities,
In considex~aticm of the premises it is hereby mutually agreed as foll~wss
1. Lessee shall pay to Lessor its roportionate share of the
royalty ~fiich is based on One Dellar ($~eOO) per ton for each toner ~,000
po~u~ds of solid or liquid carbon dioxide gas ~hloh is sold b~ Lo~ from
its plant located on these premises, o~ px~nises in the vicinity ~ in o~
near the City of AShland, tt~ough ~hich Leslo~s carbon dioxide gas passes
for processing. To determine the Lessors ~oyalty, a test shall beads at
least ones a year or all the wells connected to LesSSees plant~ whether from
these p~emises or other lands in the producing area and by such tests, either
~y m.a=u~i~ ~bx-ou8~ a~ appA-cved t~rpe Of meter. orifice o~ volumetric. pi~e~
tuba ~eadings, o~ any approved test, co long as the same method of measure-
ments is used on each and every one of the wells connected to said plant, and
said tests shall be the basis on which to determine the percentage of ~oyalty
due Lessors for the tonnage sold by Lessee said pex-centage to be the ratio
of open flow of their wells as of the total flow of all the wells. The
royalty of One dollar (~1.00) per ton of 2OO(~ is based on the present price
Pg, 2.
of $50.OO per ton fop solid CO2. Should ~he price increase or decreases
the ~oyalty shall increase o~ decrease proportionately on a basis Of two
per cent (~%) of ~ sales price bu~ ~ never be less ~ seven-five
cents per ~, I~ Is ~oe~ ~ho ~es~ ~ be ~ ~do? a~l~
seneca for all we ls
~o L~a and ~a~l ~y ~nd ~1
area w~eh do ~ ~t affect ~e fl~ of ~e ~11 ~der tes~
closed ~ing ~ ~es~ ~o ~he end ~ha$ ~e ~ flow of
fairly sho~. ~e ~yalty pa~en~s s~ ~ based u~ the bona ~ sales
pries o~ered by ~ssee ~o fire or o~ers en~i~ly ~penden~Or Lessee
~d s~l no~ be based ~n a ~iee off~d ~y subsidi~ or
The sales ~iee s~l ~ F.O.B. AsCend ~d if odes ~
p~Ioe a~ ~ ~h~, All s~es a~i~e ado ~ b bash ~ flm
a ou fide
independent or LesSee and shall not be made to a holding eompan~, Subsidiary
or agent of Lessee.
2, It is expressly understood and a~ood ~hat the Lessor has :o~n-
steered, and now operate, and eont~plates ~e o~tInm~ ~ ~e operation
of a ~p~g plant on said praises
f~ a Spring on said p~isos, ~ge~r wi~ ~e gases contained ~ sa~d
water, is p~ped ~o~h a pi~
City of Ashlnd wMre sai~ water and the gases the~ are ~ed for .~ieipal
p~po ses,
And the Lessee covenants to and with the Lessor ~hat he will not
in anywigs ~hatsoover distub Or hinder, directly or L~di~eetly, the free
use and enJoTaent on the pa~t of the Lesso~ of its said Spring pumpin~ plant
or pipe line, or any replacement heFea:fter installed by LesSor, TO
against any diminishing supply of the City s water from its present spring
'said premises or to augment or incx~ase the present supply Lessee agrees
d or any
owned by Lessee on ~ho px~mises may flo~, an ~he C miy take
quanti~y of the mineral or Lithie Water n~urally produced fx~i Leaseo's
wells into said ~ese~voir, by ecrucoring their pipe line and/er pumping plant
to same.
