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HomeMy WebLinkAbout1986-049 Oak Knoll PurchaseI~DNALD L, SALTER ATTORNEEY A"V LAW 94 THIRD STREET ASHLAND, DRE~nN 97S2D {503) 482-42 1 5 January 5, 1987 Ms. Nan Franklin City Recorder City Hall Ashland, Oregon Re: Dear Nan: 97520 Oak Knoll Land Purchase RLS/pc Enclosure For the City's records, enclosed is the original and recorded Warranty Deed from the Toneys to the City with respect to the golf course expansion. Very truly yours, RON~AL~ L. SALTER City Attorney KNOW ALL MEN BY THESE PRESENTS, that J. ERVIN TONEY and RUBY E. TONEY, husband and wife, hereinafter called "Grantors", for and in consideration of THREE HUNDRED TWENTY THOUSAND DOLLARS ($320,000.00), that being the true and actual consideration to Grantors paid by the CITY OF ASHLAND, Oregon, a municipal corporation of the State of Oregon, hereinafter called "Grantee", do hereby GRANT, BARGAIN, SELL AND CONVEY to the Grantee, and unto Grantee's successors and assigns, all of the Grantors' rights, title and interest in that certain real property, with the tenements, hereditaments, and appurtenances thereunto belong- ing or in anywise appertaining, situated in the County of Jackson, State of Oregon, and more particularly described in Exhibit A, which is attached hereto and incorporated herein. Said conveyance is subject to the Grantee's approval of any exceptions that there may be to this conveyance, which approval shall not be unreasonably withheld. TO HAVE AND TO HOLD the above described and granted premises unto the said Grantee, its heirs and assigns forever. And the Grantors do covenant that they are lawfully seized in fee simple in the above granted premises, free from all encumbrances, except as hereinabove set forth, and that they will, and their heirs, executors and administrators, warrant and forever defend the above granted premises and every part and parcel thereof, against the lawful claims and demands of all persons whomsoever. This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regula- tions. 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. WITNESS OUR HANDS AND SEALS this .}~:~ day of December, 1986. STATE OF OREGON ) : County of JackSon) ss. -1- Warranty Deed IqEINALD L, -=;ALTER ATTORNEY AT LAW ~4 THIRD STREET AE~HLAND, E3REGDN 9?520 6"26244 Personally appeared the above named J. ERVIN TONEY and RUBY / E. TONEY, husband and wife, and acknowle~ged~ the foregoing instrument act and deed. Notary ~ublic for Oregon My Com~.ission Expires: -2- Warranty Deed R~NALD L. SALTER ATTORNEY AT LAW ~4 THIRD STREET ASHLAND,~RE~N 975~ 56~26244 EXHIBIT A Ail that certain real property situated in ~the County of Jackson, State of Oregon, being a portion of the Southwest Quarter of Section 13 and the Northwest Quarter of Section 24, Township 39 South, Range 1 East of the Willamette Meridian, being more particularly described as follows: Commencing at the Northwest corner of Donation Land Claim No. 54, thence South 89°47'07'' East, 1587.73 feet; thence South 00°12'53'' West, 30.00 feet to a 5/8 inch iron pin situated on the Southerly line of Crowson Road; thence along said Southerly line, South 89°47'07'' East, 451.71 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line South 89°47'07'' East, 15.03 feet to a 1/2 inch diameter iron pipe; thence leaving said Southerly line South 03°46'29'' West, 140.15 feet to a 1 inCh diameter iron pipe with 2 1/4 inch diameter head; thence South 68° 19'31" East, 134.85 feet; thence North 23°50'29'' East, 158.43 feet to a 1 1/8 inch iron bolt with 2 inch square head situated on Southwesterly line of State Highway No. 66; thence along said Southwesterly line South 60°07'31'' East, 231.30 feet; thence leaving said Southwesterly line South 28°52'47'' West, 317.85 feet; thence So~th 33°11'58'' East, 404.42 feet to a 3/4 inch iron pipe referred to as Point No. 1 on that survey recorded as no. 5562 of the Jackson County Survey Records; thence South 00°11'29'' West, 1402.57 feet to a 5/8 inch iron pin; thence South 89°06'42'' West, 1170.69 feet to a 5/8 inch iron pin; thence South 00°17'23'' West, 730~04 feet to a 5/8 inch iron pin situated on the Northeasterly line of Inter- state Highway No. 5; thence along said Northeasterly line North 26°38'59'' West, 1361.65 feet to a 5/8 inch iron