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Home My WebLink About1989-004 Warranty Deed - BoydenCRATER TITLE INSURANCE CO. 485 East Main St. ASHLAND, OREGON 97520 Phone 482-4006 January 5, 1989 I~on Salter 94 Third Street Ashland, Or. 97520 RE: Escrow # 72050 Boyden: City of Ashland Attached please find the following documents which pertain to the closing of the above referenced transaction: - Copies ~ buyer/seller closing statenmnts - Recorded Warranty Deed: 88-28125 - Policy of Title Insuradce Again, I appreciate your sending this busirmss our way. Should you have any questicns at all, or if I may help further, please call rrm anytimm. ~~/~_._INSURANQ~ OD. ~harcn Slack Es crc~ Officer cc: Nan Franklin/City Recorder/City of Ashland CRATER TITLE INSURANCE CO. 485 East Main St. ASHLAND, OREGON 97520 Phone 482-4006 January 5, 1989 Ron Salter 94 Third Street Ashland, Or. 97520 RE: Escrow # 72050 Boyden: City of Ashland Dear Ron, Attached please find the following documents which pertain to the closing of the above referenced transaction: - Copies - buyer/seller closing statenmnts - Recorded Warranty Deed: 88-28125 - Policy of Title Insurance Again, I appreciate your sending this business our way. Should you have any qumstions at all, or if I may help further, please call nm anytinm. ~/~_~.INSUEANfE CD. Sharon Slack Escrow Officer CC: Nan Franklin/City Recorder/City of Ashland Crater Title Insurance Co. BUYER STATEMENT 12120/88 BUYER: CITY OF ASHLAND, CITY HALL ASHLAND, OREGON, 975H0 SELLER: dOAN BOYDEN 2451 SANDY TERRACE MEDFORD, , OREGON, 97501 PROPERTY: TAX LOTS 11500, 11600, 11700 ASHLAND, OREGON, 97520 SETTLEMENT DATE: 12/30/88 PRORATION DATE: 12/30/88 SALE PRICE: 337,500.00 BUYER CHARGES P.O.C. ESCROW FEES RECORD W.D. '88-'89 PROP TAXES (11500) 158@.39 prorated from 12/30/88 thru 06/30/89 at 4.3381 per day '88-'89 PROP TAXES (11600) 1613.16 prorated from 12/30/88 thru 06130189 at 4.4075 per day '88-'89 PROP TAXES 11700 1457.27 prorated from 12/30/88 thru 06/30/89 at 3.9816 per day SALE PRICE 250.00 20.00 793.86 806.58 728.64 337,500.00 GROSS DUE FROM BUYER 340,099.08 BUYER CREDITS GROSS DUE FROM BUYER NET FROM (TO) BUYER 340,099.08 340,099.08 WE HEREBY ACCEPT FEES AND COST AS STATED ABOVE CITY DF ASHLAND, N~rl Franklin, City Racorder L. Gordon .-~rSs Crater Title Insurance Co. SELLER STATEMENT 18120188 BUYER: CITY OF ASHLAND, CITY HALL ASHLAND, OREGON, 97520 SELLER: JOAN BOYDEN ~451 SANDY TERRACE MEDFORD, , OREGON, 97501 PROPERTY: TAX LOTS 11500, 11600, 11700 ASHLAND, OREGON, 97520 SETTLEMENT DATE: 12/30/88 PRORATION DATE: 12/30/88 SALE PRICE: 337,500.00 SELLER CREDITS '88-'89 PROP TAXES (11500) 1583.39 prorated from 12130/88 thru 06/30/89 at 4.3381 per day '88-'89 PROP TAXES (11600) 1613.16 prorated from 12/30/88 thru 06/30/89 at 4.4075 per day '88-'89 PROP TAXES 11700 1457.27 prorated from 12/30/88 thru 06/30/89 at 3.9816 per day SALE PRICE 793.86 806.58 728.64 337,500.00 GROSS DUE TO SELLER 339,889.08 SELLER CHARGES P.O.C. ESCROW FEES BRING PROPERTY TAXES CURRENT PAY EXISTING LIENS STD. OWNERS POLICY 850.00 18,800.80 576.78 1,031.00 TOTAL REDUCTIONS TO SELLER 20,658.58 GROSS DUE TO SELLER TOTAL REDUCTIONS TO SELLER 339,829.08 -80,658.58 NET TO (FROM) SELLER 319,170.50 W~.-~EREBY ACCEP~T~HE FEES AND COST AS STATED ABOVE .... ?,./'hc., / u±'l.- /ZOSO/Ash FORM No. 633--WARRANTY DEED (Individual or Corpora~ STEVENS-NESS LAW PUBLISHING CO . PO~q'rLAND~, OR, 97ZO4 oK 88-28:125 ,,,A,.A.,Y KNOW ALI~, MEN H¥ THESE PRESENTS, That. hereinatter caUed the grantor, for the consideration hereinafter stated, to grantor paid by - CLty _of Ashland,_ a Dan~c_&pal._ Corporat£on._o~ the State of Oregon , hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Jackson and State o£ Oregon, described as follows, to-wit: (See attached Exhibit "A", which by this reference becomes incorporated herein) (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except covenants, conditions., restrictions, easenmnts or rights of way of record or apparent on the ground, and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 337,500.00 .par4 e/_ch~Ort,~r/d~'at/on-('-Jrtd~l~/~ ff, h~L"l~l~.