HomeMy WebLinkAbout1998-043 Lease - AndersonCITY OF ASHLAND
Office of the City Attorney
20 East Main, Ashland, OR 97520
(541) 488-5350 - ~
(541) 488-5311 - Fax
April 22, 1998
Paul Nolte, City Attorney
Shariene P. Stephens, Legal Assistant
Ron Andean
280 W~l~ington Road
EagJ,e~Point, OR 97524
RE: Lease Agreement - April 15, 1998, through April 14, 1999
I have enclosed an original of the lease agreement entered into on April 15, 1998,
between you and the City of Ashland in which you are leasing property from the city
for a term beginning on April 15, 1998, and ending at midnight on April 14,1999. This
original is for your records. The second original is on file with the city recorder.
CITY ATTORNEY'S OFFICE
Sharlene P. Stephens, ALS
Legal Assistant
Enclosure
c/w enclosure:
Barbara Christensen, City Recorder
Paula Brown, Director of Public Works
G:~sharlene~anderson.ltr4.wpd
E-Mail Addresses: paulaashland.or.us ~ sharlene~ashland.or.us
LEASE
Agreement made as of April 15, 1998, by the City of Ashland, Oregon, ("City") and
Ron Anderson, 280 Worthington Road, Eagle Point, Oregon, ("Tenant").
City, in consideration of the sum of $11,000, leases to tenant the real property
described on the attached Exhibit A for a term beginning on April 15, 1998, and
terminating at midnight on April 14, 1999.
City and tenant agree as follows:
1. $5,500 rental shall be paid on or before the execution of this lease. $5,500 shall be
paid on or before June 15, 1998. Tenant shall pay interest at the rate of 10% per
annum on the $5,500 after due date until paid.
2. The tenant will not use the lands described above other than for cattle pasturing,
cattle feeding, and hay raising.
3. The tenant will not assign this lease, or any interest therein, and that neither this
lease, nor any interest therein of tenant's, shall be assignable or transferable in
proceedings by or against tenant in execution, bankruptcy, insolvency, or in any other
manner, or by operation of law.
4. The tenant shall, at tenant's own cost and expense, irrigate these premises to the
best of tenant's ability; however, that City shall pay the irrigation assessment.
5. The Tenant shall not cut nor allow any other person to cut or carry off from these
premises any tree or wood, nor burn any stubble, grass, weeds, or any substance
growing upon these lands, or any part thereof, without first having obtained the written
consent of City; and tenant expressly covenants and agrees to hold City free and
harmless from all damage caused by fire resulting from the use or operation of these
lands by tenant, or any of tenant's servants or employees; and agrees that any
damage done to any canal, ditch, bridge, or culvert upon these lands by tenant, or any
of tenant's servants, agents, or employees, shall be repaired by tenant at tenant's
own cost and expense.
6. Tenant will keep and maintain all fences, upon these premises, or which may be
placed thereon during stated term, in as good order, condition, and repair as they are
now in, damage thereto by elements excepted.
7. Tenant further agrees that, in the event tenant shall not well and truly keep and
perform, time being made the essence hereof, tenant shall forfeit unto City all rights to
further occupancy of these lands, or any part thereof, and agrees that it shall be lawful
for City, at City's option, without any legal process of warrant, to re-enter upon these
premises and remove all persons therefrom and hold these premises without
interference on the part of tenant and tenant agrees that, in such event, this lease
shall be terminated and the tenant shall not be entitled to any rights thereunder.
PAGE 1-LEASE (p:real~anderson.lse.wpd)
8. In the event City waives any rights herein reserved or waives the performance of
any covenant to be kept and performed by tenant, expressed or implied, or any
breach thereof by tenant, such waiver shall not be construed to be a waiver of any
subsequent breach of a like or other covenant.
9. Upon the expiration of this lease, or any earlier termination thereof, tenant will yield
up possession of these premises unto City, or City's agents or assigns, in as good
order and condition as reasonable use and wear will permit, damage by the elements
excepted.
