HomeMy WebLinkAbout1993-064 Warranty Deed-Hodgins City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
August 27, 1993
TO:
FROM:
SUBJECT:
Nan Franklin, City Recorder
Patrick Caldwell, Staff Accountant
Al Williams, Director, Electric Dept.
Ken Mickelsen, Director, Parks and Recreation
Sharlene P. Stephens
Hodgins' Property
Enclosed for each of you (with the exception of Nan, who gets the original) is a copy
of the recorded deed on the city's purchase of the Hodgins' property.
SPS
Enclosure
Is:\hodgir~s mem)
365 DAY (DAILY)
30/36O DAY
INTEREST ONLY
JACKSON COUNTY TITLE DIVISION
CONTINENTAL LAIIP/ERS TITLE COMPANY
F.O. BOX 218 - 502 WEST ~ STREET
MEDFORD, OR 97501
COLLECTION ESCROW INSTRUCTIONS
ESCROW NO LA-54543
SELLER/PAYEE:
ROBERT D. HODGINS~ JESSIE M. HODGINS
NAME
MARY GAYLE WALTER
NAME
192 N. Mounta~g
BUYER/PAYOR:
CITY OF ASHLAND
NAME
City Hall
NAME
MAILING ADDRESS MAILING ADDRESS
Ashland Oregon 97520
503/482-3778 Jessie-541-24-8874 503ff482-3211 93-6002]!7
DA'~IMEPHONE SOC. SEC.# DA~IMEPHONE SOC. SEC,#
Robert 540-42-9146
97520
zip
PRDPERTY ADDRESS Ma r y 540- 42- 9142
CITY STATE ZIP
The undersigned hand you herewith the following documents to be held in escrow subject to the
instructions hereinafter set forth, to which the undersigned, on behalf of themselves, their heirs,
successors, assigns and personal representatives, agree:
1.. Original Promissory note in the amount of $500,000.00 executed by
Brain Almquist for the City of Ashland.
2. Original Trust Deed recorded as No. 93-27659
3. Original Request for Full Reconveyance executed by Robert D. Hodgins
and Jessie M. Hodgins and Mary Gayle Walter.
TERMS OF PAYMENTS:
Principalbalanceunpald:$500,000.00 , to be paid in ap. nual installments of $. 56,488.44
or more, l~/including (circle one) interest at the rate of {~ % per annum on the unpaid
balances, lnterestbeg/ns A.g, ?Q: l q q ~ . First installment due on or before Au~_. 20~1994 and
subsequent installmentsdueonorbefore the same day of each and every month thereafter
until August 20, >2010. when the whole principal balance and ali_ accrued
interest shall be due and payable. ,
The disbursement fee of Collection Escrow Agent shall be paid by: (check one)
( ) Payee ( x ) Payor ( ) 1/2 by Payee and 1/2 by Payor
( ) Other
DISBURSEMENTS:
You shall deduct from payments received by you the amount of your standard disbursement charges then
in effect, whether payable by Payor or Payee. You shall pay or deposit the balance of proceeds as directed
b~ Payee. Pending other directions you shall pay:
ROBERT D. HODGINS JESSIE M. HODGINS MARY GAYLE
WALTER
5.6% 88.8% 5.6%
Any scheduled or unscheduled overpayments will be disbursed as directed above unless otherwise
instructed here:
All disbursements shall be made by check of Collection Escrow Agent. Your Collection Escrow Set up fee
of $. 75.00 is paid herewith.
GENERAL INSTRUCTIONS
It is understood by the parties at,nih& the &hove escrow Instructions or ~o~ e~row ho~ucflono which ~e at~hed hereto
day of , 19 _
Continental Lawyers Title Co. By
JACKSON COUNTY TITLE DIVISION
CONTINENTAL LAWYERS TITLE COMPANY
370 LITHIA WAY
ASHLAND, OREGON 97520
TEL:(503)488-2240/FAX:(503)488-1786
August 24, 1993
CITY OF ASHLAND
City Hall
Ashland OR 97520
Re: Escrow No. LA-54543
City of Ashland :
We are pleased to advise that the above numbered escrow has been
completed, and the following items are enclosed as indicated:
1. Deed recorded August 20, 1993 as Document No. 93-27658.
You will be receiving a completed copy of the collection escrow
instructions from the Collection Department shortly, along with
coupons for your payments.
FOR YOUR INFORMATION: If you have not received the tax bill for the
property you have purchased by NOVEMBER 1ST , please contact the
Tax Collector's Office for the bill. (If taxes are included in
your monthly payment, YOUR LENDER MAY RECEIVE THE TAX BILL, instead
of you.)
We wish to thank you for this opportunity to be of service to you,
and to assure you that if you have any questions regarding the
enclosures, we will be happy to assist you.
Sincerely,
Julie Thomas, C.E.O.
