HomeMy WebLinkAbout1995-031 Sale Deed - Pacific RR95-0'7673
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS, That CENTRAL OREGON & PACIFIC RAILROAD
COMPANY, INC., a De] aware Corporati onhereinafter called ".Grantor.~" for the consideration hereinafter
nlc~p I · ,, ,,
stated, does hereby convey unto City of Ashland, an Oregon ~.~rpnra~.lO~l hereinafter called Grantee,
all of that certain real property situated in the City of Ashland, County of Jackson, State of Oregon, as
more particularly described in the Exhibit "A" attached and hereby made a part hereof, (the "Property"),
subject to all covenants, conditions, restrictions, exceptions, easements, rights-of-way, rights-of-access,
agreements, reservations, encumbrances, liens and other matters as the same may be of record; any
matters which would be disclosed by survey, investigation or inquiry; and any tax, assessment or other
governmental lien against the Property.
THIS INSTRUMENT WILL 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 APPROVED USES. [ORS 93.040(1)1]
Grantee acknowledges that Grantor is operating (and will continue to operate) a railroad upon its
adjoining property, and recognizes that such operation may create some noises and vibrations affecting
the Property. Grantee accepts the Property subject to such noises and vibrations, and hereby covenants
to release Grantor from all liability, cost and expense resulting therefrom. This covenant shall run with
the Property, and shall be binding upon the successors and assigns of Grantee.
By accepting this deed, Grantee expressly covenants to construct and maintain, at its own expense and
to Grantor's satisfaction, a minimum six foot (6') high cyclone fence along the track side of the Property.
This covenant is for the benefit of Grantor's adjoining land, and shall run with the Property and be
binding upon the successors and assigns in title of Grantee.
Grantee, by signing below, expressly acknowledges that Grantee is buying the Property in an "AS IS"
condition and that Grantee has relied upon its own independent investigation of the physical condition of
the Property. Grantee hereby releases Grantor and Grantor's shareholders, officers, directors, agents and
employees from all responsibility and liability regarding the condition (including, but not limited to, the
physical condition or presence of hazardous materials), valuation or utility of the Property.
TO HAVE AND TO HOLD the same unto Grantee and Grantee's heirs, successors and assigns forever.
The true and actual consideration paid for the transfer, stated in terms of dollars, is TWENTY FOUR
THOUSAND DOLLARS ($24,000). (ORS 93.030)
In construing this Deed and where the context so requires, the singular includes the plural, and all
grammatical changes shall be implied to make the provisions hereof apply equally to corporations and
individuals.
95-0767.3.
IN WITNESS WHEREOF, the Grantor has executed this instmmem this 14th day of March, 1995; if
a corporate Gramor, it has caused its name to be signed and its seal affixed by its officers duly authorized
thereto by order of its Board of Directors.
GRANTOR: CENTRAL OREGON & PACIFIC RAILROAD COMPANY, INC.
Title: Director- Real Estate
RailTex Service Company, Inc.
STATE OF TEXAS
COUNTY OF BEXAR
On this 14th day of March, in the year 1995, before me, Stella V. Cortez, a notary public in and for the
County of Bexar, State of Texas, personally appeared Todd N. Cecil known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) who executed the within instrument as Director-Real
Estate, RailTex Service Company, Inc., therein named and acknowledged to me that such corporation
executed the within instrument pursuant to its~-laws or a resolution of its board of directors. , .......
~N ~, bli~ ...""n ~. ! .....%,
otary' Pu ~ /'
My Commission Expires: oo- ~- ~, ~ ~)2f
· ........ ..:
LA-63320
95-07673 EXHIBIT a
Commencing at the intersection of the north line of "B" Street and the
west line of Mountain Avenue in the City of Ashland, Jackson County,
Oregon, thence North along the west line of Mountain Avenue, 75 feet to
the true point of beginning; thence West, parallel to the north line of
"B" Street, 80 feet more or less, to the east line of property of Timber
Products Company tract as disclosed in Volume 207 page 58 of the Deed
Records of Jackson County, Oregon; thence Northeasterly along said east
line, 120 feet to the south line of the Southern Pacific Railroad right
of way; thence South 61° East along said right of way, to the west line
of Mountain Avenue; thence South 92.5 feet to the true point of
beginning.
(Code 5-1, Account #1-6130-3, Map #391E9AA, Tax Lot #2600)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
50 MAR23
KATHLEEN S. BECKETT
/