Lessee a~rees to commanee work on the premises innediately or at
least Within 30 days after the date he~eo~, and will roecod di~igently to
ease and peck off if possible, the upper water in at ~east th~ee of the
present five wells heretofore drilled by the Lessee or his predecessors in
an eff~ to make ~han p~ofitable C02 gas Wlls end will plO~ the other
wells on said property if ~hey cannot be made to produce C gas in oo~norcia;
uantities thereby protecting the present water supply and making available
~om the properly equipped 002 gas wells a possible soux~e of a suppl of
water superior in quall~y and purity ~o ~he City's present supply, all of
~hioh wo~k is to be ~one solely at the expense of ~he Lessees
Lessee agrees to continue ~he work of developing 002 gas until*
there is sufficient available to JustiA~ the construction or a plant for
~he na~Cao~ure o~ solid oarben ~ioxide or Day lee, ~a~sao
Lessee eel to build
said plant at the earliest possible date miLlell mush wg~k is ~loal on
aceount of Geverrnent priorities, restrictions or o~her reasons be~nd the
control of Lessee,
3. FO~ all oil and/or gases o~her than C~bon Dioxide gas produced,
saved, used, or sold f~a ~he land of the ~ess~s, ~ Lessee ~all pay to
mrket pTice
said p=od~s
ase 3,
4, The Lessors hereby covenant tha~ they ape ~he
s~mple o~ the above dea~ibed praises ~ a~ee to def~d
X~ds here~ deSe~ibe~ ~d~ ~ the Lessee s~l ~ve ~ ri~t at
~y time to ~ede~ fo~ Lessors by paint
liens ~ ~e above described l~ds in tM event of~e depart ~ ~ent
by the LessorS, and ~ su~gated to the ri~s of
5. The Lessee shall not be required ~ aCC~Aut tO the Lessors for
or pay r~ alt7 oils ~m, o~ ~ ~oed ~y ~e ~essee ~ sa~d l~d
~ ~ d~lton 1 t t
d · ~ A~S ope~a~i~ ~~ ~ iay ~e ~ sill g~ ~d
~ato~ f~eo of eh~ ~vi~d~ hoover; ~t Less~ ~1 aeeo~t ~o ~
pay L~sso~s fo~ ~ oil, gas or ~te~ fm ~e wl~in pr~ises md ~ Leases
deee~i~ ~ses, ~ a~ ~ m~se ~s~able eL~ h ~e use
va~ ~o
6. At the expiration of the term of this lease or any sconeS.
termination thereofs the said Lessee will quit and surrender the In-,raises
7. Lessee shall pay all taxes on its improvements and all taxes on
its products stored on said premiseas
8$ The Lessee agrees not to drill any well on said land within
two hundx~ed (200) feet or t~e nov
existi buildings thex~on without the
written consent of the owner of said see, The Lessee agrees to pay all
dam a directly ocoasioned by its operations to any build s on p~oporty
her t..d.r.. Le..or. Pe..'. right to b. iXd ltl Iding Op
fen,as whieh may be necessary for the p~oper conduct of farming or :grazing
opera t i one.
9, The Lessors real at all ~easonabls times examine said lands the
v~k done and in le'eS~ss khex~en, ~-~ ~~ ~ ~ my
inspect ~e ~o~ ~pt by t~ ~ossee in ~htt~ to ~e ~u ~ sata
l~d, ~ asoe~ ~he p~d~tton ~d the ~ saved ~d s~d
~o Lessee ~esp on ~i~n Poq~stj ~ f~l~ ~o t~ ~ssors ~pies of
Dgs ~d a~ wells drilled by the LosS~ on said l~de
10. All the labor t~ be performed and materials to be furnished in
the operations of the Lessee her, under shall be at the °oat and expense of
the Lessees and the Lessors shall not be cha~geable withe c~r liable for,
Shall ~: said lend against l~ens of
any part thereeli and the Lessee eot
i its operas thePeons
every sheFatter ar sing fl~xn
11, The Lessee shall have the right at any time to remove fl~0m
said lands all machtnexrys rig , pipina~ casing, pumping stationse Sad other
-orion of this losses Lenses shall notify LosloPs bef~e removing the oasin~
from any well and Lessors at their option my take over said well and its
casing by paying the actual cost price of said casing. Lessee agrees after
~ermina~ee of ~his lease to fill all sump holes and other exeavations made
b~ it,
1~, This lease and all its texans, oonditions and stipuletions shall
extend ~o and be bindln~ upon the heirss sxeoutcrs, administrators, ~anteess
suoeessors and assigns of ths pa~ties h~Peto,
l~s When reqx~ated bY Lessors ~he ~essee sbj~ll b~n-y its pi · lines
below plow depth. At all times th.~oughout the fuPation of this ~esse the
Lessors shall have the right to rent said premises fop farming and grasing
Page ~.
