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HomeMy WebLinkAbout1989-002 BlueBird Plaza Exchnge90-13236 AGREEMENT FOR EXCHANGE OF REAL PROPERTY THIS AGREEMENT is made and entered into this of January , 1989, by and between the City of Ashland, a Municipal Corporation of the State of OreGon, hereinafter referred to as "ASHLAND," Bluebird Plaza Partnership, an OreGon General Partnership, hereinafter referred to as "PARTNERSHIP." RECITALS: WHEREAS, "ASHLAND" owns a parcel of real property, fully described in Exhibit "A" attached hereto, hereinafter "Parcel A," and believes that it is in the best interest of "ASHLAND," and will provide a direct and substantial benefit and public purpose to exchange said property for another parcel of real property owned by "PARTNERSHIP," and WHEREAS, "PARTNERSHIP" is the owner of a parcel of real property, fully described in Exhibit "B," hereinafter "Parcel B," and "PARTNERSHIP" believes that property for the property owned "PARTNERSHIP'S" best interest, and the exchange of its real by "ASHLAND" will be in WHEREAS, "Parcel A" was acquired with the assistance of Federal funds and under restrictions providinG that such land may be conveyed by "ASHLAND" only in exchange for land of equal recreational value, and EXCHANGE AGREEMENT OF REAL PROPERTY/1 90-13236 WHEREAS, "ASHLAND" has determined that "Parcel B" will provide equal recreational value for "ASHLAND," and WHEREAS, "ASHLAND" has commenced the process of receiving Federal and State approval confirming the determination of equal recreational value of the exchange properties, and WHEREAS, the exchange of the real property referred to in this Agreement is specifically conditioned upon State and Federal approval confirming the exchange values, NOW THEREFORE, in consideration of the foregoing Recitals, the truth of which is hereby acknowledged, and in the mutual covenants contained herein, it is agreed by and between the parties hereto as follows: 1. Exchange of Properties 1.1 "ASHLAND" shall transfer and assign to "PARTNERSHIP" all right, title and interest it may have in and to "Parcel A," more particularly described in Exhibit "A," attached hereto by reference. 1.2 "PARTNERSHIP" shall transfer and assign to "ASHLAND" all right, title and interest it may have in and to "Parcel B," as is more specifically described in Exhibit "B," attached hereto by reference. Provided, however, "PARTNERSHIP" shall retain an easement for ingress and egress to 31 Water Street and 80-84 North Main on and over the stairway located on Exhibit "B," said stairway being specifically delineated as #9 on Exhibit 1.3 The transfer and assignment of the EXCHANGE AGREEMENT OF REAL PROPERTY/2 90-13236 resDective ownership rights of the parties shall be specifically conditioned upon "ASHLAND" procuring the approval of State and Federal governmental agencies permitting the transfer. 1.4 Design review for the improvements intended by "PARTNERSHIP" (construction of deck or decks) on or over "Parcel A," and construction of covered walkways with seating above, affixed to 31 Water Street, as is more specifically delineated as (5) and (8) on Exhibit "C," shall be provided by "ASHLAND" within 60 days after the request by "PARTNERSHIP." 2. Rights and Responsibilities of "PARTNERSHIP" 2.1 To apply for and to do all things reasonably involved in or necessary for the processing for its application by "ASHLAND," by and through its Planning Commission and Planning Department for design review of the construction of deck or decks and covered walkways on "Parcel A" and 31 Water Street. "PARTNERSHIP" shall not be obligated to apply for design review or to construct the improvements referred to herein until "PARTNERSHIP" deems it necessary. 2.2 Acquire for "ASHLAND," at "PARTNERSHIP'S," expense, a preliminary title report covering "Parcel B" and the title report to be subject to reasonable approval by "ASHLAND," which shall not be unreasonably withheld. 2.3 Simultaneously with "ASHLAND," to convey to "ASHLAND," by Statutory Warranty Deed, the above referenced "Parcel B," free and clear of any encumbrances and subject only to restrictions approved by "ASHLAND." EXCHANGE AGREEMENT OF REAL PROPERTY/3 90- 3236 2.4 That portion of the "Parcel A" delineated in red hatch marks, as is more specifically set forth on the site plan, attached hereto as Exhibit "C," shall remain in a natural state, and no deck or decks may be constructed on that portion of the Property. Further, "PARTNERSHIP" agrees to maintain the existing five (5) Alder trees, and said trees shall not be removed unless they are diseased or unless they are knocked down or irretrievably damaged by flooding from Ashland Creek. Provided, however, in the event this occurs, "PARTNERSHIP" shall replant the area with new and comparable trees, acceptable to "ASHLAND'S" Parks Department. The obligation to replace the trees will terminate in the event Ashland Creek shifts its direction so as to remove the existing land mass and make it impossible to replant the foliage. 