Escrow Officer
Enclosures
JT/rc
TITLE DMSI~N
93-2?658
502 W. ~n S~ (P. O. ~ 218) ~, ~ 97501 (503) 7~-~11
~ D. ~I~ ~ ~IE M. ~I~ ~ ~ ~'r~
aka MARY GAYLE WALTER
CITY OF AS~
f~r the co~ide~atlc~ hereinafter s~ated, to Grantor
in~, situated /n the (kmmty of Jackson , State of Oregon, ~-~crlbed as follows
to wit:
SEE EXHIBIT "A" A~rAC~D HERETO AbD MADE A PART HERMDF
*~b~ir assigns, that Grantc~ is lawfully seized in fee simple of the above 9~nted
pr~mises, free from all ~, EX~r
SEE EXHIBIT "A" A~rA/ZHED HI~RETO AND MADE A PART HI~REOF
and that Grantor will warrant and f~=ver defend the sa/d pr~ses and evezy part and
parcel thereof aglnst the lawful claims and ds~mds of all persons ~, e~
THE T~3E AND ACIXA%L CG~SIDERATI(~ paid for this transfer, stated in terms of dollars
is $ 600,000.00
~ ~ C0~r~m(T SO I~, the singular incl,~4~ the plural and all 9x~...,~/~l
changes shall be implied to mak~ the provislc~s hereof apply e~]ly to indivinh~]s and
to ~rpora/ic~s.
Z
/
! IN W~TN~S ~mmOF, th~ ~rantor has ex~cu~ed *his instrum~t ~his / ~ day of
'"THIS ~ WILL NOT ALLOW USE OF THE PROPerTY DESC~JI~D IN THIS ~S-r~JM~T IN
VZOLATI(~ OF APPLICABLE ZAND USE LAk~ AI~ REGt~%TI(~S. B~ORE SIGI~IlWG (~ AO2ma-,'ZNG THIS
P~IATE CITY OR OOt~Y ~ DEPART~ TO V~IFY APP~O~ USES."
~IE M. HODGINS ,~z
~DBI~ D. HODC-IN8 and. dq~:~8IE M. I--ICI~II~ and ~ C~Y'r~ l~L'.r.eax
Mall Tax Statements
Grantee
City Hall
Ashland OR 97520
SPACE FOR RECORDMIR'S USE
~-~45~3 93-27658
TRACt A: Beginnin~ at a point on the east side line of Mounta/n Avenue, in the City of
Ashland, Oregon, 30 f~et east of the southeast oozner of Donation Land Cla/m No. 41, said
point beir~ in the Southeast Quarter of Sectic~ 4 in Township 39 South, Rar~je 1 East of
the Willamette Meridian in Jackson County, Oregon, ~ South 36019' East, alor~ said
east side line of Mountain Avenue, 818.5 feet; thence Southerly, ~lor~3 said east side line
of Mountain Avenue, 139 feet, more or less, to a point in said east side line of Mountain
Avenue 1053.2 feet North of the point wh~re said east side line of Mountain Avenue
intersects th~ O. & C. now South~_z~ Pacific Right of way; ~ South 89° 49' East 700
feet; thence North 0° 11' East 701.75 feet, more or less, to the northwest corner of the
tract of land deeded by Peterscn to Wilcox, as described in Vol~ne 186 pa~e 41 of the Deed
Records of Jackson County, Oregon; thence North 64°05' West 66.70 feet; th~x~ North 8°15'
West 471.70 feet; thenc~ West 475.9 feet; thenoe North 211.7 feet; thence West 581.20 feet
to the east side line of Mountain Avenue; thenoe Southerly, alcr~ said east side lin~ of
Mountain Avenue, 570.10 feet, more or less, to the place of be(3inn/r~. EXC~F,'ING
THMMmm~C~4 a plot of land 120 feet sc~,~re heretofore deeded to the City of Ashland by deed
recorded October 27, 1911 in Volume 91 page 335 of the Deed Reoords of Jackson County,
Orecjcn. ALSO EXtmlF,'ING THER~m~C~4 th~ followir~: C~encir~ at the soutb~m~t corner of
Donatic~ Land Claim No. 41 in Township 39 South, Range 1 East of the Will~mette Meridian
in Jackson County, Oregon, ~ South 36°16'20" East, alcr~ the centerline of Mountsin
Avenue in the City of Ashland, Jac3cson County, O~egon, 817.60 feet, thence South 0°13'40"
West, alor~ said oenterline, 132.49 feet, thenoe South 89°52'35" East 30.00 feet to a
point c~ the east line of said Mountain Avenue, said point bein~ North 0°13'40'' East
(reoord North) 1053.20 feet of the point of intersectic~ of the east line of said Mountain
Avenue, with the northerly line of the O. & C. (now Southern Pacific) Railroad right of
way, thence South 89°52'35'' East (record South 89°49' East) 55.00 feet to a 5/8" iru~ pin
and the true point of beginning; thence North 0007'25'' East 15.00 feet to a 5/8" irc~ pin;
the/~e South 89052'35`` East 30.00 feet to a 5/8" irc~ pin; thence South 0°07'35'' West
15.00 feet to a 5/8" irc~ pin; therf~ North 89°52'35`` West (record North 89°49' West)
30.00 feet to the true point of beginnir~.