pin; thence leaving said North- easterly line North 57°03'04'' East, 124.97 feet; thence North 31°44'21'' West, 504.82 feet; thence North 50°25'06'' East, 193.28 feet; thence South 32°15'11'' East, 162.37 feet; thence North 55°15'21'' East, 441.07 feet to a 5/8 inch iron pin; thence South 76°47'28'' East, 300.00 feet; thence North 20°58'41'' East, 616.67 feet; thence North 49°45'00'' East, 300.00 feet; thence South 74°00'00'' East, 131.44 feet; thence North 03°46'29'' East, 311.79 feet to the point of beginning containing 64.333 acres more or less. Acc. No. 39 1E 13C 101, 1000, 1100 ALSO AN EASEMENT FOR INGRESS ~{D EGRESS DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Donation Land Claim No. 54, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 89°47'07'' East, 1587.73 feet; thence South 00°12'53'' West, 30.00 feet to a 5/8 inch iron pin situated on the Southerly line of Crowson Road for the TRUE POINT OF BEGINNING; thence along said Southerly line, South 89°47'07'' East, 451.71 feet; thence South 03°46'29'' West, 33.30 feet; thence along the arc of a 20 foot radius tangent curve, concave to the Southwest, 32.66 feet, the long chord of which bears North 43°00'19'' West, 29.145 feet to a point of tangency; thence North 89~47'07'' West, parallel to and 12.00 feet southerly of (measured at right angles thereto) the Southerly line of Crowson Road, a distance of 436.58 feet; thence North 30°06'31'' East, 13.84 feet to the point of beginning~ate ot Oregon, County of J~k$on--~. ~./~- , The .~hin instrum~t received and fi]ed at y > o'clock //-. m. the c,~_~ ~day of ,~~19 '~ Recorded i _~..~"//~ , _Record~ for Jac~o~ County ~ re go~.~~~_~'~ ~~ _County Clerk. ASSIGNMENT OF LEASE This Assignment, made and entered into this >~ day of December, 1986, by and between J. ERVIN TONEY and RUBY E. TONEY, Husband and Wife, hereinafter referred to as "Assignor" and THE CITY OF ASHLAND, A Municipal Corporation of the State of Oregon, hereinafter referred to as "Assignee"; W I T NE S S E TH : THAT WHEREAS Assignor has conveyed certain real property more fully described within Exhibit "A" and in conjunction therewith is conveying to Assignee the Lessor's interest in a lease appurtaining to said certain real property; AND WHEREAS Assignee, having reviewed and become fami- liar with all of the terms and conditions of said lease, and desiring to acquire Assignor's interest in the said leased premi- ses and being willing to assume all of the obligations of Assignor under said lease; NOW THEREFORE, in consideration of the sum of Three Hundred Twenty Thousand Dollars ($320,000.00) for said conveyance and this assignment, the parties do hereby agree and bind themselves as follows: 1. ASSIGNMENT: Assignor hereby assigns, transfers and conveys unto Assignee all of the Assignor's interest in and to that certain lease agreement between Assignor as Landlord and Bob Miller as Tenant dated November 1, 1986 and the leased premises above mentioned. Assignor acknowledges that rents have been received from said Lessee for the period through and including December 31, 1986. It is agreed that Assignee shall be entitled to rents from and after said date. 2. ASSUMPTION: Assignee hereby accepts the subject assignment and assumes responsibility for performance of all of the obligations of Lessor under the subject lease. It is understood that Assignee shall hold Assignor harmless and indem- nify Assignor from and against any loss, claim, or liability asserted against Assignor as a result of any breach of said lease agreement subsequent to the date of this assignment. 3. ATTORNEY FEES: In the event of litigation rep- secting this Assignment the prevailing party shall be entitled to an award of attorneys fees incurred at trial or on appeal. This Assignment was prepared on behalf of Assignor. ASSIGNMENT OF LEASE Page One 86-387.1C LAW OFFICES OF DAVIS, AINSWORTH, PINNOCK, DAVIS & GILSTRAP. P,C, ASHLAND. OREGON 97520 (503) 482-3111 executed this IN WITNESS assignment WHEREOF, the parties have hereunto on the date a~ovement ion~d. AS S,A~f}N O R ASSIGNEE ASSIGNMENT OF Page One 86-387.2C LEASE LAW OFFICES OF' DAVIS, AINSWORTH, PINNOCK. DAVIS & GILSTRAP. P. C. 51S EAST MAIN STREET ASHLAND. OREGON 97520 (503) 482-3111 RBNALD L, SALTER ATTORNEY AT LAW ASHLAND, OREGON 97520 (503) 482-42 1 5 December 24, 1986 Ms. