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Home My WebLink About1991-033 Deed - Copeland LumberCRATER TITLE INSURANCE CO. 485 EastMain Street · Ashland, Oregon 97520 · (503) 482-4006 * FAX (503) 482-294I 1 5¢ June 6, 1991 City of Ashland Attn: Roy Bashaw or Susan Yates City Hall Ashland, Or. Regarding: Exchange of real property City of Ashland/Copeland Lumber Escro~ ~) 78007KR and 78008KR Gent lemen: Please find enclosed the following documentation: 1. Copy of Final Closing Statement' 2. Recorded Deed for property received in exchange and copy of recorded Deed given. 3. Copy of recorded Exchange"Agreement 4. Receipt in the ar~unt of $388.75 TitlePolicy forthcoming. be CRATER TITLE INSURANCE CO. 485 EAST MAIN ST. ,' ^~H~ANO, oR 97520 PHONE 482-4006 / ~ ' -- - DATE CRATER TITLE INSURANCE CC). 485 East Main Street * Ashland, Oregon 97520 · (503) 482-4006 · FAX (503) 482-2941 June 6, 1991 City of Ashland Attn: Susan Yates 20 E. Main Ashland, Or. 97520 Regarding: Exchange Escrows ~ 78007KR and 78008KR City of Ashland/Copeland Lumber Please find enclosed billing in the anount of $90.00 due. The Alta Owners Extended Coverage the City agreed to provide to Copeland should have been $276.25 instead of the $186.25 charged through eSCrOW. Please Mccept my apology for any inconvenience this ~night create in yo~ bookeeping for this transaction. Do not hesitate to contact me f you sho~_d_~have any concerns. Company of Oregon CRATER TITLE INSURANCE CO. 779 7250 779 6442 482 4006 Ashland Office 485 ~ast Main St. ~¢shland, Orm ~h~ 482,.4006 Jtne 6, 1991 City of Ashland Attn: Susan Yates 20 East 3fain Street Ashland, Or. 97520 Regarding: Escrows fj 78007ICR and 780081~ City of Ashland/Copeland Dear Susan, Please/find enclosed (~¢ners Title Insurance Policy for property received in exchange. , <!I~hy- ~NSinS f ~ ALTA Owners Policy (10/21/87) 2 '~ ] 4 ~'~ d. First American Title Insurance Company o£ Oregon 200 S.W. Market St. ,, Portland, Oregon 97201 - (503) 222-3651 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANOE COMPANY OF OR ECON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1, Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Oompany will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON OLTA Form 13 TI 128 8/88 ALTA Owner's Policy (lO-2~-87) Schedule A SCHEDULE A Policy No. 251442/CTI - 78007 Amount of Insurance $90,000.00 Date of Policy: June 3, 1991 at 9:29 A.M. Premium $425.00 1. Insured: CITY OF ASHLAND a municipal corporation The estate or interest in the land which is covered by this policy is: an estate in fee simple Title to the estate or interest in the land is vested in: CITY OF ASHLAND a municipal corporation SEE SCHEDULE A - CONTINUED 251442/CTI - 78007 SCHEDULE A- CONTINUED 4. The land referred to in this policy is described as follows: Commencing at a found 3/4 inch iron pipe, 12 inches below ground level and situated at the centerline angle point of an alley (now named Will Dodge Way), .said pipe bears North 18° 46' 02" West for a distance of 1273.87 feet from a found bronze disk set in a concrete post and being situated at the Southeast corner of Donation Land Claim No. 40, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 59° 36' 08" East for a distance of 90.27 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Northeasterly right of way of an alley (now named Will Dodge Way) and being the true point of beginning; thence leaving said alley right of way line, North 34° 10' 18" East along that Boundary Line by Agreement recorded as Document No. 89-24011, Official Records of Jackson County, Oregon, 63.90 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Southerly right of way line of Lithia Way; thence along said right of way line along a curve to the left having a radius of 1462.39 feet and an arc length of 69.15 feet being subtended by a chord of South 64° 39' 33" East for a distance of 69.15 feet to a 5/8 x 24 inch iron rod with an aluminum cap; thence continue along said right of way, South 66° 00' 50" East for a distance of 29.87 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Southeasterly boundary line of that tract of land as set forth in Volume 254, Page 64, Jackson County, Oregon, Deed Records, and as re-surveyed and shown on that Map of Survey filed as No. 11757 in the office of the Jackson County Surveyor; thence leaving said Southerly right of way line, South 33° 50' 29" West (deed record North 34° East), along the Southeasterly boundary line of that tract of land as set forth in Volume 254, Page 64, of said Deed Records, for a distance of 79.86 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Northeasterly right of way line of an alley (now named Will Dodge Way); thence North 55° 47' 27" West along said alley right of way line for a distance of 98.19 feet to the point of beginning. 