(Code 5-1, Account #1-5117-1, Map #391E4ED, Tax Lot #400)
(Code 5-8, Account #1-11370-2, Map #391E4DD, Tax Lot #400)
TRACT B: C~L..~2ing at a point which is 2165 feet Northerly, alor~3 the center line of
Mountain Avenue frcm the intersecti~ of the center line of East Mm~n Street with the
oenter line of Mountain Avenue in the City of Ashland, Oregc~, (the said center line of
Mountain Avenue be/r~ assumed to be due North and South), thence North 72° 53' East, a
distance of 94 feet to the southwest corr~r of the tract of land to be conveyed by this
deed, which tract is located in th~ Southeast ~,arter of Sectio~ 4 in Township 39 South,
Rar~e 1 East of the Willamette Meridian in Jackson County, Oregon for the true point of
beginmir~; thence co~tinuin~ North 72°53' East, a distance of 120 feet to the south~st
corner; thence North 17°7' ~est 120 feet to the nort/3e~3st corner; thenc~ South 72°53'
West, a distance of 120 feet to the northwest corner; thence South 17°7' East 120 feet to
the point of beginning.
(Code 5-1, Account #1-5119-7, Map #391E4DD, Tax LOt #500)
Subj e~t To:
1. The pr~nises herein described have been zoned or qualified for "Farm Use" tax
assessm~_nt. At such tim~ as said land is disqualified for such "Farm Use", the property
will be subject to additional taxes and interest, and possible statutory penalty.
2. The effect of said property, o~ any part thereof, lyin~ within the Talent Irrigatio~
District, and subject to all water and irrigatic~ rights, ~ts for ditches
canals, and all regulations of said District, includir~ any and all as~ts, lie~s and
3. Easement and right of way to erect and mm~ntain poles, and rights in connectic~
therewith, granted to The Pacific Telephome and Telecjraph Ccmpany, by instrument recorded
in Vol~ne 144 page 160 of the Deed ReoDrds of Jackson County, Orec3on.
4. Right of way for the transmission and distribution of electricity, and for other
purposes, 9~nted to The California Oregon Power Cu.~any, a California corporatien, by
instrument recorded in Vol%m~ 174 page 76 of the Deed Records of Jackson County, Orec3mn.
(omtinu ) 93-27658
5. ~ perpe~,a] and permanent easement and righ~ o£ way for storm sewer and sewer
purposes, and rights and c~nditic~s in connection therewith, granted ~o the City o£
Ashland, a municipal oorporatic~, by instrun~nt z~cc~ded in Vol~ne 210 page 197 of
the Deed F~co~ds of Jackson County, Oregon.
6. Easems~t, 20 fe~t in width for installing and ma~ntainir~ sewer pipe lir~,
granted to the City of Ashland, a municipal corporatic~ of the State of Oregon,
recorded March 6, 1962 in Volume 522 page 105 of the Deed Records of Jackson County,
Oregon. (Affects Tract A)
7. Right of way and easement for a pipe line and neoessary valves and
appurtenances thereto, and rights in oc~n~ti~ therewith, 9ranted to California
pacific Utilities Cc~pany, a Califc~q~ia ~orporaticn, by instrument recorded June 2,
1965 in volu~e 588 page 300 of the Deed Records of Jackson County, Oregc~. (Affects
South 10 feet of Tract A)
8. Eas~u~nt, 10 feet in width, foI~ stozm sewe~ and drain tile pu_~poses, and rights
in oo~x~ction therewith, granted to the City of Ashland, a municipal corporatic~ of
th~ State of Ore~on, reo~rded Deosmber 3, 1969 es No. 69-11093 of th~ Official
Records of Jackson County, Oregon. (Affects Tract A)
1993
FORM No. 24~.ACKNOWLEDGMENT---CORPORATION.
STATE OF OREGON,
....... ~ .. ~that he, the said
the said
~~e corporate seal ot said Corpora-
~~tio~uthorlty of its Board
IN TESTIMONY W~REOF, I Dave,s,nfo ~et ~y ~nd and affixed
~y o~cial seal the day and year ~ ~bove writte~
~ ~ JULIE ANNE THOMAS ~ [
] ~f~] NOTARY PUBLIC - OREGON J ~ Notary Public for Ore~o~.
i ~ COMMISSION NO 006867 I My C~mmission expires
I ............................ J