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Re: Oak Knoll Land Purchase Documents Dear Nan: For the City's records, enclosed is a copy of the Farm Lease, a copy of the Assignment of Lease, and a copy of the Contract between the City and the Toneys. By copy of this letter to Bob Nelson, copies are also being sent to him. Very truly yours, L. SALTER City Attorney RLS/pc Enclosures cc Robert Nelson FARM LEASE DATE: NOVEMBER 1, 1986 LANDLORD: ADDRESS: TENANT: ADDRESS: J. ERVIN TONEY and RUBY E. TONEY, Husband and Wife 86 Crowson Road Ashland, Oregon BOB MILLER P. 0. Box 783, Ashland, OR 97520 The parties agree as follows: SECTION 1. LEASE OF REAL PROPERTY Landlord leases to Tenant the following described property together with all improvements thereon, on the terms and conditions set forth herein: Portions of Assessor's Tax Lots 100, 101, 1000, 1100. Map 391 E 13C that are presently utilized by Tenant in his cattle grazing and feeding operation. SECTION 2. TERM The term of this Lease shall commence November 1, 1986 and shall continue through April 30, 1987. SECTION 3. RENT Tenant shall pay to Landlord as cash-rent those sums hereinafter set forth. Rent shall be payable on the first day of each month in advance at the address of Landlord indicated above or at such other place as may be designated by Landlord by written notice to Tenant. November 1, 1986 December 1, 1986 January 1, 1987 February 1, 1987 March 1, 1987 April 1, 1987 $ 300.00 150.00 150.00 150.00 150.00 300.00 TOTAL $1,200.00 FARM LEASE Page One 86-387.1 DAVIS. AINSWORTH, PINNOCK, DAVIS 8: GILSTRAP, P.C. ASHLAND, OREGON 97520 (503) 482-3111 SECTION 4. USE OF THE PREMISES The premises shall be used only for cattle grazing, feeding and related purposes. SECTION 5. MAINTENANCE OF THE PROPERTY; WASTE Tenant shall utilize the property in accordance with principles of good husbandry; shall conserve its resources; shall maintain fences and gates enclosing the subject premises and shall commit no waste whatsoever. SECTION 6. INDEMNITY Tenant shall indemnify and hold Landlord harmless from any and all claims of every nature which may arise from injury to person or property arising from the use of the leased property, except those resulting from Landlord's own negligence. SECTION 7. ASSIGNABILITY This lease is entered into in part because of the mutual respect and trust the parties have with each other. Tenant shall not, without Landlord's written consent, assign or sublet this Lease or the demised premises. SECTION 8. DEFAULT Should Tenant fail to do anything as required by this agreement, Landlord may terminate this lease by giving Tenant notice in writing specifying the Tenant's default. If Tenant shall not cure that default within ten (10) days, the lease shall automatically be terminated, and Landlord may reenter the property and take possession of it and remove all persons, cattle and other belongings of Tenant from the property. The right of termination and reentry given Landlord by this agreement shall be in addition to all other rights Landlord may have by law, including Landlord's right to declare all rents for the entire period due in full, and the right to sue for specific performance of the terms of this agreement. Landlord may proceed with more than one remedy at the same time, and if Landlord selects one remedy, it shall not preclude the choice of another remedy. FARM LEASE Page Two 86-387.2 I-AW OFFICES OF:' DAVIS. AINSWORTH. PINNOCK. DAVIS & GILSTRAP. P.C. ASHLAND. OF~EGON 97520 (503) 482-3111 SECTION 9. MISCELLANEOUS 1.) Time is of the essence of this agreement. 2.) I~ suit is necessary to enforce any term or provision of this agreement, the prevailing party shall be entitled to recover from the losing party such attorney fees and costs as may be awarded by the court. This award will include any attorney fees or costs awarded on any appeal. 3.) Waiver by the Landlord or Tenant of the strict performance of any term or covenant of this agreement, or of the timely payment of any rent due, or any right under this agreement, shall not be a continuing waiver. 