2.5 Construct a five-foot (5') wide walkway, affixed to the rear of 31 Water Street (that portion of the building that abuts Ashland Creek), in accordance with the calculations submitted by Roger Kauble to "ASHLAND," attached hereto as Exhibit "D." Said walkway shall be similar in design to the adjacent deck and stairway and shall be constructed in a flood- proof manner. "PARTNERSHIP" shall bear all cost and expense incident to the construction of the walkway and accomplish the construction within six (6) months after request by Ashland to perform the work. 2.6 Contribute to "ASHLAND" the sum of $500 to be applied towards the construction of a stairway, to be constructed by "ASHLAND," on an adjacent parcel of real property EXCHANGE AGREEMENT OF REAL PROPERTY/4 90-13236 (88-90 North Main), owned by B.M.F. Properties, the purpose of which is to connect the City of Ashland parking lot located on Water Street with Bluebird Park. 2.7 In the event the existing stairway connecting 31 Water Street with the deck of 80-82 North Main (more specifically delineated as #9 on Exhibit "C"), or the walkway which will be constructed, both of which are located on "Parcel B," are washed away or destroyed by flood, "PARTNERSHIP," or their representatives, assigns or successors in interest, may, at their own cost and expense, reconstruct those improvements, in a manner substantially in conformance with their present design. There shall be no specific obligation on the part of "PARTNERSHIP" or "ASHLAND" to reconstruct these improvements. 2.8 The only permanent structures that may be constructed on "Parcel A" by "PARTNERSHIP" are deck or decks. The deck or decks to be constructed on the "Parcel A" by "PARTNERSHIP," which will abut 80-84 North Main, will be used by the commercial tenants located in said building, and said tenants may use the deck or decks as they see fit, including, but not limited to preparing and serving food and beverage. The definition of a deck shall be; "a platform or platforms extending horizontally, either free- standing or attached, which may contain stairways, safety railing, removable walls, awnings or roof, but which contains no permanent walls, roofs or appurtenances which would make the deck an enclosed structure or room." 2.9 "PARTNERSHIP," its assigns or successors EXCHANGE AGREEMENT OF REAL PROPERTY/5 90-13236 in interest, at their sole cost and expense, may construct covered walkways, with seating above, attached to 31 Water Street, delineated as #5 and #8 on Exhibit "C." These proposed structures would require prior design approval by the Ashland Parks Department and Ashland Planning Department. These seating areas may be connected to Bluebird Park by a stairway. The structure will be available for the unlimited and unrestricted use of the public, as well as the use by commercial tenants located in 31 Water Street. Such commercial use would include, but not be limited to, the service of food and beverage on the seating area. In the event these structures are damaged or washed away in a flood, the "PARTNERSHIP," its assigns or successors in interest, would have the right, but not the responsibility, to reconstruct these improvements, at the sole cost and expense of "PARTNERSHIP." 2.10 Maintain and repair the stairway connecting 31 Water Street and 80-84 North Main (delineated as #9 on Exhibit "C"). 3. Rights and Responsibilities of "ASHLAND" 3.1 "ASHLAND" shall process the design review application of "PARTNERSHIP" for the decks and covered walkways referred to herein, in accord with all existing planning laws and regulations, provided, however, it is the intent and understanding of this Agreement that "PARTNERSHIP" be permitted to construct decks on "Parcel A," and covered walkways with seating above, affixed to 31 Water Street. 3.2 Acquire for "PARTNERSHIP"at "ASHLAND'S" EXCHANGE AGREEMENT OF REAL PROPERTY/6 90-13236 expense, a preliminary title report covering "Parcel A," to be conveyed to "PARTNERSHIP," and the title report to be subject to the reasonable approval by "PARTNERSHIP," which approval shall not be unreasonably withheld. 3.3 Simultaneously with "PARTNERSHIP," to convey to "PARTNERSHIP," by a Statutory Warranty Deed, the above referenced "Parcel A," free and clear of any encumbrances, and subject only to restrictions approved by "PARTNERSHIP." 3.4 Maintain and repair the walkway to be constructed on "Parcel B" (as set forth in Paragraph 2.5) at the sole cost and expense of "ASHLAND," and the Ashland Parks Department. Provided, however, in the event this structure or the stairway set forth as #9 on Exhibit "C" are substantially destroyed or washed away by flood, "ASHLAND" shall not have the responsibility to reconstruct these improvements. Provided, however, "PARTNERSHIP" shall have the right to reconstruct these improvements, as is more specifically set forth in Paragraph 2.7 above. 3.5 Construct a stairway connecting the parking lot located on Water Street with Bluebird Park. This stairway shall be located on an adjacent parcel of real property (88-90 North Main), owned by B.M.F. Properties. "ASHLAND" will provide whatever engineering is necessary to accomplish the construction of this stairway, as well as pay for any and all costs incident to said construction, except the sum of $500, which shall be paid by "PARTNERSHIP." EXCHANGE AGREEMENT OF REAL PROPERTY/7 90-13236 3.6 "ASHLAND" shall prepare, procure and record an appropriate easement, from B.M.F. Properties as Grantor to "ASHLAND" as Grantee, with respect to the construction of the stairway referred to in Paragraph 3.5 above, in accordance with the February 25, 1988, Letter of Agreement hereto attached as Exhibit 3.7 Grant access to Partnership, or its signs or successors in interest, to repair and maintain the stairway set forth as #9 on Exhibit "C." 4. Miscellaneous 4.1 Any disputes that arise under this Agreement with respect to the interpretation of the terms and conditions contained herein, arbitration in accordance with Arbitration Association. 