251442/CTI - 78007 AIdFA POLICY FORMS STANDARD COVERAGE SCHEDULE B This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees or expenses, which arise by reason of the following: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, encumbrances, or claims thereof, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. Rights of the public in and to any portion lying within the limits of public roadways, if any, and/or rights of private parties over any portion lying within existing roadways or driveways not disclosed by the public records. 251442/CTI - 78007 CRATER TITLE INSURANCE CO. Sewing all of Jack..~3n C~unty 485 Ea3t Main S'. Phone 482-4008 A~hla~d, Oregon 97520 - 39 [g SEC " 10900 0:~4394) pc.. /5"-- /., -C TOWNSHIP S~ RANGE SECTION THIS SKETCH IS FOR LOCATION PURPOSES ONLY. NUMBERS ON SKETCH ARE COMPANY NUMBERS AND NO LIABILITY IS ASSUME~ ~C~ "!A~!A-,r'~'- ?!SCLOSED BY SURVEY OR COUNTY RECORDS. RI3NALD I. SALTER February 12, 1991 Mr. John Matschiner Real Estate Manager Copeland Lumber Yards, Inc. 901 N.E. Glisan Street Portland, OR 97232 Re: Our File A-256 Dear John: On February 5, 1991, Dwayne Rudisill at Crater Title called indicating that Copeland now is at requesting an extended coverage title insurance policy. That is, of course way beyond the scope of our transaction and thus, of course, the additional premium should be the expense of Copeland. However, if your company will put all of its documents in escrow that are needed for closing the City will, as a courtesy, pay that additional premium of some $250.00 and will also furnish to the insurance company whatever indemnity it requires in order to be ready, willing and able to issue an extended coverage policy. Accordingly, when the title company tells me that it holds all of the Copeland's documents, we will then furnish to it the indemnity and the matter will close. Very truly yours, R~S/kr cc: Crater Title Insurance~ Mr. John Fregonese RONALD L. SALTER City Attorney I EXCHANGOR 4/ 2 FINAL CLOSING STAT~fllNT CRATER TITLE INSURANCE COMPANY S~I.I.RR - BUYER CLOSING STATEMENT JUNE 3, 1991 PAGE ORDER: 78007KR and 78008KR EXCHANGE EXCHANGOR # 2 EXC~GOR # 1 CITY OF ASHLAND. CITY HALL ASHLAND, OR 97520 COPELAND LUMBER YARDS INC. 901 N.E. GLISAN STREET PORTLAND, OR 97232 PROPERTY ADDRESS: EXCHANGE OF UNIMPROVED PROP. ASHLAND, OR SETTLEMENT DATE: 06/03/91 PRORATE DATE: 05/31/91 PRICE: $90,000.00 CHARGES P.O.C V~J~UE COPELAND PROPERTY Title Insurance to CRATER TITLE INSURANCE CO. REIMBURSE OVERIGHT MAIL FEES to CRATER TITLE INSURANCE CO. Settlement or closing fees 1/2 to CRATER TITLE INSURANCE CO. Document Preparation to CRATER TITLE INSURANCE CO. Recording Fee to CRATER TITLE INSURANCE CO. REIMBURSE CITY LIEN SEARCH FEE to CRATER TITLE INSURANCE CO. GROSS DUE. AMOUNT 90,000.00 $601.25 $15.0o $320.00 $15.00 $77.50 $60.00 91,088.75 CREDITS P.O. C AMOUNT CRATER TITLE INSURANCE COMPANY SkJI.FR- BUYER CLOSING STATEMENT JUNE 3, 1991 PAGE 2 ORDER: 78007KR and 78008KR PLEASE EXAMINE THIS STATEMENT AT ONCE. If no error is reported in 15 days, the account will be considered correct. Failure to report error within the above 15 days shall constitute acceptance of this statement and will be considered an acknowledgment by parties of receipt of all papers and monies due them and a full release of above title company from all liability in connection with handling of said escrow. NOTE: Real property taxes run from Ju~ 1st to June 30th. Irrigation assessments run from January 1st to ~ember ~ /~ KAT~LEEN ROBBINS, ESCROW OFFICER NE SPECIAL WARRANTY DEED KNOW AL/:, MEN BY THESE PRESENTS, That COP'~L,~qD Ll3k~ YAR~S J-~]C. , ai1 ~"~',~ ~°-°~ 0~2~0~ COt'pO~iott , hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto C~T/ OF ASHLAND a rmuicipal corporat±on hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Jackson , State of Oregon, described as follows, to wit: SEE EXHIBIT "A" AT~ACHED HERETO AND MADE A PART HEREOF [if SPACE INSUFFICIENT CON~INIJE DESCRLPFION ON REVERSF SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And the grantor hereby covenants to and with the said grantee and grantee's heirs, successors and assigns that said real property is free from encumbrances created or suffered thereon by ~rantor and that grantor will war- rant and defend the same and every part and parcel thereof against the lawful c/aims and demands of all persons claiming by, through, or under the grantor. The true and actual consideration paid for this transtar, stated in terms of dollars, is Sequi~ab~e exchange 6~However, the actual consideration consists of or includes other property or value given or promised whlcb is the whole .... y~-' ~ thn cons~deratmn (indicate wh~ch).'