(D ( The sentence between the symbols (D, if not applicable, should be deleted. See ORS 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 this instrument this 27~_t'1 day of December , z~ 88; if a corporate grantor, it has caused its name to be signed and seal ¢ft~xed by its officers, duly authorized thereto by order of its board of directors. THiS NSTRU~ENT WiLL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT 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 o~ .... 4a.c.k~n ...... Decembm: ..27th , ~88- .. Personally appeared the above named ..... -"'i. '. ,.~': :'Jomz, Boyclan .............. ~: %' .. ~ ....... and 'a, cknowledged the ioregoin~ instru- ~ ', :met~k~b be., ~?iZ: - voluntary act and deed, ",.. ~, , Not~r Public tar O~gon ,~ commission expires: ~0-23-92 STATE OF OREGON, County of .......................... ) ss. Personally appeared ...................................... and ..... who, being duly sworn, each ~or himsel! and not one ior the other, did say that the tormer is the ................................... president and that the latter is the ........................................ secretary o! ............................ .. · a corporat~on~ and that the seal attixed to the toregolng instrument is the corporate seal et said corporation and that said instrument was signed and sealed in be- halt et said corporation by authority et its board et directors; and each et them acknomledged said instrument to be its voluntary act and dee~. Hetore me: (OFFICIAL Notary Public tar Oregon My co~m]sSion expires: Jif executed by a corporation, affix corporate seal) ... Boy&n ................. ~RANTOR'S NAME AND ADDRESS .... ~t;y o.f .~h!and GRANTEE'S NAME AND AD[~RESS After recording return to: Crater Title Insurance Co. -" Z~-5 'E'F N~" S~ ~ .................................................... "~h.I~d; "O-~e~on' 975'20 ............ NAME, ADDRESS, ZIP Until a change is requested all tax statements shall be sent to the following address. C±ty of Ashland "Cit~' 'H~II .......................................................... "' ~].'~d.d;' ~Z' ' 975'20 ................................. NAME, ADDRESS. ZIP SPACE RESERVED RECORDER'S USE STATE OF OREGON, ]ss. County of ......................................... J I certify that the within instru- ment wa~received for recorf~on the .......... day o~ ,. .................... .//___,19 ........ , at .......... . ..... o/ ~ck ___ : :M/4/and recorded in book/ree /votkme ........ : ....... : ...... page .......... _~ as [ee/file/instru- ment /microHlm//ffeckpxtion No ............... , Record of De~s oi sak~county. wit/. ss. an nd seal of ......................... { NAME TI ~-L E By .................................................. Deputy EXHIBIT "A" ss-2sx 5 PARCEL 1: Lot 3, Block 23 of the CHITWOOD TRACT in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon. PARCEL 2: Beginning at a point on the Northeasterly boundary of Lot 2 in Block 23 of the CHITWOOD TRACT in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon, which point bears North 66° 48' 30" West 17.0 feet from the most Easterly corner of said Lot 2; thence South 34° 11' 30" West 75.24 feet to the Northeasterly right of way line of the Pacific Ilighway as described in Volume 418, Page 39, Jackson County, Oregon, Deed Records; thence along said highway line 202.07 feet along the arc of a curve right (which arc has a radius of 1402.39 feet and a long chord of North 58° 19' 38" West 201.78 feet) to an intersection with the Southeasterly boundary of North Pioneer Street; thence North 23° 09' East 44.0 feet to the most Northerly comer of said Lot 2; thence South 66° 48' 30" East 214.0 feet to the point of beginning. SUBJECT TO: A pez?etmal right and easement to construct, maintain, repair and have free access to all slopes of cuts or fills granted to the State of Oregon, by and through its State }tighway Coranission by instrtrnent, including the terms and provisions thereof, recorded in Volmm 418, Page 39, Jacksoa County, Oregon, Deed Records. (Affects the Southerly 5 feet of Parcel 2. ) Jackson County, Oregon Recorded OFFICIAL RECORDS OEO 3,0 '1988% KATHLEEN