pttPposes and to use the prepaloes therefor in a reasonable manners Lessors
agree in their use of said premises tO reasonable x~epeot the rights of the
Los nee o
1~0 Eessee agrees to pay all damages caused by its operations ~o
c~ops now ~a~ving or to be ~vn on · d premiseso Lessee also aga~a
to indemnify and held haxwlsss Lessors for any loss eeeasienod by Lessors
owing to Lessee'm operations which result in damage or ham ~o the- !iSroperty
of LessoFes tenants ~o are now or will be using the surface of said premises
money order payable to Lessors ad~essx e/o City Recorder, A~and!, Oregon.
16. In case of default in royalty payaentsf the balance unpaid
shell bea~ interest at the rate of six per cent fx~m the date due and
payable. The failure to pay 2kid balance within thirty days after wit ten
demand by Lessors for payment shall terminate this lease. This eh~l not
abrogate Lessors right to collect the balance of unpaid rent to date of
termination Of this lease.
17. Lessee shall not have the right to cut or in any way use the
tinbar on said premises without the w~itten consent of the Lesso~s,
18. It is agreed that in the event of a default by Lessee in the
performance of any of the tom and sonditions of this agreement on its
part to be done and performed, Lessor at its option may notif7 Lessee of such
default by reglstex~ed letter to Lesseels last known address2 and should said
default continue for a period of thirty (30) days from and after the date of
said notice time thereupon becoming the essence hereof, Lessor sMll have
the right v~%hout fum. t~en, notice te teenier ~d take ~seasien
premises ~nd this Lease shall be terminated. This provision shall be with-
out pre udice to the right of Lessor to collect royalties due it he~eunder,
norshal~ this revision proJu Joe any other rights or remedies lawfully or
equitably available to Lessor.d
IN WITNESS WHEREOF THE CITM OF ASHLAND has oaused this agreement to
be exeeutod on its behalf by its Mayo~ and its Reoox~e~ pursuant to authority
of its Ceases Council, and Gas Ice Co~tton ~s caused this a~ent to
be ~oeutod on i~s behalf by its Presld~t p~su~t ~ suavity of its
Boarod of D~etors, all being d~e as of ~e ~te in ~is a;eent first
above ~ittene
Attestt
/
~oeorder eAdOBe
CITY OF ASHLAND
ICE CORPORATION
STATE OF 0RETONt SS,
COUNTY OF JACKSON)
d
On this .~nd day of JanuAry, 19~2, before me, the undersigned, a
y swm each f~ h~elf ~i~ s~ ~a~ he, T. S. Wiley Is ~ M ~ and
Is ~he ~a~e, seal of said oo o~ati~ ~ ~t said ins~en~ was
sided and sealed en be~lf of s~d s
eo~a~ion by au~ri~ ~f i~s Cram
Co~eils ~ said T~ S. Wlleys Ma oTs ~d J. ~. A~ R~ a~owle~ed
s~d Ins~m~n~ ~ ~ ~ ~e ~ ~ ~ed ef s~d C~ er A~snde
IN WITNESS WHER~.:OF, I have hePeun~o set my hand and affixed
f 1
o flcia seal ~n the date tn this oePtifioate fiPst wPitten.
foa'.
~ eeeumission expix-esl
Oet, 30, 19~S
AGREEMENT FOR SURRENDER OF LEASE
thi ~
THIS AGREF2{ENT, Made ~ day of December, 1961,
by and between GAS-ICE CORPORATION, a Washington Corporation, and
THE CITY OF ASI{LAND, a Municipal Corporation of the State of
Oregon, hereinafter designated as "Lessee" and "Lessor" respect-
ively.