~ (The sentence between the symbols O, it not applicable, should be deleted. ~ee O[q$ 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 to individuals. In Witness Whereof, the grantor has executed tbis instrument on ~ ~( ~ , t '"~'~ , 1991 ; if a corporate grantor, it has caused its name to be signed and its seal affixed by an olticero~ erbar person duly author- ized to do so by its board of directors. Cope~and Lumber Yard~ Inc. by: THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED !N THISINSTRUMENT 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. STATE OF OREGON, County of before me appeared duly sworn, did say tbat E: _'~_ :._.'.Y On this ay of I~l~y , 19ql , 3°~ ~,~ ~4 ;'r~u~. ~:d ~-:-~. to me personally known, who bein~ is the ~ '' the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instrument was signed and sealed in behalt oi said Corporation by authority o[ its Board of Directors, and acknowledg~said instrument to be the free act and deed of said Corporat~n. IN TESTIMONY WHEREO~I/~ave hereunt~ se~my hand and affixed my oliicia a he y e last above written. / ary ubli~ for Ore,on. My Commission expires CTI 78007kr _.: ,, .. City of Ashland, ~,". -- q , ~- A~hiand Or. 925~0%,,, S' , in book/reel/volume No ....... on page or as fee/file/instru- ment/mlcroiilm/rec~,lStlon No , Record of D~ds of/said county. Witnes~ ~)~y hand and sea/ of County afii×7l~ By ~ Deputy F~IIBI~ "A" 20 SPECIAL W~ DE~D 78007kr Commencing at a found 3/4 inch iron pipe, 12 inches below ground level and situated at the centerline angle point of an alley (now named Will Dodge Way), said pipe bears Noah 18~' 46' 02" West for a distance of 1273.87 feet from a found broke disk set in a concrete post and being situated at the Southeast corner of Donation Land Claim No. 40, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 59° 36' 08" East for a distance of 90.27 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Northeasterly right of way of an alley (now named Will Dodge Way) and being the true point of beginning; thence leaving said alley right of way line, North 34" 10' 18" East along that Boundary Line by Agreement recorded as Document No. 89-24011, Official Records of Jackson County, Oregon, 63.90 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Southerly right of way line of Lithia Way; thence along said right of way line along a curve to the left having a radius of 1462.39 feet and an arc length of 69.15 feet being subtended by a chord of South 64° 39' 33" East for a distance of 69.15 feet to a 5/8 x 24 inch kon rod with an aluminum cap; thence continue along said right of way, South 66° 00' 50" East for a distance of 29.87 feet to a 5/8 x 24 inch iron rod with an aluminum cap situated in the Southeasterly boundary line of that tract of land as set forth in Volume 254, Page 64, Jackson County, Oregon, Deed Records, and as re-surveyed and shown on that Map of Survey filcd as No. 11757 in the office of the Jackson County Surveyor; thence leaving said Southerly right of way line, South 33° 50' 29" West (deed record North 34° East), along the Southeasterly bouudary line of that tract of laud as set forth in Volume 254, Page 64, of said Deed Records, for a distance of 79.86 feet to a 5/8 x 24 inch iron rod wilh an aluminum cap situated in the Northeasterly right of way line of an alley (now named Will Dodge Way); thence North 55° 47' 27" West along said alley right of way line for a distance of 98.19 feet to the point of beginning. Jack$~m Com'~ly, Oregon, KNOW ALL MEN BY THESE PRESENTS, That ..... C.~ O~..~...a...~P.~ ..................... ~ra:im .................................................................. , h~reinMt~z ~led ~rantor, . the ~n~ideration hereinatter stated, d~s hereby ~ranC bargain, ~ell a~d con~ey unto ....................................... ..................... ~..L~ ~S. h~eln~ter ~l~d ~r~ntee, and unto ~rant~'g ~eirs, ~uc~ssor~ and aa~i~n~ tenement~ hereditament~ a~ a~purt~nan~ thercunto b~longing or in any~i~ appetizing, ~iluated in the County .. Ja.