4.) This contract shall bind the successors and assigns of the parties. This lease was prepared on behalf of Landlord. IN WITNESS WHEREOF, the parties have signed this lease as of the date first written above. LANDLORD: ~tt~hey in F~;~ TENANT FARM LEASE Page Three 86-397.3 LAW OFFICES OF DAVIS. AINSWORTH, PINNOCK. DAVIS & GILSTRAP, P.C. ASHLAND, OREGON 97520 (503) 452-3111 ASSIGNMENT OF LEASE This Assignment, made and entered into thisi~"~ day of December, 1986, by and between J. ERVIN TONEY and RUBY E. TONEY, Husband and Wife, hereinafter referred to as "Assignor" and THE CITY OF ASHLAND, A Municipal Corporation of the State of Oregon, hereinafter referred to as "Assignee"; W I TNE S S E TH : THAT WHEREAS Assignor has conveyed certain real property more fully described within Exhibit "A" and in conjunction therewith is conveying to Assignee the Lessor's interest in a lease appurtaining to said certain real property; AND WHEREAS Assignee, having reviewed and become fami- liar with all of the terms and conditions of said lease, and desiring to acquire Assignor's interest in the said leased premi- ses and being willing to assume all of the obligations of Assignor under said lease; NOW THEREFORE, in consideration of the sum of Three Hundred Twenty Thousand Dollars ($320,000.00) for said conveyance and this assignment, the parties do hereby agree and bind themselves as follows: 1. ASSIGNMENT: Assignor hereby assigns, transfers and conveys unto Assignee all of the Assignor's interest in and to that certain lease agreement between Assignor as Landlord and Bob Miller as Tenant dated November 1, 1986 and the leased premises above mentioned. Assignor acknowledges that rents have been received from said Lessee for the period through and including December 31, 1986. It is agreed that Assignee shall be entitled to rents from and after said date. 2. ASSUMPTION: Assignee hereby accepts the subject assignment and assumes responsibility for performance of all of the obligations of Lessor under the subject lease. It is understood that Assignee shall hold Assignor harmless and indem- nify Assignor from and against any loss, claim, or liability asserted against Assignor as a result of any breach of said lease agreement subsequent to the date of this assignment. 3. ATTORNEY FEES: In the event of litigation rep- secting this Assignment the prevailing party shall be entitled to an award of attorneys fees incurred at trial or on appeal. This Assignment was prepared on behalf of Assignor. ASSIGNMENT OF LEASE Page One 86-387.1C LAW OFFICES OF DAVIS, AINSWORTH, PINNOCK. DAVIS & GILSTRAP, P. C. 515 EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-31 I IN WITNESS WHEREOF, the parties have hereunto executed this assignment on the date ab~ovementione~. AS~IGNOR ~ ./ . ~ kSsISNEE ASSIGNMENT OF LEASE Page One 86-387.2C LAW OFfiCES OF DAVIS. AINSWORTH. PINNOCK. DAVIS & GILSTRA?. P. C. SI5 EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-3111 CONTRACT OF SALE THIS AGREEMENT, made and entered into this 16th day of December, 1986, by and between THE CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as "Purchaser", and J. ERVIN TONEY and RUBY E. TONEY, husband and wife, hereinafter referred to as "Sellers": WITNESSETH: The parties hereto agree as follows: 1. The Sellers hereby sell, and the Purchaser hereby purchases, the real property described on Exhibit A, which is attached hereto and incorporated herein, and also contains the description of an easement which is being sold to the Purchaser. As an intergral part of this conveyance, there is herewith assigned to Purchaser a certain Farm Lease dated November 1, 1986 between Sellers herein as Lessor and Bob Miller as Tenant. This assignment is effective this date. The parties acknowledge that this deal is consummated as of this date. 2. The price is THREE HUNDRED TWENTY THOUSAND DOLLARS ($320,000.00). It is to be paid to the Sellers by means of an immediate deposit into three savings accounts; one at Jackson County Federal Savings & Loan Association; one at Klamath First Federal Savings & Loan Association and one at Benjamin Franklin Savings & Loan Association, all at their Ashland, Oregon branches. Said accounts shall stand in the name of both the Purchaser and Sellers, so that the money may only be withdrawn by the signature of both Purchaser and Sellers. CONTRACT OF SALE PAGE ONE 86-387.4 DAVIS, AINSWORTH, PINNOCK, DAVIS & GILSTRAP, P. C. ASHLAND, OREGON 97520 (503) 482-31 ! ! The interest from the account