WHEREAS, Lessee and Lessor entered into a lease dated
the 2nd day of January, 1942, of the premises described as follows:
Beginning at the Northwest comer of Government Lot
Nine (9) in Section Seven (7) Township Thirty-nine
(39) South, of Range Two (2) East of the Willamette
Meridian, in Jackson County, Oregon; thence North89
degrees 45t East along the North line of Government
Lot Nine (9), a distance of 679 feet, more or less,
to the Southwest corner of Government Lot Five (5),
in said Section Seven (7); thence North 72.6 feet
to the Northwest corner of Government Lot Five (5);
thence Nor%~h89 degrees 50t East, along said North
line of Government Lot Five (5), a distance of 306
feet; thence South 42 degrees 40~ East 130.7 feet;
thence South 63 degrees 30t East 347 feet; thence South 11
degrees ~t East 880 feet; thence South 22 degrees East
205 feet, more or less, to an intersection with the South
line of said Section Seven (7); thence West along the
South line of Section Seven (7); a distance of 1635 feet,
more or less, to the Southwest corner of said Section
Seven (7); thence North along the West line of said
Section Seven (7), a distance of 785.4 feet, to a point
situated 7 chains South of the point of beginning; thence
West 1361.4 feet to an intersection with the east line of
the Martha Wells Estate in Section Twelve (12), Town-
ship Thirty-nine (39) South, Range One (1) East of the Wil-
lamette Meridian, Oregon; thence North along the East line
of the Wells Estate, 462 feet to the Northwest corner
of Government Lot Eight (8) in said Section Twelve (12);
thence East along the North line of Government Lot Eight
(8), 1361.4 feet to the Northwest comer of Government
Lot Nine (9) in Section Seven (7), Township Thirty-nine
(39) South, of Range 2 East of the Willamette Meridian,
the point of beginning, containing 56.75 acres, more or
less,
and
WHEREAS, under the terms of said lease, the Lessee was to
hold said premises so long as carbon dioxide gas and/or oil or other
gases are produced therefrom in co~[aercial quantities, and the Lessee
has ceased operations ~r and the production of carbon dioxide
1. Agreement
5564';'.:1 Page_ 2
ges and/or oil or other gases in commercial ,quantities from said
WHEREAS, the Lessee desires to surrender said lease and
the Lessor desires to accept said surrender.
NOW, THEREFORE, It is agreed between the parties, that the
Lessee does hereby surrender said lease and vacate said premises and
deliver said property to the Lessor, and the Lessor hereby accepts
the surrender of said lease and discharges and releases the Lessee
from the payment of any further sums thereunder.
IN WITNESS WHEREOF, GAS-ICE CORPORATION has caused this
agreement to be executed by its President and Assistant Secretary,
pursuant to authority of its Board of Directors and The City of
Ashland has caused this agreement to be executed on its behalf by
its Mayor and its Recorder, pursuant to authority of its
Council, all being done as of the date in this agreement first above
~rritten.
GAS-ICE CORPORATION
Ass' t. Secretary
CITY OF ASHLAND
Ha or
Recoz'der
556,_12,1 VOI.Z Page/.
STATE OF OREGON )
:s8
a of December, 1961, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
R. B. NEWBERN and WILLIAM A. NEWBERN, each to me personally known as
the President and the Assistant Secretary of Gas-Ice Corporation
and each acknowledged that the said instrument was signed and sealed
on behalf of said Corporation by authority of its Board of Directors and
R. B. NEWBERN and WILLlAMA. NEWBERN acknowledged said instrument to
be the free act and deed of said corporation.
IN TEST//~0NY WHEREOF, I have hereunto set my hand and seal
the day and year last above written.
NoCar~ Public for Oregon
My Comisston Expires:/f-./6 ~ ~
3. Agreement
(::orporat on
200*A MIEDICAL ARTS BUILDING
SEATTLE 1, WASHINGTON
January 24, 1958
Mr. W. E, Bartelt
City of Ashland
Ashland, Oregon
Dear Mr. Bartelt:
As requested in your letter of December 18, to Mr.
Newbern, we are enclosing a certified copy of the. original
Lease by ~nd between the City of Ashland and Gas-~ce Corporation.
We regret the delay in getting this certified copy
to you but we have been very busy on our loan, which we are
happy to say, we hope will be completed in a very short time.