~ Stat~ ot Ote~on, de~ri~d ~ tollo~s, to-wit: EXHIBIT "A" A~rACHED HERETO AND MADE A PART HEREOF To Have and to Hold the ~ame unto the said grantee and grantee's heirs, successors and assit~ns torever. And th~ ~rantor hereby covenants to and with the said l~rantee and ~rante~'s heirs, successors and assigns that said real property is free Item encumbrances created or suftered thereon by ~rantor and that ~rantor will war- rant and defend the same and every part and parcel thereof a~ainst the lawful claims and demands DJ all ~aiming by, through, or under the ~rantot. The truu and actual con~deratlon paid tar this tranMer, stated in terms at dollars, is ~ ~q~E~[e ~ ~However, the actual conMd~ration consists at or includes other property or value given or promi~ed which the whole · · ~ con~dera tmn (indicate whlch).~ (The se~ten~ ~tween ~he ~y~ol~ ~, il ~ot applicable, ahould ~ deleted. See ORS I~ construin~ this deed and where thc context so requires, the singular includes the plural and all ~rammatical ~e~es ~all be implied to make the provlsion~ hcreot apply equMly to corporations and to individuals. In Witne~ Whereat, the jrantor has executed this instrument on ................ ~y...~ ......................... 19.~...; it ~r~rate grantor, it has ~useg its name to be signed and its seal aifixed by an oilicer or other person duly author- izod to do ~o ~y i~ ~rd o[ director~. .~.~.~..~.~ ......... ; ................................................ SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND P~PERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR ~ ~ ~ ~ "~" ~;"~'~'7"¢~"~c*r~r ............................... sr4rs os o~soo~, ~lorc mc .pp~rcu .................................................................................. ~'"~ ..... ............................ ] 7 ~"':, · ........... duly ~worn. ~i~ .... '~'~ 91.-1.2404 EX~LT~IT "A" CDNTIA~n Special Warraa m/ ~ l~d ~veyed ~ ~r~ m P~col 1 ~d is a~jccc ~ ~ fol~g s~pp~g ~ e~C area for l~ger ~ 5 ~uce~ or by ~ ~ e~r ~. ~cee'a ~e of ~ e~c ~11 ~ ~ ~yway ~ly ~retfere ~ ~t's ~e of o~er ~ C~g ~y r~le ~Ce~ req~red Co a~id p~i~. ~ ~n=~ of ~ a~s~= area sh~l ~e s~red ~,~lly by r~le ac~r~ ~ re~le ~er~g R~c~n.. ~ ~1! be l$~le ~r all phy~i~l ~1 w~ ~d c~e=ep~ed. ~ed by ~r or by parso~ o~r ~e for ~ ~:ee is r~ible. ~ 91.-X2403 AGREEMENT FOR EXCHANGE OF REAL THIS AGREEMENT is made and of~L~{[~ , 1989 by and between the Corpor ion of the State of Oregon, "Ashland", and Copeland Lumber Yards as "Copeland". RECITALS WHEREAS, Ashland owns a parcel PROPERTY entered into this.4~.~day City of Ashland, a Municipal hereinafter referred to as Inc., hereinafter referred to of real owned by it, above warranty deed, free property which is shown on the attached Exhibit "A" as Parcel A, being a parcel very roughly 80' by 100'. By this reference Exhibit'"~~ becomes a part hereof and is.incorporated herein. WHEREAS, Cop~land owns a parcel of real property being tax lot 391E 09BA 10800 in the City of Ashland, Oregon. WHEREAS, the parties desire to exchange such real property 'with it being stipulated and understood that the value of each parcel is the same as the other and that this value is NINETY THOUSAND DQLLARS ($90,000.00). COPELAND AGREES TO DO THE FOLLOWING: 1. Convey to Ashland the property described, and by' good and sufficient special and preliminary below. 2. clear of all liens and encumbrances except those found on the title insurance report approved by Ashland as described Furnish to Ashland, at Copeland's expense, a title -1- Agreement ~r"INALD L. BALTEB ATTORNEY AT LAW 91-1Z 403' insurance report clear and report to not to be policy in be issued Title Company. in merchantable be subject to unreasonably the amount of to the amount of the value of the property showing title in Copeland, such title insurance the approval of Ashland, with said approval withheld. At closing, a title insurance NINETY THOUSAND DOLLARS ($90,000.00), will Ashland at Copeland's expense and by Jackson County 3. Transfer possession of the parcel from Copeland to Ashland one hundred twenty (120) days after Ashland completes the grading, surfacing and fencing of Parcel A as well as the construction of the driveway to Parcel A from Pioneer Street. All work to be done as later described in this Agreement. 