4.2 Waiver shall be referred to binding the rules of the American by either party of strict performance of any provision or term of this Agreement shall not be a waiver of or prejudice to the parties' right to require strict performance of any other provision of this Agreement. 4.3 Any and all notices under this Agreement shall be effective on the earlier of actual receipt, or three (3) days after deposit, as registered or certified mail, return receipt requested, postage pre-paid, and addressed to either Party at the addresses set forth below, or to such other addresses as either party may specify by notice. EXCHANGE AGREEMENT OF REAL PROPERTY/8 90- 3236 "ASHLAND" City of Ashland 20 East Main Ashland, OR 97520 "PARTNERSHIP" 1257 Siskiyou Blvd., Suite 232 Ashland, OR 97520 4.4 If any suit or action is instituted to enforce any of the terms or provisions of this Agreement, then the prevailing Party shall be entitled to recover, in addition to costs, such sum as the court may adjudge reasonable as attorney's fees, at trial or any appeal of the suit or action. If arbitration is instituted in connection with any claim or controversy arising out of this Agreement, attorneys fees may be awarded by the arbitrators as they may decide, and if so, shall be part of the arbitrator's decision. 4.5 This Agreement and the Parties' rights and responsibilities under it shall be construed and regulated by the laws of the state of Oregon. 4.6 This Agreement shall inure to the benefit and be binding on the representatives and assign, as well as the successors in interest of the Parties to this Agreement. EXCHANGE AGREEMENT OF REAL PROPERTY/9 90-13236 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the date first above written. CITY OF ASHLAND THE By: BLU~~ P~AZA :T~ERSHIP Lloyd M. Haines, General Partner County of Jackson Signed or attested before me on February 10, 1989 the above-named parties. ~'usan M. Honts My Commission expires: EXCHANGE AGREEMENT OF REAL PROPERTY/10 13236 EXHIBIT A That tract of land situated in the Northwest Quarter of Section 9 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, more fully described as follows: Commencing at the northwest corner of Lot Three (3) in Block Seventeen (17) of the City of Ashland, Jackson County, Oregon, which corner is situated on the easterly right of way line of Main Street, as laid down and designated upon the Official Map of said City, adopted November 5, 1888, thence, along said right of way, South 29°50' East 30.00 feet to the southwest corner of said Lot 3, for the true point of beginning; thence, continuing along said right of way, South 29°50' East 42.00 feet; thence, leaving said right of way, North 32°30' East 25.00 feet; thence North 21°24'36'' East 48.55 feet, more or less, to a point on the southeasterly line of said Lot 3; thence, along said line, South 60°10' West 60.00 feet to the true point of beginning. (Code 5-1, Portion Account #1-6678-1, Map #391E9BB, Portion Tax Lot #9600) ~~r~el-~ tract of land situated in the Northwest Quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian in Jackson more fully described as follows: Commencing at the northwest c~rner of Lot 3, Block 17 of the City of Ashland, Jackson County, Oregon, which corner is situated on the easterly right of way line of Main Street as laid down and designated upon the Official Map of said City, adopted November 5, 1888; thence, leaving said right of way, North 60°10' East 66.30 feet, along the northwesterly lot line of said Lot 3, to the most westerly corner of the tract described in Volume 554 page 256 of the Deed Records of Jackson County, Oregon, being the true point of beginning; thence continue along said lot line North 60°10' East 36.00 feet, more or less, to the westerly face of a concrete wall of a structure now designated as 31 Water Street; thence, along the face of said wall, South 30.00 feet, more or less, to the southwesterly boundary of aforesaid tract described in Volume 554 page 256, said Deed Records; thence North 66°16' West, along said southwesterly boundary, 33.5 feet, more or less, to the true point of beginning. (Code 5-1, Account #1-6682-1, Map #391E9BB, Portion of Tax Lot #10000) Z 90-i3236 DN © / 90-13236 LLo~ 20x 4'5- EXHIBIT "D" 90-~3236 11,3 90-13236 90-13236 ~% (oxlO-x Jackson Co~miy, Recorded OFFICJ^L RECORDS KATHLEEN S. BECKETT CLERK and RECO, gD.F~R JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 375 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 June 8, 1990 Ronald L. Salter City Attorney 94 Third Street Ashland, OR 97520 Re: Escrow No. LA-36057 Dear Mr. Salter: We are pleased to advise that the above numbered escrow has been completed, and the following items are enclosed as indicated: 2. 3. 4. Recorded Warranty Deed #90-13238. Recorded Easement #90-13237. Policy of title insurance #93-00-020-223. Copy of recorded Agreement for Exchange. 