10. Tenant accepts this lease and agrees to fulfill all covenants and conditions on its
part to be kept and performed, and enters upon these lands with full knowledge of the
condition of its roads, soils, canals, sloughs, fences, wells, pumps, pipes, tanks,
troughs, bridges, culverts, and other improvements; and agrees that in no event shall
City be held liable for damage by flood, water, fire, or from any other cause
whatsoever. Tenant further covenants and agrees to indemnify and save harmless
the City from any and all such damage or injury out of its operation of the premises;
and tenant further agrees that it will not do nor will it permit to be done any act or thing
upon these premises, the improvements, or the ditches on, upon, or adjacent to these
premises which will, in any way, injuriously affect the strength or stability of these
improvements, or of these ditches, upon or around these lands, or impair the
usefulness thereof.
11. In the event of an appeal from a judgment or decree in any suit or action
necessary to enforce any of the terms hereof, or conditions of this agreement, the
prevailing party shall be entitled to sums as the court may adjudge reasonable as
attorney fees in the suit or action.
In the event of an appeal from a judgment or decree in any suit or action necessary to
enforce any of the terms hereof, or conditions of this agreement, the prevailing party
shall be entitled to sums as the court may adjudge reasonable as attorney fees in
such an appeal.
12. City agrees that tenant, paying and delivering the rent and performing the
covenants and agreement in this lease on the part of the tenant to be performed at all
times during stated term, shall peaceably and quietly have, hold, and enjoy the
premises without any suit, trouble, or hindrance from City.
'13. Notwithstanding any other provision in this lease, City, its employees, agents,
consultants and contractors, shall have the right to go upon the property to test,
survey, examine and improve, including but not limited to collecting soil samples
through borings or test pits; installing, maintaining and sampling ground water;
monitoring, excavating, constructing, maintaining and operating irrigation systems;
and performing any other investigations, analyses or assessments with respect to the
property and its intended use by the city that may be necessary or appropriate. City
shall have no liability because of, or as a result of, the activities described in this
paragraph that might affect tenant's use of the property.
PAGE 2-LEASE (p:real~anderson.lse.wpd)
14. This lease shall bind and inure to the benefit of the parties, their heirs, successors,
and assigns.
15. Time is expressly made of the essence of this agreement.
Mike Freeman
City Administrator
TENANT:
Ron Anderson
280 Worthington Road
Eagle Point, OR 97524
DATE:
DATE:
PAGE 3-LEASE (p:real~anderson.lse.wpd)
EXHIBIT "A"
TRACT A: The Southwest Quarter of Section 27 in Township 38 South, Rathe 1 East of
the Willamette Meridian in Jackson County, Orecj~n.
(Code 5-2, Account #1-9618-5, Map #381E27, Portion Tax Lot #100)
TRACT B: Be~ at the southeast corner of Section 28, Township 38 South, Rathe 1
East, of the Willamette Meridian in Jackson County, Or~; thence West, alc~x3 t~
~ south li~e of Sectic~ 28, a distance of 605.0 feet; t~ North, parallel with
~ ec~-t 1~ of Section 28, a dista~e of 2630.0 feet; thehoe East 605.0 feet to
said east line; thence South, alc~ said ~-~t line, 2630.0 feet to the Point of
(Code 5-2, Account #1-12340-6, Map #381E28, Tax Lot #600)
TRACt C: Beginnir~ at ~ southeast corner of Section 28 in Township 38 South, Rathe
1 East of V_he Willamette Meridian in Jackson County, Oregon; thence West alo~ the
south line of s~id Section, 1650.0 feet; thence NorTh parallel with t~ east 1/he of
said Sect/on, 2630.0 feet; t~ East 1650.0 feet to the e~.~t lin~ of said S~ctic~;
t~ South, alo~ said lira, 2630.0 feet to the point of be~/nnir~. EXCEPTING
THEREFROM the followir~: Be~inn~ at the southeast corner of Section 28, Township 38
South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon; thehoe
West, alcr~ the t2~ south line of Section 28, a distance of 605.0 feet;-t~_nce North,
parallel with the east lir~ of Section 28, a distahoe of 2630.0 feet; thence F~st
605.0 feet to said east 1/r~; thence South, alon~ said east line, 2630.0 feet to the
~oint of ~e~innin~.