4. Pay Ashland SEVEN HUNDRED DOLLARS ($700.00) for the required boundary line adjustment survey of the Copeland property that is contiguous to Parcel A. Copeland may pay a lesser amount if lesser amount is supported by a bona fide bid for the required survey services from a licensed surveyor. ASHLAND AGREES TO DO THE FOLLOWING: on Exhibit Convey to Copeland the land owned by it and described as being the parcel shown as Parcel A and by good and sufficient special warranty deed, free and clear of all liens and encumbrances except those found on the preliminary title insurance report approved by Copeland as described below. 2. Furnish to Copeland, at Ashland's expense, a title -2- Agreement RFINALD L. SALTER ATTOF~ NEY AT 91-12403 insurance report in the amount of the value of the property showing clear and merchantable title in Ashland, such title insurance report to be subject to the approval of Copeland with Said approval not to be unreasonably withheld. At closing a title insurance policy will be issued to Copeland by Jackson County Title Company in the sum of expense and the NINETY THOUSAND DOLLARS ($90,000.00) and at Ashland's covering the property in paragraph 1. immediately above easement described in paragraph 4 below. 3. Copeland shall have the right to possession of the subject property at the close of construction subject to a condition of cooperation for the implementation of all of the purposes of this agreement. 4. Grant to Copeland a perpetual appurtenant easement for drainage, ingress and egress, to be 24' feet in width except the western most fifteen (15) feet which will be twenty-eight (28) feet in width to be located as shown on Exhibit "A", which is attached hereto and incorporated herein, and to extend from Pioneer Street to Parcel A. Copeland's right to use this easement shall be strictly limited so that it may not block the easement by the stopping for no · longer than five minutes or unloading of trucks in the easement area. Copeland's use of the easement shall not in any way unreasonably interfere with Ashland's use of the parcel on Exhibit "A" as a parking lot. Ashland will prohibit parking on, or other obstructions of the easement area. The parties shall cooperate with -3- Agreement RE]NALD L. SALTER 91-12403 each other in taking any reasonable steps required to avoid any abuse of this provision or this Agreement. The maintenance of the Easement area shall be shared equally by the parties with the maintenance to be done to be that which is deemed reasonable according to reasonable engineering standards at the time in question. Copeland shall be liable for any and all physical damage to the parking ~ot or easement area, normal wear and tear excepted, caused by it or vehicles using this easement and coming to Copeland's property. Ashland shall be liable for any and all physical damage to the parking lot or Easement area, normal wear and tear excepted, caused by it which Copeland is responsible. The shall be perpetual. or persons other than those for limitations in this paragraph 5. In connection with the above easement Ashland shall construct at its sole expense a twenty-four (24} foot wide driveway except the'western fifteen (15) feet which will be twenty-eight (28) feet in width within the easement area and a typical curb-cut as shown on Exhibit #B" both to be constructed to the City of Ashland engineering standards required for vehicles of 80,000 pounds gross vehicle weight ag a frequency of fifty (50) vehicle trips per month. This is a design standard and not a limitation on use. 6. Grade and level Parcel A to drain to easement area and provide a surface of 2" of 3/4" minus crushed rock with suitable base of crushed shale, decomposed granite, or other suitable -4- Agreement RDNALD L. ~ALTEt~ 91-12403 material so that it is capable of supporting pounds gross vehicle weight at a frequency of trips per month; all of this to be done based vehicles of 80,000 fifty (50) vehicle upon the reasonable engineering judgment of the Director be reasonably acceptable to Copeland. soon as possible after closing but in 15, 1989. (6) foot at the of Public Works of Ashland and 'Ail work to be completed as no event later than October 7. Fence the lot being transferred to Copeland with a six chain link fence and provide a 20' rolling chain link gate point that the easement enters this lot. However, if the to be constructed by Copeland is located on the property will form a security barrier for the lot then Ashland will to fence that portion of the lot. building line and not be required 8. Survey Parcel A as adjustment at Ashland's expense. necessary for a boundary line Copies of the surveys described to Copeland and above and in this paragraph will be provided m@numents set at all property corners. 