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, Wendy Martin Escrow Assistant Enclosures 020-223 LAWYERS TITLE INSURANCE CORPORATION SCHEDULE A Date of Policy: May 30, 1990 Policy No. 93-00-020-223 Order No. LA-36057 at 4:12 P.M. Amount of Insurance: $1,475.00 Premium: $175.00 1. Name of Insured: CITY OF ASHLAND, a municipal corporation of the State of Oregon, 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF ASHLAND, a municipal corporation of the State of Oregon, The estate or interest in the land described herein and which is covered by this policy is: A FEE SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the matters shown or referred to in this Schedule except to the owner of any mortgage or deed of trust is expressly insured on page 1 of this policy. 1. 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. 2. 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. 3. Easement, liens or encumbrances, or claims thereof, which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Agreement for Exchange of Real Property, subject to the terms and provisions thereof, by and between City of Ashland, a municipal corporation of the State of Oregon, and Bluebird Plaza Partnership, an Oregon General Partnership, dated January 3, 1989 and recorded May 30, 1990 as No. 90-13236 of the Official Records of Jackson County, Oregon. Policy No. 93-00-020-223 SCHEDULE C The land referred to in this Policy is described as follows: A parcel or tract of land situated in the Northwest Quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, more fully described as follows: Commencing at the northwest corner of Lot 3, Block 17 of the City of Ashland, Jackson County, Oregon, which corner is situated on the easterly right of way line of Main Street as laid down and designated upon the Official Map of said City, adopted November 5, 1888; thence, leaving said right of way, North 60°10' East 66.30 feet, along the northwesterly lot line of said Lot 3, to the most westerly corner of the tract described in Volume 554 page 256 of the Deed Records of Jackson County, Oregon, being the true point of beginning; thence continue along said lot line North 60o10' East 36.00 feet, more or less, to the westerly face of a concrete wall of a structure now designated as 31 Water Street; thence, along the face of said wall, South 30.00 feet, more or less, to the southwesterly boundary of aforesaid tract described in Volume 554 page 256, said Deed Records; thence North 66o16' West, along said southwesterly boundary, 33.5 feet, more or less, to the true point of beginning. (Code 5-1, Account #1-6682-1, Map #391E9BB, Portion of Tax Lot #10000) Policy No. 93-00-020-223 · ill IOgOO 11200 8100 9400 9300 I OFFICE NOTE(S): ESCROW OFFICER: Marilyn Bailey, CSEO ORDER NO. LA-36057 A. We find the following easement which is shown as appurtenant to said land on documentation of record: Perpetual easement for public pedestrian purposes, granted by instrument recorded May 30, 1990 as No. 90-13237 of the Official Records of Jackson County, Oregon. (I~'~~ IAWYERS TITLE CXHMPANY 502 W. M~{n Street (P. O. Box 218) Medford, OR 97501 (503) 779-2811 90-13238 LLOYD M. HAINES, ir~lividually and as General Pa~-h-~r for Bluebird Plaza pm, ~ ~-ship hereinafter ~lled the Grantor, for the cxm~sideratic~ hereinafter stated, to Grant~r by CITY OF ASHLAND, a municipal corporatic~ of th~ State of Oregon with thefts, hereditaments and~ thereunto belc~ingorapperte~n- Lng, situated intheCountyof JACKSON , State offk~K3~%, describedas follows to wit: SEE ATTACHED EXHIBIT "A" ~ assigns, that Grantor is lawfully seized in fee simple of the above granted premises, free from all e~om~hrances, EXEEPT SEE ATT~f/qED EXHIBIT "A" and that ~rantor will warrant and f~rever defend the said pr~nises and every part and parcel thereof a~n~_~nst the lawful claims and demands of all persc~m ~hcmsoever, except THE TB3E AND AC~dAL O0~SIDE~ATIG~ paid for this transfer, stated in terms of dollars is $ EXCHANGE OF 0THOR PROPERTY WHERE THE ~ SO ~, the singular includes the plural and all gr~-m~tical changes sba] 1 be /replied to make the provisions hereof apply e~] ly to individuals and IN WITNESS ~REOF, the grantor has executed this instrtm~t this 20th day of Apri] , 1990. "THIS ~ WILL NOT AT.?~K4 USE OF THE PROPE~TY DESCrIBeD IN THIS IN~TR[~w~D~ IN OF APPLICABLE LAND USE ~ AND Pd~312%TIf~q~. BEFORE SIG~/I~G OR AOCEPT~ THIS STATE OF OP4~C~ C0t~TYOF Jackson April , 1990, SPACE FOR S USE I,~-36C57 90-13 38 gI~rrl~ A A parcel or tract of latin1 situated in the ~ ~3_arter of Sectic~ 9, Township 39 South, Range 1 East of the Will~n~tte Meridian in Jackson County, Oregon, more fully described as follows: Cc~ at the northwest oorner of Lot 3, Block 17 of the City of Ashland, Jackson County, Oregon, which oorner is situated c~ the easterly right of way line of Main Street as laid dc~% and designated upon th~ Official Map of said City, adopted November 5, 1888; thenoe, leavir~ said right of way, North 60°10' East 66.30 feet, alcr~ the northwesterly lot line of said Lot 3, to tbs most westerly corner of the tract described in Volum~ 554 page 256 of the Dccd Records of Jackson County, Oregon, bein~ the true point of be~innir~; tb~noe cc~tint~ alon~ said lot line North 60° 10' East 36.00 feet, more or less, to the westerly face of a cc~c~-ete