We do very much appreciate your patience.
Yours very truly,
~~ S~ectY &
~ , Treas.
LH:l~m
PORTLAND 9. OREGON COlPLANTS
1405 NORTHWEST 20TH AVENUE KENNEWICK, WASHINGTON
TILlPHONE CAPITOL 7-304S KL[CK]TAT, WASHINGTON
ASHLAND, OREGON
orporation
207 LYON BUILDING
BE;ATTLB 4, WABHINGTON
December 22, 1961
To The ~Iayor & City Council
Ashland, Oregon
Gentlemen:
I enclose Agreement For Surrender Of Lease dated
January 2, 1942. Will you sign one copy of same and return to us.'
I,also, enclose a deed to you covering the 4 acre tract
where our building was located. This may or may not have been
necessary, but our Attorney suggested that we deed the property
back to you. We have moved away all items of much value, but
there still may be some junk left that I will dispose of as
quickly as possible. We have, of course, not disturbed the 2
wells, submersible pump fittings, etc. for which we billed you
~2,000.00.
Thanking you for your many courtesies,
Yours very truly,
GAS-ICE CORPORATION
C.C.--Seattle Office
R.B. NEWBEE, President
pORTLAND 9. OREGON COlPLANTS
1405 NORTHWEST 20TH AVENUE X KENNEWICK. WASHINGTON
t KLICKITAT. WASHINGTON
~ j ASHLAND. OREGON
orparatian
207 LYON BUILDING
SEATTLE 4, WASHINGTON
November 16, 1962
Portland, Ore.
Mr. E.C. Biegel
City Supt.
Ashland, Oregon
Dear ~. Biegel:
Confirming our conversation of yesterday here in Portland.
As you know we have abandoned the City property, and I am happy that
you are satisfied with the premises covered by our C02 lease from
the City Of Ashland. However, you stated that the water table was
now 13 ft. and that you are still pumping one of the wells.
Last Spring the water table had risen to 4 ft. but
evidently has f allen during the dry Summer months. As stated to you
we are anxious that we be able to claim complete abandonment this
year. We had billed you ~2,000.00 for 2 wells and one submersible
pump, but as agreed with you, we are cancelling this bill and hereby
donate the same to the City.
Under the circumstances you have agreed to have the
release'of the properties approved at the Council Neeting on
December 4th, and I hope the recording of the papers now held by
Er. Skerry, City Attorney, can be recorded immediately.
Thanking you for your courtesy in the matter, I
Sincerely,
GAS-ICE CORPORETION
R.B. NEWBERN, President
C.C.--~r. Harry A. Skerry, Jr.
485 East Nain St.
Ashland, Ore.
Seattle Office
IdARi~Y A. ~lCrl~FIY. Jf~.
~o~e~er lO, l~
Gas-Ice Corporation
~9~ Northwest 2'Oth Aversue
Portland 9, Oregon
Attentiop: Mr. R. B..Newborn
Dear Mr. Newborn:
I discussed our telephone conversation with Mr.
Biegel and he informed me that your agent had cleaned
up the property to the City's satisfaction.
We Still have the problem of settling the.issue
concerning the pump.
Some time ago, an agent of yours was in Ashland
and he conferred with ~ir. Biegel and myself concerning
~he water level. It was his hope that the wells would
proaptly fill since the discontinuance of the pumping.
Mr. Biegel informed me however, t.hat the wells had not
. sustantially filled. *bus we are not ina position at.
this time to execute the release of your_obligations
under the lease.
W~uld It be-satlsfactorywith your ~irm that we
agree that the ptunp remafn ~n t~e property to and Unlil the
water level shou!J mffficis~tly rise? If this would be
agreeable with you, I can make up a memorandum of agreement
M~eub~lt ~o y~ for your appro*al, and if the City and you
agree as to th~ foregoing, the releases can be executed.
Mr. Blegel a~d I will be more .than glad to confer with
you or a member of your firm %t any time..
Very truly yottrat
I~AS :Jp
co: E. C. Biegel
Harry A. Sherry, Jr.