S. BECKETT I~RK crud RECORDER ALTA Owners Policy (10/21 ~87) X AME First American Title Insurance Company o£ Oregon 310 S.W. Fourth Avenue · Portland, Oregon 97204-2376 · (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 INSURANCE COMPANY OF OREGON, 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 Company 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. Countersigned BY ATTEST dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON OLTA Form 13 i TI 128 8/88 ALTA Owner's Policy (6-1-87) Schedule A SCHF. DUI.F. A Policy No. CTI 72050 Amount of Insurance $337,500.00 Premium $1,031.00 Date of Policy: December 30, 1988 at 8:45 A.M. 1. Insured: CITY OF ASHLAND a municipal corporation of the State of Oregon 2. The estate or interest in the land which is covered by this policy is: an estate in fee simple 3. Title to the estate or interest in the land is vested in: CITY OF ASHLAND a municipal corporation of the State of Oregon 4. The land referred to in this policy is described as follows: SEE SCHEDULE A o CONTINUED TI 129 CTI - 72050 T SCHEDULE A - CONTINUED PARCEL 1: Lot 3, Block 23 of the CHITWOOD TRACT in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon. PARCEL 2: Beginning at a point on the Northeasterly boundary of Lot 2 in Block 23 of the CHITWOOD TRACT in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon, which point bears North 66° 48' 30" West 17.0 feet from the most Easterly corner of said Lot 2; thence South 34° 11' 30" West 75.24 feet to the Northeasterly right of way line of the Pacific Highway as described in Volume 418, Page 39, Jackson County, Oregon, Deed Records; thence along said highway line 202.07 feet along the arc of a curve right (which arc has a radius of 1402.39 feet and a long chord of North 58° 19' 38" West 201.78 feet) to an intersection with the Southeasterly boundary of North Pioneer Street; thence North 23° 09' East 44.0 feet to the most Northerly corner of said LOt 2; thence South 66° 48' 30" East 214.0 feet to the point of beginning. TI 129 CTI - 72050 ALTA POLICY FORMS STANDARD COVERAGE SCHEDUI ~F, 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. o Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. A perpetual right and easement to construct, maintain, repair and have free access to all slopes of cuts or fills granted to the State of Oregon, by and through its State Highway Commission by instrument, including the terms and provisions thereof, recorded in Volume 418, Page 39, Jackson County, Oregon, Deed Records. (Affects the Southerly 5 feet of Parcel 2.) TI 75 CTI - 72050 604 Wist Main St. Phone 779-?250 Medford. Oregon 97501 ~ CRATER TITLE INSURANCE CO. Sewing all of Jackson County 485 Eaat Main St. Phone 482-4006 Ashland, Oregon 97520 /9 3 / / / /. 10900 I~E]NALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, DRE{~DN 97s2n (5o3) 482-4a~5 December 23, ]_988 Ms. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Re: Boyden to Ashland Our File A-250 Dear Nan: It appears that Crater Title has delivered to me a signed copy of the Earnest Money Receipt in this matter. It is forwarded to you for inclusion in the City's records. RnS/rw Attachment Very truly yours, RO ~ L. SALTER City Attorney F L CRATER TITLE INSURANCE COMPANY 485 E. MAIN ASHLAND, OREGON 97520 RECEIVED Of City of Ashland ESCROW TRUST RECEIPT NO. 2055 co=,~Y [ 045 o~,c~ [ 002 -C R O W NO. DATE 72050 12/29/88 * >'q3alance of funds to close escrc~: Boyden to City of Ashland / * >VIhree Hundred Forty Thousand Ninety Nine Dollars and 08/0~LL'~.gt St *340 CASH CASHIER'S CHECK CILt ECKS RECEIVED AFTER HOURS FROM BUYER CHECKING ACCOUNT NO. / SMS-107 (REV 03/88] CUSTOMER COPY Iii EARNEST MONEY RECEIPT RECITALS: 1. On October 4, 1988 the City Council of the City of Ashland, Oregon adopted a Resolution determining that the land hereinafter described was appropriated for the purpose of constructing, installing and maintaining a public parking lot and related purposes and that fee title to the property was to be acquired. 2. The owner of the property negotiated with the City of Ashland to see if a sale and purchase could be agreed upon in lieu of condemnation due to the fact that both parties wished to negotiate the matter if possible. 