shall be accumulated in the account until the date hereinafter mentioned. The first FIVE THOUSAND, SEVEN HUNDRED FIFTY DOLLARS ($5,750.00) of interest shall be paid to Sellers no matter what thereafter occurs. The principal and interest in this account, including the first $5,750.00, shall be released to the Sellers when and if the events hereinafter mentioned occur; and if they do not occur, then the principal and interest, except for the first $5,750.00, shall be returned to the Purchaser. The release of the funds from this joint account to the Sellers shall occur when all of the following events have taken place: A. Approval by the electorate of the City of Ashland of an increase in the motel/hotel tax by the City of Ashland, at an election to take place on March 31, 1987. B. When the title report is furnished and approval of same had by the Purchaser, which approval shall not be unreasonably withheld. In that regard, it is understood that the subject land has been classified as greenbelt land by the Jackson County Tax Assessor, and that there may be substantial taxes due if the land is converted from farm use to some other use. The responsibility for payment of such expenses is expressly assumed by Purchaser. Sellers at their expense agree to furnish to Purchaser an owner's policy of title insurance in the principal amount of CONTRACT OF SALE PAGE TWO 86-387.5 DAVIS. AINSWORTH. PINNOCK. DAVIS & $1LSTRAP. P.C. ASHLAND. OREGON 975;[0 (503) ,482-311! THREE HUNDRED TWENTY THOUSAND DOLLARS ($320,000.00), which shall show good and merchantable title in accord with the terms of this transaction. Sellers are excused from furnishing said title insurance policy until following procurement of the release from the Oregon State Veterans Administration of the latter's lien rights. C. Litigation, if any, filed involving either the Purchaser or the Sellers with respect to this transaction to be dismissed prior to May 1, 1987. All of the foregoing notwithstanding, Purchaser may waive any or all of the foregoing conditions. 3. The transaction will be deemed closed as of this date. As an integral part of this transaction, Sellers shall deliver to Purchaser their Warranty Deed subject to such provisions as are approved by Purchaser with such approval not to be unreasonably withheld. Purchaser shall effect recording of said Deed forthwith. 4. All of the foregoing notwithstanding, in the event that those conditions set forth within paragraph 2. above have not been met, then, at Purchaser's option, Purchaser may rescind this transaction by tendering a good and sufficient Warranty Deed to Sellers identical with that which Sellers had delivered to Purchaser; and may take the funds held as described within paragraph 2. above, except for the aforesaid first $5,750.00, CONTRACT OF SALE PAGE THREE 86-387.6 LAW OFFICES OF DAVIS. AINSWORTH. PINNOCK. DAVIS & GILSTRAP. P.C. ASHLAND. OREGON 97520 {503) 482o3111 which shall be the entitlement of Sellers. In the event that the conditions contained within paragraph 2. above have been met, then such right of rescission shall not be availed Purchaser. The entire proceeds referred to within paragraph 2. above shall be the entitlement of Sellers; provided, however, that it is recognized that there is owing by Sellers to the Oregon State Veterans Administration certain sums that must be paid preliminary to obtaining lien releases from that agency. Sellers must enter into an escrow arrangement with the said Veterans agency to have that portion of the sums which are the entitlement of Sellers required by said Veterans Administration in order for them to give their release of lien pertaining to this subject property delivered into escrow to be exchanged for the required lien release. This escrow arrangement shall be undertaken prior to release of funds. 5. Possession of the subject premises is delivered to Purchaser as of the close of escrow. This is reflected by the Assignment of Lease referred to within paragraph 1. above. 