9. Process at no charge to Copeland the necessary planning and zoning approvals for the use of the land being transferred to Copeland. Said planning and zoning approvals to include outside storage and the constru6tion of a new 40' x 60' storage building on the land being transferred to Copeland. In this regard it is understood that the Ashland Planning Commission is a free and independent commission, the decision'of which will be based -5- Agreement ~E]NALD L. SALTER Aq--T'ORNEY AT LAW solely upon the evidence presented at the Public Hearing and its decision cannot be in any way guaranteed by Ashland nor made a part of these negotiations. Such approval, however, is a condition to Copeland's obligations hereunder. MISCELLANEOUS PROVISIONS: 1. Both the lands now owned- by Copeland and the parcel being transferred to Copeland are at present in the C-1 zone and that the expansion of their lumber yard operations is a permitted use. Ashland has no plans at this time to change the zoning for this land. However, all parties recognize that future governmental agencies of Ashland are not and cannot be bound by this provision. escrow and on both parcels. 3. Both parties be closed in escrow, the between the parties. Real property taxes shall be prorated to the close of agree that the subject transaction will cost of which shall be borne coequally Escrow will be established at Jackson County Title, Ashland, Oregon. 4. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. THE CORPORATIONS ACQUIRING WITH THE APPROPRIATE CITY APPROVED USES. 5. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, FEE TITLE TO THE PROPERTY SHOULD CHECK OR COUNTY PLANNING DEPARTMENT TO VERIFY It is understood that Ronald L. Salter is the attorney -6- Agreement ~DNALD L. SALTER for Ashland and that the other party to this transaction has the right to consult with an attorney of its own choice before signing this agreement. This to be at its own expense. 6. .Copeland employees, and their rights and privileges to park in City parking lots shall now and in the future be the same as other ~mployees in the downtown area. 7. The parties agree to cooperate in accomplishing the purposes of this agreement. 8. The exchange of the property owned by Copeland for the property owned by Ashland is intended by Copeland as an exchange of property of like kind so that this transaction will qualify as a nontaxable exchange under Section 1031 of the Internal Revenue Code of 1986 and comparable provisions of state law. 9. The transaction will be closed after completion of the parties responsibility described above, on a date mutually acceptable to the parties. 10. DEFAULT. Time is of the essence of this Agreement. If either party neglects or refuses to carry out this Agreement according to its terms, the other party shall be entitled to such remedies for breach of contract as may be available under applicable law, including (without limitation) the remedy of specific performance. 11. TIME OF ESSENCE. Except as otherwise specifically provided in this Agreement, time is of the essence of each and every -7- Agreement ~[]NALD L. SALTER 91-12403 provision upon and assigns. 13. writing and delivery, if Either party may change the other. 14. WAIVER. require performance of of this Agreement. 12. SUCCESSOR INTERESTS. This Agreement shall be binding inure to the benefit of the parties, their successors and NOTICES. Notices under this Agreement shall be in shall be effective when actually delivered. Such mailed, shall be by registered or certified mail. its address or notices by written notice to limit the party's right to enforce breach of any provision shall not breach of the provision or a waiver other provision. Failure of either party ~at any time to any provision of this Agreement shall not the provision. Waiver of any be a waiver of any succeeding of the provision itself or any 15. ATTORNEY'S FEES. In the event suit or action is instituted to interpret or enforce the terms of this AgreemenL, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. 16. PRIOR AGREEMENTS. This document is the entire, final and complete agreement of the parties pertaining to this transaction and supersedes and replaces all written and oral agreements -8- Agreement RBNALD L, SALTER ATTORNEY AT L~NW 91-12403 previously made or existing by and between the parties. 