wall of a structure now designated as 31 Water Street; therm2~, alon~ the face of said wall, South 30.00 feet, more or less, to the southwesterly boundary of aforesaid tract described in Volume 554 page 256, said Deed Records; ~ No~th 66°16' West, alon~ said southwesterly bour~nry, 33.5 feet, more or less, to the true point of beginnir~. (Code 5-1, Aooount #1-6682-1, Map #391EgBB, Portic~ of Tax Lot #10000) 1. Terms and p£ovisic~s of an Agreement for Exchange of Real Property, '30, 1990, as No. May Jackson County, Or,~gon Recorded OFFICIAL RECORDS /02. MAY 3'0 ~nan, u,.,u P M. KATHLEEN S. BECKETT ~ ~.ERK and RECORDi~R 90-13237 EASEMENT KNOW ALL MEN BY THESE PRESENTS that PAUL J. MEYER, BRUCE G. BARTON and STEPHEN FABRICANT, hereinafter referred to as "Grantor", hereby grants, bargains, sells and conveys a perpetua]_ easement for pedestrian purposes. This Easement is to the City of Ashland, Oregon, a Mt~nicipa~ Corporation of the State of Oregon, he~e~i]after ~efc~ed to as "Grantee':, said Easement is for public pedestrian purposes and is to be located in Jackson County, Oregon and on the ]and described an Exhibit "A", which is attached hereto and incorporated herein. In addition, the Grantor grants to the Grantee the right to construct, install, improve and maintain a sidewalk and appropriate stairs across the land illustrated in Exhibit "A" This construction and maintenance to be at no expense to the Grantor or his heirs, successors or assigns. If the Grantee ever elects to vacate and no longer use the walkway across Exhibit 'A' , which is for public pedestrian purposes, then this Easement shall terminate and the rights granted to the City of Ashland shall revert to the Grantor, his heirs, successors or assigns. Said Easement is to be perpetual in nature and non-exclusive and to be for the benefit of the Grantee and the genera], public. Th~ ~ons~deration leu th~s Easement ~.s $!.00 and other good and valuable consideration, the receipt of which is hereby acknowledged. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND 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. 90-13237 Exhibit "A" Commencing at the center line intersection of Water Street and B Street in the City of Ashland, Jackson County, Oregon monumented by a 1/2 inch iron pipe in a monument case; thence South 43° 41'20" West, 178.32 feet to the True Point of Beginning; thence South 26° 41'29" West, 37.04 feet to the most Northerly corner of a building being a point on the Southeasterly line of Lot 4, Block 17, of the City of Ashland; thence along said line South 5~ 24'44'' West, 25.30 feet to a point in Ashland Creek; thence North 30°35'16'' West, 20.70 feet to a point in said creek; thence North 60005'48'' East, 56.47 feet along the Southerly line of a foot bridge and its projection thereof to the point of beginning. Excepting therefrom any area lying with in the State of Oregon right of way. 39 1E 9BB 9800 AREA of EASEME 1"=20' PROPOSED WALKWAY DECK LITHIA CREEK ARTS BLD. APPROX. STATE R/W Recorded iCIAL RECORDS AY 3'0 990 KATHLEEN S, BECKETT ~RDER ~puty 90-13237 ,,. BRUCE G. BA~ON STEPHEN FAB~ICA~T / _ ./ bl~phen,/O.,/ral~ STATE OF OREGON ) : County of Jackson) of Personally appeared the within named PAUL J. MEYER, who is known to me to be the identical individual described in and who executed the within instrument, having acknowledged to me that he executed the same freely and voluntarily. IN WITNESS WHEREOF I have hereunto set my hand and seal the day and year ].as..t~ab~_.o,_~M~e?~.~,itt~en~l.. ,~~~~ [qo~ary ,~¢{~b!ic for Oregon My Commission expires:~- STATE OF ORECO? ) : County of Jackson ) Personally appeared the within named BRUCE G. BARTON, who is known to me to be the identical individual described in and who executed the within instrument, having acknowledged to me that he executed the same freely and voluntarily. IN WITNESS WHEREOF I have her. day and year last above written. STATE OF OREGON, County of .......... J a_¢.k ~9.n_ SS. FORM NO. 2;3 -- ACKNOWLEDGMENT STEVENS-NESS LAW PUB, CO., PORTLAND, ORE. BE IT REMEMBERED, That on this. 30th, day of ...... ~L~y ...... , 1990 , betore me, the undersigned, a Notary Public in and £or said County and State, personally appeared the within named ......... SI. ER_HEN J .... EA_BR !.C. ANT .................................................................................. __,.,? ...... ',,~;__:- known to me to be the identical individual described in and who exe-cuted the wzt~Nf':' ~,:": t'mgl~ur~nt a~clO '.' acknowledged to me that he executed the same freely and voluntarily. ~ IN ~6STI~ONY ~6~60P, I have hereunto set my my oiiicial seal the dar and yea~ ~st No~ar~ Public for Ore~ My Commission ~pires . .2./_~~~_ LAWYERS TITLE COMPANY TY TITLE DIVISION AY GON 97520 Property 391E9BB, 391E9BB, CSEO Location: Ptn TL 9700 Ptn TL 10000 Escrow Debits No.: LA-36057 Credits ............... 40.00 10 00 LAWYERS .... 52.50 LAWYERS. 