HomeMy WebLinkAbout1992-138 Prom Note - CahillPROMISSORY NOTE
WAYNE R. and VICKI L. CAHILL promise to pay to the order of
the CITY OF ASHLAND, a municipal corporation of the State of
Oregon, the sum of TWO THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS
AND EIGHTY ONE CENTS ($2,176.81), in lawful money of the United
States of America with interest thereon at 8% per annum from
December 3, 1992, until paid, payable in semi annual installments
of $599.69 each including interest, the first payment being due
on the 3rd day of June 1993, and a like payment on Dec. 3, 1993;
June 3, 1994; and Dec. 3, 1994, until the whole of said sum, both
principal and interest, has been paid in full. This note has a
two (2) year amortization period. There shall be no prepayment
penalty.
In the event of the failure by the undersigned to make any
installment due under this note within 15 days of its due date,
the entire balance of both principal and interest shall be
immediately due and payable at the option of the holder of this
note. In the event of nonpayment, the undersigned agrees to pay
all reasonable costs of collection, including attorney's fees,
even though suit or action is not filed. In case suit or action
is instituted to collect this note or any portion thereof, or in
case of any appeal from any judgment therefrom, the undersigned
promises and agrees to pay, in addition to costs and
disbursements provided by statute, such additional sum as the
Court may adjudge reasonable as attorney's fees to be allowed in
said suit or action or on such appeal.
DATED: ./ ) . c/ ~, L~ 1992
By: WAYNE R. CAHILL /
By: VICKI L. CAHILL
JUL 0 t '93
~1- PROMISSORY NOTE
State of Oregon )
S.S.
County of )
"Subscribed and sworn to (or affirmed) before me this
:7' day of ' , 19 '?-5, by
S
E
ahill - Note
principal
interest
TERM-YEARS
Annual Payment
Mo
Semi Annual
PMT 1-Jun 3, 93
PMT 2-Dec 3, 93
PMT 3-Jun 3, 94
PMT 4-Dec 3, 94
Receivable
2,176.81
0.080
2
1,220.69
98.45
599.69
PAYMENT INTEREST
PRINCIPAL BALANCE
_,~{J-~3~73 2,176.81
599.69 87.07 512.62 1,664.19
599.69 66.57 533.12 1,131.07
599.69 45.24 554.45 576.62
599.69 23.06 576.62 0.00
2,398.76 221.95 2,176.81
,JUL
PAID 7-1-93 Received from Crater Title (Order #91243-SS)
the sum of $1,674.39 (Receipt No. 21265)
for balance owing on Promissory Note signed
by Wayne R. and Vicki L. Cahill.
Nan E. FrAnklin
City Recorder
CRATER TITLE INSURANCE CO.
'Our Product is Peace of Mind'
604 We~t Mzln Street P O Box 230 Medford Oregon 97501 (503) 779-7250 Fax (503) 779~4013
CITY RECORDER
ORDER NO. 91243-SS
CFFYHA2LL DATE: June 25, 1993
ASHLAND, OR 97520
IT IS NECESSARY THAT A CHECK BE MADE TO DETERMINE' WHAT CHARGES, IF ANY, YoLrR
RECORDS INDICATE AGAINST TFIE FOLLOWING DESCRIBED PROPERTY, TO WIT:
LEGAL DESCRFFTION:
TAX 5NTORNQkTION: 39 1E llC TL 700
Sq'REETJdDDRB$S: 375 Tolman Creek Road, Ashland
/]TLE VESTED IN: W.V.C. , Inc.
WE WOULD APPRECIATE YOUR COMPLETING THE FOLLOWING CERTIFICATE AND RETURNING IT
TO US AT YOUR EARLIEST CONVENIENCE:
CRATER TFFLE INSURANCE CO.