17. APPLICABLE LAW. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of Oregon. 18. BROKERS. Each party will defend, indemnify, and hold the other party harmless from any claim, loss, or liability made or imposed by any other party claiming a commission or fee in connection with this transaction and arising out of its own conduct. 19. CHANGING IN WRITING. This Agreement and any of its terms may only be changed, waived, discharged or~ terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 20. SURVIVAL OF COVENANTS. Any covenant which this Agreement does not require to be fully performed prior to the closing date shall survive the closing date and shall be fully enforceable thereafter in accordance with its terms. 21. REPRESENTATIONS: CONDITION OF PROPERTY. has previously granted to the other party the right to make investigations in connection with the property continue to permit it Each party inspect and and shall to make its independent inspection and investigation of the property prior to the closing date. No warranties, guarantees or representations have been or are being made by either party concerning the boundaries of the property, any tests, inspections or examination of the property, any governmental -9- Agreement R[]NALD L. SALTE~ .91-12,!03 approvals obtained or to be obtained in connection with property for any availability of utilities and services, the building, housing and other ordinances, and regulations affecting the property, or other Except as otherwise specifically set forth in this each party accepts the land, ~nd all other aspects of the permits or use of the property, the suitability of the intended use, -the applicable zoning, restr~gtions, laws, matters. Agreement, property in their present condition, AS IS, without any representations or warranties, expressed or implied. Each party acknowledges that it has ascertained for itself the value and condition of the property and is not relying on, nor has it been influenced by, any representation of the other party regarding the value or condition of the property. isag AS a condition precedent to the duties to~ reed that there shall~ Boundary b '~one withz~reasonabl~-, IN WITNESS WHEREOF the parties have hereunto set their hands and seals the date first above written. -10- Agreement F~[]NA/[D k. SALTER 91-12403 CITY OF ASHLAND COPELAND LUMBER YARDS INC. -11- Agreement RDNALD L. SALTER '31-1 403 F[ade a parr of A~ FOR EXCHANGE OF REAL PBOPERTY dated August 15, 1989 by and between the City of Ashland, a Municipal Corporation of the State of Oregon mid Copeland Luuber Yards Inc. for the purpose of making said Agreenmnr a part of Offfcial Records of Jadcson County Clerk, Oregon. Copeland Lu~er Yards Inc. City of Ashland By: Helen Jo ~hitsell, Oaairman By: Catherin'e M. Golden : 'Nan ~.' ?ranklin STATE OF OREGON, ] County of ~Jd g/~5~ ~c-' I ss, BE IT REMEMBERED, That on this ~q,:~'C'l day oI before n~eb the undersigned, a Notary Public in and for said County and State, personally appeared the within known to me to be the identical individual described in and who executed the within in~trun~ent and executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed nay official seal the day and year last above written. Y Not~vy Public ~ Ore~o~. My Commis~io. ~xpi~s ~/-~-P~ - 12- Agreement counterpart 91-12403 b~ade a part of AGREMM]~INT FOR EXCHANGE OF REAL PMDPERTY dated August 15, 1989 by and between the City of Ashland, a Municipal Corporation of the State of Oregon and Copeland Lumber Yarcb Inc. for the purpose of making said ~greea~nt a part of Official Records of Jackson Cowry Clerk, Oregon. Copeland Lumber Yards Inc. City of Ashland By: Nan E. Franklin STATE OF OREGON, County o[ [~lJ~t~[4 .f ss. On this ~ ~ day off ~ ~ ~ . , 19q ! , beiore me appeared ~ ~ ~%~1[ ~ to me per,sonally known, who duly sworn, did say that ~--. :' _~' ' the within named Corporation, and that the seal atllxed to said instrument is the corporate seal ot said Corpora~ tion, arid that the said instrument was si~ned and sealed in behalt of said Corporation by authorit~ o/its Board ot D~rectors, and .~KK acknowle~3;~'ln~ument to be the tree act and deed o/said Corp~tion. "x ¢ A I 8 C ~%4' IN TESTIMONY WHER~ ~ have hereu~o set~y hand and atlixed - 12- A~e~nC co.re.art 91-12403 Pioneer' Strew+ .91-12403 - J2-4' IS- Jackson County, Oregon Recorded OFFICIAL R[CORD$ KATHL[EN S. BECKETT