3. In lieu of the condemnation proceedings the parties hereto have agreed as hereinafter set forth. PARTIES & PAYMENT: RECEIVED OF The City of Ashland, hereinafter called "Purchaser", the sum of TWO THOUSAND DOLLARS ($2,000.00) as earnest money, and in part payment of the purchase of the following real property located in the City of Ashland, County of Jackson, State of Oregon. DESCRIPTION: Tax Lots 11500, 11600 and 1].700 ?n 'the City of Ashland and at the intersection of Pioneer Street and Lithia Way. -1- Earnest Money Receipt Ri-INALD L. SALTEI~ ATTORNEY AT ~W 94 THIRD STREET A~HLAND, FiREBI-1N 9752[~ POSSESSION: Possession of said premises shall be tendered to Purchaser on or before the close of escrow with escrow to close on or before January 9, 1989. AS IS: This sale is on a "~s is" basl. s and the purchaser is not relying upon any representation of the Seller or the Seller's agents. CONVEYANCE: The property is to be conveyed by a good and sufficient Warranty Deed free and clear of all liens and encumbrances except as set forth above in reference to the Title Insurance Policy. Also, it is expressly understood that the Seller will pay all presently existing liens and assessments including the sidewalk assessment, however, all future assessments, that is after the date of November 7, 1988, shall be the responsibility of the Purchaser specifically excluding from the responsibility of the Seller the proposed downtown assessments. Further, the Seller may retain all appliances presently on the property. PRO-RATE TAXES, INSURANCE, ETC. Real property taxes shall be pro-rated between the Purchaser and Seller as of close of escrow. -3- Earnest Money Receipt RDNALD I. SALTER ATTORNEY AT L/~W 94 THIRD STREET ASHLAND, O~EGON 9?520 RISK OF LOSS ASSUMED BY SELLER: The risk of loss or damage to said premises or property by fire or other casualty, until possession is tendered to the Purchaser, is assumed by Seller; however, if the property is damaged in part or in whole the sale shall not be effected, the Purchaser shall continue to purchase, and the purchase price shall not be diminished. LIMITATION ON ESCROW AGENT'S DUTIES: In the event any monies or documents are deposited in escrow with Ronald L. Salter, Attorney at Law, as Escrow Agent, said Escrow Agent shall not be required to determine any controversy arising between the parties hereto, or take any action in the premises, but may await the settlement of said controversy by final appropriate legal proceedings, or otherwise, and in no event shall he be liable for interest, damages or other loss, or for anything except gross negligence or willful misconduct. ZONING STATEMENT: 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 ~nstrument, ~he person acquiring fee title to the property should check with the appropriate City or County Planning Department to verify approved uses. ATTORNEY REPRESENTATION: It is understood that Ronald L. Salter is the attorney for Purchaser and that the other parties to this transaction have the right to consult with an attorney of their own choice before signing -4- Earnest Money Receipt RFINALD L. .~ALTER ATTORNEY AT LAW 94 THIRD STREET A=:HLAND, nREGi-IN 9?52[3 this Agreement, and with this to be at their own expense. ATTORNEY'S FEES: In case of suit or action to enforce any rights or conditions of this Agreement and upon any appeal to a higher Court, it is mutually agreed that the prevailing party in such suit or action shall be entitled to a reasonable attorney's fee as determined by the Court as against the losing party therein. Dated at Ashland, Oregon, this ~/-~ day of November, 1988. SELLER: ACCEPTANCE BY PURCHASER: Purchaser, hereby agrees to purchase said property for the price and upon the terms above mentioned, and also agrees to the conditions of forfeiture and all other conditions herein expressed. Dated at Ash]and, Oregon, thJ_s.~-~day of ~ ..... ~-'^" 1988. PURCHASER: CITY OF ASHLAND -5- Earnest Money Receipt RriNALD L, SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, DREGFIN 9752D