35 00 LAWYERS 100.00 70 00 2,032.50 575.0O 1,475.00 2,050.00 17.50 TOTAL 2,050.00 2,050.00 Mari]fyn B~iley, CSEO U RDNALD L. SALTER ATTORNEY AT LAW ASHLAND, i-tF~EB~N 9~2B (503) 482-4215 June 4, 1990 Ms. Jill Turner Finance Director City Hall Ashland, Oregon 97520 Re: Bluebird Park Our File A-14-a2 Dear Jill: Enclosed is Jackson County Title's check payable to the City in the sum of $17.50. I also enclose the copy of the letter sent with it that was addressed to Nan Franklin. Presumably this is a refund of a slight overpayment; more I do not know. Very truly yours, City Attorney RLS/gmf Enclosure JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 375 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 May 30, 1990 CITY OF ASHLAND ATTENTION: NAN FRANKLIN 94 Third Street Ashland, Oregon 97520 Re: Escrow No. LA-36057 Dear Ms. Franklin: We are pleased to advise that the above numbered escrow has been completed, and the following items are enclosed as indicated: 1. Our Check No. 19110 in the amount of 817.50. 2. Escrow Settlement Statement. 3. Escrow Trust Receipt No. 7081 in the amount of $350.00. Thank you for this opportunity to be of service, and to assure you that if you have any questions regarding the enclosures, we will be happy to assist you. Sincerely, JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY Marilyn Bailey, CSEO Senior Escrow Officer Enclosures I~FINALD L, SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND. D~qE~DN 9752B (503) 482-4215 May 4, 1990 Ms. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Re: Bluebird Park - Ashland and Lloyd Haines Exchange Our File A-14-a2 Dear Nan: Enclosed is a copy of Jackson County Title's letter of April 20, 1990 and also the legal descriptions which, according to Marilyn, should be attached to the original of the exchange agreement. Then the exchange agreement with the new legals and the City's check for $350 payable to Jackson County Title should be forwarded on to Marilyn at the Ashland Office of Jackson County Title. Also enclosed is a copy of my letter to Jill Turner which attempts to explain the reason for the City's need to pay Jackson County Title. RLS/gmf Enclosures Very truly yours, RONALD L. SALTER City Attorney I" Legal Description ._1 LLOYD HAINES more fully described; 5, 1888; thence, along satd r~ght of way, South 29' 50° East ~o~nt of 3eg~nn~ng; thence, continu:ng along sa~d rtg~: of way. less, tO a Do=n= on the southeas:erly t~ne of sald Lot 3; thence, of beginning. No=e: The above descriptions were derived from record data. EXHIBIT "A" =ore fully described: less, to the westerly face of a conc?eta wall of a structure now deslgna=ed as 3L Water Street; thence, along the face Of satd North ~8' ~0' OB" Wes: ~J.a9 feet, more or leSS, tO the true Do[n~ of ~eg:nn%ng. EXHIBIT "B" Ms. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 RE)NALD L. SALTER ATTORNEY AT LAW AE~HLAND, OREGON 9'7520 {~o~ 4~-~ May 7, 1990 Re: Bluebird Park - Ashland and Lloyd Haines Exchange Our File A-14-a2 Dear Nan: To conclude the Bluebird Park transaction, the following enclosed documents need to be signed by you and the mayor: Warranty Deed - Ashland to Lloyd M. Haines Exchange Escrow Instructions Escrow Settlement Statement When they are signed, please send them on over to Jackson County Title here in Ashland along with the previously requested City check for $350.00. All of this was authorized, according to Ken Mickelson, by the Council in about January 1989 as I note that the Mayor signed the exchange agreement in February 1989. RLS:gmf Enclosures cc: Jackson County Title Lloyd Haines Ken Mickelson Very truly yours, City Attorney *****ESTIMATED***** ~ ESCROW SETTLEME.T STATEMENT jackson ( unty itio ESCROW NO.LA-36057 2ND PARTY Division of Continental Land Title Co. TO: CITY OF ASHLAND DOCUMENTS RECORDED PROPERTY 1st Property: 391E9BB, Tax Lot 10000 (portion) CHARGES CREDITS 2nd Prooertv: 391E9BB. Tax Lot 97000 (oortion~ CONSIDERATION C~FJ~J~xP~ Parcel 1 $ 1,475 O0 $ ]ONSIDERATION Parcel 2 .... 1,475 00 Paid outside of Escrow to Earnest money Deposits Existing Loan/Contract Balance New Contract of Sale Between 1st Trust Deed/Mortgage in favor of PRORATIONS MADE AS OF Taxes 19 - $ From to · Insurance Pram. $ From to Interest on $ @ From to Rent @ $ per From to Rent Deposits Reimbursement of Reserve Account Balance COMMISSION PAID TO COMMISSION PAID TO POLICY OF TITLE INSURANCE PREMIUM -- 175 ~0 Site Certification Fee Recording ~;/lf3 Deed ·Trust Deed Memo of Contract __ 40 00. Recording Mortgage __ Reconveyance Satisfaction ~ ea of Easement15; Exch_an~_A~ree_ment $105 , __ 60 ~0 -- ES___CROW FEE ~ each of $150 75 O0 Additional Services Fee -- TAXES PAID Lien Search LOAN CHARGES BY Loan Fee $ Credit Report $ MIP/PMI Tax Res. $ Ins. Reserve $ Appraisal $ Tax Service $ $ $ $ $ Interest@ $ From to $ TOTAL LOAN CHARGES ~RINCIPAL PAID TO -- Interest@ $ From to Trustees fee for preparation of Reconveyance LESS RESERVE ACCOUNT BALANCE PRINCIPAL PAID TO Interest @ $ From to Trustee; fee for preparatibn of Reconveyance COLLECTION SET UP FEE Balance due CONTINENTAL LAND TITLE COMPANY 350 00 ~alanca due you fOr/¢~i)~6~/9~e)~~ ~s/¢)~19~/ at c 1 os i nq, estimated READ~.