ALSO, the West 60.0 acres of the Southeast Quarter of Section 28 in Townsh/p 38
South, Range 1 East of the Willamet-t~ Meridian in Jackson County, Orecjon. ALSO,
15 of "ASHLAND ACRES" in Jackson County, Oregon, accordi~ to the official plat
thereof, now of r~c~rd.
(C~de 5-2, Acecunt #1-12339-2, Map #381E28, Tax Lot #500)
(Code 5-2, Acuu~nt #1-12341-4, Map #381E28, Tax LOt #700)
TRACT D: Begin~ at the noz-th~st corner of Donation Land Claim No. 49 in Township
38 South, Rar~3~ 1 East of the Willamette Meridian in Jackson County, Oregon; thehoe
South 50.0 feet, alc~xj the west line of said Cl~/m; t~ East parallel with
noz-th lir,~ of said Cla3Jn, 2870.0 feet; t~ Noz-th 50.0 feet to said noz-th
t~ West, alc~ scn/d line, 2870.0 feet to t~ point of be~inn/~. EXCEPTING
THEREFRCM that portion oonv~y~d to the State of Or~, by and through its State
Hig~y Ccr~nission, by deed r~orded in Volume 530 page 505 of the Deed P~Dords of
ALSO, Tr-octs 9, 10, 11 ~ 12 of "ASHLAND Af/qS~" in Jackson County, Or~,
to t~e official plat thereof, now of r~. EX~ING th~rc~ that portic~
~red by ~ State of Orec3c~, by and through its State Highway C~]-.~ssion, by
~ J~t rer~er~d C~tober 16, 1962 in the C~r~%uLt Court of ~ for Jackson
C~unty, under Case No. 61-822L, and reoo~_~ded in Volume 170 page 599 of the Circu/t
Cour~ Journal. ALSO EXCEPTING therefrcm, th~ followir~: Be~jinnir~ at the southwest
corner of sa/d Tract 9; t~ North 948.30 feet to th~ northwest corner thereof;
t~ East 567.70 feet; thenc~ South 8° 45' West 1144.0 feet to the northly line of
the County Road; t~ North 64° 35' West, alor~ said line, 429.6 feet to the point
by and through its State H/~hway Ccm~ission, by Final Judgn~,nt rer~ September 7,
1966 in the c~roa/t Court of Oregon for Jackson County, under Case No. 65-342L and
recorded in Volume 204 pa~ 654 of the Circuit Court Journal. ALSO EXCEPTING
theref~-~,, that portion oonvey~d by Deed r~ed February 17, 1967 as NO. 67-01380 of
t~ Official R~ of J~c~ County, Or~. ALSO, EXCEPT/_~G THE~
follc~in~: A parcel of lar~ lyi~ in Tr~ 8, 9, 11 and 12, ASHIAND ACRES, ~ .aQkson
County, Or~, the said parcel be~ described as follows: BedinnS.at a poin~-
oppos/t~ and 150 feet Nor~-~terly of En~ineer's Station 1345+00 on the. oenter t~[ne
of t~ relocated PA~-~ fic Highway; thehoe Sout~ly in a stra/gbt 1/he to a point
oppos/te and 200 feet Nort~~ly of En~/r~er's Station 1350+00 on sa/d oenter
1/r~; t~ ~k~-~he~-~erly /n a st~=ight lin~ to a point opposite and 550 feet
~ly of Er~'s Station 1354+00 on said oenter line; thence
~<~-t~rly, par~13el with said cen~er line t~ a point opposite Engineer's Station
1362+00; t~ Sout~ly in a straight 1/~e 'to a point opposite ar~ 152.5 feet
No~U~ast~rly of Er~ir~e~r's Station 1373+00 on said center 1/he; thenc~ Noz-thwesterly
in a $~o/~ht ]~r~ to a point opposite and 150 feet Northeasily of Engineer's
Staticn 1372+00 cn said oent~r 1/he; t~ Northwesterly in a straight 1/he to a
Doint oppos/te a~ 180 feet h~=~-terly of En~ineer's Station 1366+00 on said
center line; ~ Nor~h~_s~rly, parallel with said cen~er 1/he, to a point
~pposite E~'s Static~ 1363+00; t~ Northwesterly in a stra/ght 1/he, to a
po/nt opposite and 170 feet No~t~rly of En~/neer's Station 1357+00 on said
oenter line; ther~e No~trm~_~l~_rly in a straight line to a point opposite and 150 fe~t
No~3~-~terly of Engineer's Static~ 1351+00 c~ said center line; t~
N3rTtm~_st~rly, parallel with said center lira, to the point of beginning.