Sharon Slack
Escrow Officer
As"h%an d
NAN...THIS PROPERTY DOESN"T APPEAR
TO BE IN THE CITY LIMITS AccORDING TO
THE COUNTY RECORDS...HOWEVER, MY SELLERS
TELL ME THERE IS A CITY LIEN...MAYBE FOR
TRAFFIC SIGNAL? THIS IS A RUSH..I WILL
APPRECIATE YOUR VERBAL RESPONSE ASAP.
~_~TIF[CATE
THIS IS TO CERTIFY THAT THERE ARE NOW NO PUBLIC IMPROVEMENT LIENS OF THE CITY OF
ASHLAND, AND THAT NO IMPROVEMENT HAS BEEN MADE WHICH WILL RESULT IN THE FILING
OF SUCH IXEN AGAINST THE ABOVE DESCRIBED PROPERTY WITHIN THE NEXT THIRTY (30) DAYS.
CITY OF ASHLAND
SYSTEM DEVELOPMENT CHARGES
Permit # None Single Family Residential
Land Use Code 210 SINGLE FAMILY DETACHED RESIDENCE
Total SDC Charges:'.
2,001.41
# Fixture Units
WATER:
SEWER:
10
Supply
Dist/Collection
Treatment
Total
Dist/Collection
Treatment
Total
Cost/Unit Fee
29.69 29~.9,0
38.58 38~0
19.69 19~0
879.60
5.73 57.30
8.65 86.50
143.80
(671-01--440.631)
(671-01-440.632)
(671-01-440.633)
(676-01-440.622)
(676-01-440.623)
#Units
TRANSPORTATION: 1
Unit/Measure
PER UNIT
STORM SEWER: Imperv sq ft 1,250
PARKS AND RECREATION: #Units 1
152.28 152.28
0.057 71.25
754.48 754.48
(410-01-440.652)
(410-01-440.642)
(410-01-440.661)
IRREVOCABLE CONSENT TO
",I~'-6~,.~¼~., / :~)-~'~-'
The undersigned, referred to in this document as "Owner" whether singular or plural,
owns or is the purchaser under a recorded land sale contract of real property in Jackson
County, Oregon, described below and referred to in this document as "the property":
Property referred to as assessor s tax ,~t 39-1E- 11C 700 being more particularly
described on attached Exhibit "A".
In consideration of the City of Ashland permitting the connection of Owner's building
sewer from the residence on the property to the sewer system of the City of Ashland,
Owner declares and agrees that the property shall be held, sold, and conveyed subject
to the following covenants, conditions and restrictions, which shall constitute covenants
running with the land and shall be binding on all parties having any right, title or interest
in the property or any part, their heirs, successors and assigns:
Whenever a proposal to annex the property is initiated by'the City of Ashland or
otherwise, Owner shall consent and does consent to the annexation of the property to
the City of Ashland. Owner agrees this consent to annexation is irrevocable.
DATED /,% - ~ ¢%-
SIGNATURE
Printed Name Wayne R. Cahill
WVC Inc.
SIGNATURE
Printed Name
SIGNATURE
Printed Name
State of Oregon
County of Jackson
This instrument was acknowledged before
me on ,/~;~, ~ ,1992,
N6t&ry P_~6blic for Oregon
My commission expires:
(p:planning\annex.cns }
Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of the
Southwest quarter of Section 11, Township 39 South, Range 1 East, Willamette Meridian,
Jackson County, Oregon; thence West 345.0 feet; thence South 126.27 feet; thence East
345.0 feet; thence North 126.27 feet to the point of beginning. EXCEPTING THEREFROM
that portion lying within the boundaries of Tohnan Creek Road.
November 27, 1992
Honorable Mayor ~ City Council
Brian L. Almquist, City Administrator
Sewer Connect Request - Wayne Cahill
You will note that the attached request from Mr. Cahill
involves one of two small islands of unincorporated
property on Tolman Creek Road, surrounded on all sides by
the City of Ashland.
The Staff recommends approval of the Cahill request,
subject to the following conditions:
(i)
That an irrevocable consent to annex be signed
prior to the connection of the sewer service.
(2)
That all sewer connection and systems
development charges be paid, or that a
promissory note to pay in installments be
signed, prior to such connection.