~AND APPROVED: CITY OF ASHLAND_t._ ./ TOTALS $ 1,825,00 $ 1,825 DO [~] 375 LITHIA WAY, SUITE 3 · P.O. BOX 550 · ASHLAND. OREGON 97520 · (503) 488-2240 ~ L~ 1150 CRATER LAKE AVENUE, SUITE B · MEDFORD, OREGON 97504 · (5031 779-9599 By: EXCHANGE J~t]~ Escrow No. LA-36057 tyl~tl Date April 20, 1990 ESCROW INSTRUCTIONS TO ~l ~ Officer: M. Bailey Divlllon of Continental Land Title C:o. FOR EQUITY EXCHANGE PURPOSES, the valuations of the properties hereinafter described are agreed upon as follows'. PROPERTY ONE PROPERTY TWO 39 1E 9BB, Tax Lot i0,000 39 1E 9BB, Tax Lot 9700 Given by Given by FIRST PARTY SECOND PARTY $ 1,475.00 $1,475.00 LESS ~-NCUMBRANCES Sub-t ora. Is $ 1, 475.00 $1,475.00 Sub-totals CONSIDERATION TO BALANCE EQUITIES $ $ EQUITY TOTALS ~' 1,475.00 $ 1,475.00 ON OR BEFORE April 25 needed, and a DEED executed by: Lloyd M. Haines 1990 , I/we will hand you cash to balance equities, if' (Deed, Contract, Assignment) hereinafter referred to as the FIRST PARTY conveying to: City of Ashl and hereinafler referred to as the SECOND PARTY, those premises described in preliminary lille report daled (under Order No.) LA-36057 WHICH YOU ARE AUTHORIZED TO USE WHEN YOU can issue or oblain the usual lorm Owners Policy of Title Insurance in the amount of $1,475.00 ,insuring: CITY OF ASHLAND, a Municipal Corporation of the State of Oregon as Vestee. (Vestee or Contract Purchaser) SUBJECT ONLY TO: 1. The usual printed exceptions, stipulations and conditions in the above form(s) of Policy. 2. Taxes for the fiscal year 1~9 -19 90, pal d 3. Covenants, conditions, restrictions, easements, rights and rights of way of record, if any, shown as item(s) none of preliminary title report above, a copy of which the undersigned has received and approved. 4. Terms and provisions of that certain Agreement for Exchange of Real Property, to be recorded herein. EXCHANGE ESCROW INSTRUCT)ONS Escrow No. LA-36057 PROVIDED THAT you obtain for me/us a fleed (Deed, Contract, Assignment) executed by SECOND PARTY c.oQv~e~ylng to FIRST PARTY those premises described In preliminary title report dated Feb. 22, 'l~tEJ under Order No. LA-36057 WHICH YOU ARE AUTHORIZED TO USE WHEN YOU can Issue or obtain the usual form Owners Policy o! Title Insurance In the amount of $'~, 475,00 , Insuring: LLOYD M. HAINES as Vestee (Vestee or Contract Purchaser) SUBJECT ONLY TO: 1. The usual printed exceptions, stipulations and conditions in the above form(s) of Policy. 2. Taxes for the fiscal year 1989 -1990, paid 3. Covenants, conditions, restrictions, easements, rights and rights of way of record, if any, shown as item{s) 2 of preliminary title report above, a copy of which the undersigned has received and approved. 4. Trust Deed to be recorded herein in' favor of Liberty Savings, being given as additional security for the Note dated May 13, 1988, and secured by their Trust Deed recorded as 88-09227. 5. Trust Deed to be recorded herein in favor of Elizabeth J. Fleenor, being given as additional security for a Note dated May 13, 1988, and secured by her Trust Deed re- corded as 88-09228. 6. Terms and provisions of that certain Agreement for Exchange of Real Property, to be recorded herein. There is to be no proration of taxes herein. Parties further hand you an Easement between Meyer, Barton, and Fabricant and the City of Ashland, and is to be recorded herein. The recording costs of the Easement and the'Exchange Agreement are to be divided equally between the 3arties. PROPERTY ONE PRORATIONS AND ADJUSTMENTS TO be mad~ on basis of 30 day I11onth Off items marked "X" as of I ) REAL PROPERTY TAXES 19 --19 (1t amount unavailable for current year, base on last fiscal,~ear taxes) ) INTEREST on existing encumbrances )REI~TS SECURITY DEPOSITS based on rental statement ) RESERVE ACCOUNT to be reimbursed by buyer ) FIRE INSURANCE on basis of premiums handed you ) NEW FIRE INSURANCE -- Buyer to pay outside escrow ) MOBILE HOME TAXES -- Calendar year basis I PROPERTY TWO PRORATIONS AND ADJUSTMENTS TO be made on basis ot 30 day month on items marked "X" as of ) REAL PROPERTY TAXES 19 --19 Il amount unavailable for current year, base on last fiscal year taxes) ) INTEREST on existing encumbrances ) RENTS/SECURITY DEPOSITS based on rental statement ) RESERVE ACCOUNT to be reimbursed by buyer ) FIRE INSURANCE on basis of premiums handed you ) NEW FIRE INSURANCE -- Buyer to pay outside escrow ) MOBILE HOME TAXES -- Calendar year basis Pal~e 'Thlee EXCHANGE ESCROW INSTRUCTIONS Escrow No. LA-36057 GENERAL INSTRUCTIONS: You are authorized to deliver, prepare, obtain and record the necessary instruments to carry out the terms gnd conditions of this escrow. Signatures of the parties hereto on any documents or agreements prepared by you as escrow holder, or deposit~td in escrow from an outside source, shall constitute the complete approval of the terms, condition~and form of said documents. In the event the conditions of this Escrow have not been complied with by. .. Apr'il 25, 1990 you are instructed to complete the same at the earliest date thereafter, unless notice of cancellation ~ is given by either party. Should any controversy, including request for cance!!ation, arise between the parties hereto, or with any third persun, you may refuse to take any further action hereunder and await settlement of any such controversy by joint instructions of the parties or by appropriate legal proceedings. If you become a party to any civil action by reason of this escrow, you shall be entitled to recover your attorney's fees and costs or other expanse which you in good faith may incur. It is understood that T.V., water and utility charges will be adjusted between the seller and buyer outside this escrow, if not provided for herein. You are not required to ascertain compliance with any "consumer credit protection," truth in lending, or