The oenter line referred to herein is described as follows:
Be~3innir~ at Engir~_r's center line Station 1345+00, said station beir~ 1230.70
fe~t South and 353.36 feet East of the northeast corner of the John Barrett
Dc~ation Land Cla/m No. 48 in Township 38 South, Range 1 East of the Willamette
Meridian in Jackson County, Oreck; thence South 62°21' East 2800 fe~t to
Er~ineer's center line Station 1373+00.
ALSO, Be~inning at a point which is South 645.00 feet of the ~ corner of
~ 7 in "ASHLAND ACRES" in Jacksc~ County, Oregon, ac~ to the official plat
thereof, now of record; thehoe South 105.00 feet; thence West 521.30 feet; ~
North 0°09' East 140.00 feet; t~ South 85°46' East 500.40 feet to t~ point of
(CoGe 5-8, Aooount #1-12687-6, Map #381E32, Tax Lot #100)
(Cc~e 5-8, Account #1-12688-4, Map ~381E32, T~x Lot #200)
(Coc%e 5-11, Account #1-12360-1, Map #381E32, Tax Lot #200)
TRACT E: Tracts 16, 17, 18, 19 ~ 20 of "ASHLAND ACRES" in Jackson County, Orecjon,
ao~ to t3~ official plat thereof, now of re~Dord. EXCEPTING THEREFRC~ that
pozLic~ acquired by the State of O~, by and through its State Highway O~,u.{ssion,
by Fir~] Juc~t rend~ ~ 16, 1962 in the Circuit Court of Or~ for
Jacksc~ County, under Case No. 61-822L, ar~ reoorded in Volums 170 page 599 of the
Circuit Court Jcx/Irk31. ALSO EXCEPTI]%~ th~_r~frc~ that portion ac~B~ired by t~ State of
Ore~, by and throucjh its State Highway Ccm~ission, by Final Jud~t r~
Se~ 7, 1966 in the Ci~-c~it Court of Oregon for Jackson County, under Case No.
65-342L and reoorded in volume 204 page 654 of the Circuit Cour~ Jourr~]. ALSO
EXf~lmT/345 ~ that portic~ of Tracts 18, 19 and 20 of "ASHLAND ACRES" in
Jackscn County, Ore~, lyir~ Sourly of Or~ Interstate Hi~m~ay No. 5. ALSO
EXCEPTI3~3 THEREFRC~ th~ follc~in~: Be~inni~ at the northeast corner of ~ 17 of
"ASHLAND ACRES" in Jackson County, Ore~, acoord4n~ to the official plat thereof,
r~w of record and which is tb~ sout/xs~st oorner of Section 28 in Township 38 South,
Rar~ 1 F$_~t of the Willamat-be Meridian in Jackson County, Orec3on; thence South
1705.00 feet to th~ nck--th ~ of L~ot de_-_~cribed in Volt~ne 170 pac~ 567 of th~ Deed
Records of Jacksc~ County, Or~; thence West 660.00 feet; ~ North 1705.00 feet
to the north line of said Tract 17; thehoe East 660.00 feet to the point of
ALSO, Be~in~ at a point South 89°45' West 40.00 chains frcm the q~rter corner
bet~en Sections 33 and 34 in Tc~nship 38 South, Rar~ 1 East of the Willamette
Meridian in Jaoksc~ County, Oregon; t~_noe North 1485.00 feet; tk~noe North 89°45'
East 440.22 feet to the west line of Tract 17 in "ASHLAND ACRES" in Jackson County,
0re~, accordir~ to the official plat thereof, now of record; ~ South, aloft3
said line, 1485.00 feet; thence South 89°45' West 440.22 feet to the point of
(CcGe 5-8, Accorant #1-12714-2, Map g381E33, Tax Lot #200)
(Ccde 5-11, Account #1-12367-6, Map #381E33, Tax Lot #200)