(3)
That the Staff be instructed to prepare the
necessary ordinance annexing the island; to
call a public hearing on the withdrawal of the
land from Jackson Co. Fire District No. 5; and
to initiate a Zone Change from County RR-5 to
City of Ashland E-1.
(4)
That the Staff contact the owners of the other
county island at 455 Tolman Creek Road to
determine if they are interested in annexation
at the same time.
(d: \pw\sewer\cahi t t.Mem)
WAYNE R CAHILL
PO. BOX 868
ASHLAND, 0R..97520
4:z:2-0482
RE: PROPERTY GWNED AT 375 TOLMAN CREEK RD.
39 1E 11 C TAX LOT 70G
CITY OF ASHLAND~
THIS LETTER IS IN REGARDS TO OBTAIN PERMISSION TG CGNNECT TO CITY
SEWER LINE-
THIS PRGPERTY AT PRESENT TIME IS IN THE COONTY AND HAS A HOUSE THAT
IS BEING RENTED. THE HOUSE IS ON CITY WATER AND HAS A SEPTIC SYSTEM-
THE PROPERTY HAS AN EASEMENT ON THE SOUTH SIDE THAT PRESENTLY HAS A
SEWER LINE THAT SERVICES THE Y-M-C.A.-
ABOUT 8 MONTHS AGO I CONTAC:TED STEVE HALL ( WHEN THEY WERE DOING
WORK ON THE ROAD ) TO SEE ABOUT HOOKING UP AT THAT TIME. AFTER
CHEC:KING WITH ENGINEERING THEY SAID THAT I WOULD BE ABLE TO C:ONNECT TO
THE SEWER LINE ON THE SOIJTH SIDE OF MY PROPERTY AND THERE WGIJLDN'T
NEED TO BE A HOOK LIP IN THE ROAD. I INQUIRED ABOIJT HAVING TO BE
ANNEXED INTO THE CITY TO HOOK UP- STEVE HALL THOUGHT ALL THAT WOULD
HAVE TO BE DONE IS SIGN AN AGREEMENT TO ANNEX AT THE TIME THAT THE
PROPERTY IS DEVELOPED.
AFTER FINDING OUT THAT I DIDN'T HAVE TO GO TO THE ROAD FOR SEWER
HOOK IJP I WAS IN NO HURRY TO HOOK UP,SENSE THE SEPTIC SYSTEM WAS
WORKING PROPERLY. THEN ON 11-20-92 TALENT IRRIGATION DISTRIC:T WAS
DIGGING A NEW DITCH IN ORDER TO CULVERT THEIR WATER: ACROSS MY
PROPERTY. THE LINE WENT THROUGH THE DRAIN FIELD OF MY SERTIC SYSTEM-
WHICH HAS LEFT IT INOPERATIVE.
MY INTENTION WITH THIS PROPERTY IS TO AT SOMETIME IN THE NEXT FEW
YEARS TO HAVE IT ZONED COMERC:IAL AND EVENTUALLY HAVE THE HOUSE TORN
DOWN. AT PRESENT I WOULD LIKE TEl HOOK UP AND LEAVE IT ZONED AS IS. IF
IT WAS ZONED COMERC:IAL NOW~ THE TAXES WOULD FORCE ME TO SELL IT.
THE Y.M.C:.A. HAS SHOWED INTEREST IN THE PROPERTY ESPECIALLY SENSE
IS SURROUNDED ON ALL THREE SIDES BY THEM. BUT HAS SAID IT IS NOT IN
THEIR BUDGET AT THIS TIME.
IT
THANK YOU FOR YOUR TIME IN THIS MATTER.
WAYNE R.CAHILL
CITY OF ASHLAND
Receive¢¢from ~'~ ~" ~
21265
Date / -,/ _¢ )
Cash []
Check -~"' "" ~/'~,? ~*
Account Number
Amount
Account Number
Amount
CRATER TITLE INSURANCE CO.
TRUST ACCOUNT
04899