similar laws, and shall have no liability for loss or damage arising out of noncompliance with such law~. CIo~e of Escrow shall mean the date that documents, as required, are filed for record. All disbursements may be made by check of Jackson County Title Division, Continental Land Title Company. If an Earnest Money Agreement or any form of Sale/Purchase Agreement ia deposited in this escrow, or held outside, you ere not to be concerned w~th the terms and provisions o! said document(s), NOR do these escrow instructions supersede same, UNLESS AND EXCEPT es expressly contained herein. BY SIGNATURE(S) HEREUNDER, DEPOSIT OF FUNDS AND/OR DOCUMENTS AS CALLED FOR HEREIN IS MADE, in addition to cash required to balance equities, if any, FIRST PARTY AGREES TO PAY: as set forth on the Estimated Settlement executed by me. Deliver all monies and/or documents due FIRST PARTY TO: ADDRESS 1257 Siskiyou Blvd.~ #232~ Ashland OR 97520 Lloyd M. HaineS, ~ndividu~ly and as General Partner for Bluebird Plaza Partnership · In addition to cash required to balance equities, il any, SECOND PARTY AGREES TO PAY: as set forth on the Estimated Settlement Statement executed by us. Detiverall monies and /or documents due SECOND PARTY TO: ADDRESS: ~ity Hall, Ashland OR 97520 SECOND PARTY: CITY OF ASHLAND Catherine M. Golden, Mayor , BY; Karen Huckins, Acting City Recorder JA~ ~ TITLE DIVISI~ Cf~4TIN~%'I~%L LAWFERS TI'n~E OR~PANY 502 W. Ma/n S~meet (P. O. Box 218) Med_ ~cxd, OR 97501 (503) 779r2811 ~%~RANTY DEED KNOW ALL M~ BY T~ESE PRESENTS, that, CITY OF ASHIAND, a municipal ~ticn hex~_inafter called the Grantor, for the cz~siderati~ hereinafte~ stated, to Grant~r ~d by with the ~ts, h~zedita~ents a~d af~urtena~ce_~s ~=~unto bel~in~ ~r ap~- Lng, situated in th~ Co~%ty of JACKSON , State of 0x~K3c~, ~_scribed as follows to wit: SEE A~TAf~q~D3 EXHIBIT "A" the_iv assigns, that ~rantc= is la~fully se/zed in fee simple of the above granted p~lses, free frum all ~c~¥~nces, EXCEPT SEE AT?Af}D~D E~IBIT "A" and that Gran~o~ will ~arrant and f~re~r defend the ~d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~d f~ ~s ~f~, s~ ~ ~ of ~11~ is $ EXCHANGE OF OTHER PROPERTY ~ ~ ~ ~ ~, ~ s~ ~,~-s ~ pl~ ~ ~1 ~ti~ ~ ~1 ~ ~li~ ~ ~ ~ ~sim ~f ~ly ~ly ~ ~vi~s ~ ~ ~ti~. ~~ ~F, ~ ~~ ~t~ i~ ~ ~ ~ si~ ~s /7~'~y of of~ . "~ ~-i'~ ~ ~ ~ ~ 0F ~ ~ D~ ~ ~S ~ ~ ~O~TI~ OF ~~ ~ ~E ~ ~ ~TI~. ~ SI~ OR ~~ ~S CITY OF ASHLAS~3 CATHERINE M. OOLD~, Mayor KAREN HOCKINS, Acting City Recorder Mail Tax Staten~nts to: Grantee 1257 SISKIYOU BLVD ASHLAND OR 97520 SPACE FOR P4~00RDER'S USE · LA-3'6058 E:,~IIBIT A That tract of land situated in t~ Nort~ Quarter of Section 9 in Township 39 South, Range 1 East of the Willamette Mmridian in Jac~csc~ County, C~, more fully described as follows: Cc~ at the north~.~t oorner of Lot Three (3) in Block Sevent2en (17) of the City of AshlarS, Jackson County, C~, which corner is situated on the easterly right of way line of Main Street, as laid down ar~ designated upon th~ Official Map of said City, adopted Nov~mbe~ 5, 1888, t~, along said right of way, South 29° 50' East 30.00 feet to tt~ southwest corr~_r of said Lot 3, for th~ true point of beginning; t~, oontinuing alc~g said right of way, South 29"50' East 42.00.feet; ~, leaving said right of way, NozTh 32°30' East 25.00 feet; t~ North 21°24'36" East 48.55 feet, more or less, to a point c~ th~ southeasterly 1~ of said Lot 3; thenoe, along said line, South 60° 10' West 60.00 feet to the'true point of beginning. '(Code 5-1, Portion A~aount #1-6678-1, Map #391Eg~B, .Portic~ Tax LOt #9600) 1. A~t for Exch~e of ~$1 Pro~, ir~%~r~ t~ telnnS and provisic~ls thereof, r~oorded April , 1990, as No. 90- ~ C~[~TM TITLE DIMISI(~ OS%'2IN~fAL IAWYE~S '&'r£~E C~PANY 502 W. Main Street (P. O. B(~ 218) Medfoxd, OR 97501 (503) 779-2811 LLOYD M. HAINES, individually ar~ ~s ~ P~rtr~r for Bluebird Plaza Partr~rship CITY OF ASHIAhD, a nmmmlc/pal o0xp~r~tic~ of the State of Or~3on ing, situated in ~h~ C(x~ty of JAfESC~ , S~a~ of 0~, described as follows wit-. SEE ATTAf~ED EXPLIBIT "A" their assigns, ~hat Gran~Gr is lawfully seized in fee simple of ~ abou~ 9ranted pr~aises, f-~ee £~ all ~..:-~, Em3~.A' SEE AT, Afl{SD EXHIBIT "A" ~ T~E T~3E AND ACT~%L (/~SID~ATION paid f~ ~s ~f~, ~ ~ ~ of ~1~ EXCHANGE OF OTH~ PROPERTY ~ ~ ~F, ~ ~-~ ~ ~ ~s ~~t ~s 20th ~y of Apri I , 1~. ~[~kTE OF ~ O3t~{TY ' OF Jackson The fGregoin9 in~i~u~e~t ~as a~kn~wledged k~f(~e m~ ~his20th day of LLOYD M. HAINES April , 1990, .My ommds, si~l expires 2/~8/94 Mail Tax Stae--~_ ts ~o: C~e CITY H~%LL ASHLAND OR 97520 SPACE FO~R~COP~R'SUSE A pa_~cel ~r tract of ~ situa~oed in %b~ Nortb~e~ Quarter of ~ 9, ~p 39 : .~ ~, ~ 1 ~ of ~ ~tl~~!~ ~ J~ ~, ~, ~ ~Y '~'~'~' ~ ~ f~: ~,,~ at ~ ~~ ~ of ~ 3, ~ 17 of ~ of ~, J~ ~, ~, ~ ~ ~ si~ ~ ~ ~ly ri~t of ~ 1~ of ~ S~t ~ l~d ~ ~ ~i~ ~ ~ ~fi~ ~ of ~d ~, : ~ ~ 5, 1888; ~, 1~ ~d ~t of ~, ~ ~"10' ~ 66.~ f~t, ~~ ~Vol~ 5~ ~ 256 of ~ ~ ~ of J~ ~, ~, ~ ~ ~ ~t of ~~; ~ ~ ~ ~ 1~ ~ ~ ~"10' ~ 36.~ f~t, ~ ~ 1~, ~ ~ ~ly f~ of a ~~]~ of a ~ ~ ~i~ ~ Si Wa~ S~t; ~, ~ ~ f~ of ~ ~, ~ ~.~ f~t, ~ ~ 1~, ~ ~ ~~ly ~ of ~~ ~ ~ ~ Vol~ 5~ ~ 256, ~ ~ ~; ~ ~ 66"16' ~, ~ ~ ~ly ~, ~.5 f~t, ~ ~ 1~, ~ ~ ~ ~t of ~~. (Code 5-1, A~count #1-6682-1, Map ~391E9~, F~a~tic~ of T~x X~3t #10000) 1. Terms ar~ p~uvisicns of an ~3re~;~;t f~r E~ of ~ Pr~, recoX~ April ., 1990, as No. 90-