6. Real property taxes for the current year shall be prorated as of the close of escrow, with it being understood that in the event the transaction is rescinded, that the property tax proration shall also be rescinded, so as to put the parties in the position as though this transaction had never taken place. CONTRACT OF SALE PAGE FOUR 86-387.7 L, AW O~F'ICES OF DAVIS. AINSWORTH, PINNOCK, DAVIS & GILSTRAP, P.C. 515 EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-3111 It is understood that the property which is the subject matter of this transaction is presently under the greenbelt classification by the Jackson County Tax Assessor. Should this transaction cause acceleration of previously excused taxes for whatever reason, Purchaser shall be exclusively responsible for said accelerated tax. If the transaction is rescinded as provided above, then Purchaser shall not be responsible for any tax acceleration. 7. Sellers and Purchaser agree that the subject sale will be closed in escrow through the office of Ronald L. Salter as escrow agent, with the fee to be the same as that charged by Crater Title Insurance Company. Further, if this sale is rescinded, then the escrow fee will also be rescinded so as to place the parties in the position they would have been in if this transaction had never taken place. 8. The water rights on the land being retained by the Sellers shall be allocated in accord with the laws, rules and regulations of the State of Oregon and the County of Jackson. 9. It is understood that Ronald L. Salter is the attorney for the Purchaser, and that the Sellers are totally relying upon their own attorney for legal advice, and on their own accountant for all other advice relative to this transaction. 10. This instrument will not allow use of the property described in this instrument in violation of applicable land use CONTRACT OF SALE PAGE FIVE 86-387.8 DAVIS. AINSWORTH, PINNOCK, DAVIS 8: GILSTRAP, P.C. ASHLAND. OREGON 97520 (503) 482-3~ 1 ~ 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. For CITY OF ASHLAND MAYOR CONTRACT OF SALE PAGE SIX 86-387.9 LAW OFFICES DAVIS, AINSWORTH, PINNOCK, DAVIS & GILSTRAP, P, C, S15 EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-31 I EXHIBIT A Ail that certain real property situated in the County of Jackson, State of Oregon, being a portion of the Southwest Quarter of section 13 and the Northwest Quarter of Section 24, Township 39 South, Range 1 East of the Willamette Meridian, being more particularly described as follows: Commencing at the Northwest corner of Donation Land Claim No. 54, thence South 89°47'07'' East, 1587.73 feet; thence South 00°12'53'' West, 30.00 feet to a 5/8 inch iron pin situated on the Southerly line of Crowson Road; thence along said Southerly line, South 89°47'07'' East, 451.71 feet to the TRUE POINT OF BEGINNING; thence continuing along said Southerly line South 89°47'07'' East, 15.03 feet to a 1/2 inch diameter iron pipe; thence leaving said Southerly line South 03°46'29'' West, 140.15 feet to a 1 inch diameter iron pipe with 2 1/4 inch diameter head; thence South 68° 19'31" East, 134.85 feet; thence North 23°50'29'' East,.158.43 feet to a 1 1/8 inch iron bolt with 2 inch square head situated on Southwesterly line of State Highway No. 66; thence along said Southwesterly line South 60°07'31'' East, 231.30 feet;-thence leaving said Southwesterly line South 28°52'47'' West, 317.85 feet; thence South 33°11'58'' East, 404.42 feet to a 3/4 inch iron pipe referred to as Point No. 1 on that survey recorded as no. 5562 of the Jackson County Survey Records; thence South 00°11'29". West, 1402.57 feet to a 5/8 inch iron pin; thence South 89°06'42'' West, 1170.69 feet to a 5/8 inch iron pin';~thence South 00°17'23'' West, 730~04 feet to a 5/8 inch iron pin situated on the Northeasterly line of Inter- state Highway No. 5; thence along said Northeasterly line North 26°38'59'' West, 1361.65 feet to a 5/8 inch iron pin; thence leaving said North- easterly line North 57°03'04'' East, 124.97 feet; thence North 31°44'21'' West, 504.82 feet; thence North 50°25'06'' East, 193.28 feet; thence South 32°15'11'' East, 162.37 feet; thence North 55°15'21'' East, 441.07 feet to a 5/8 inch iron pin; thence South 76°47'28'' East, 300.00 feet; thence North 20°58'41'' East, 616.67 feet; thence North 49°45'00'' East, 300.00 feet; thence South 74°00'00'' East, 131.44 feet; thence North 03°46'29'' East, 311.79 feet to the point of beginning containing 64.333 acres more or less. Acc. No. 39 1E 13C 101, 1000, 1100 ALSO AN EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Donation Land Claim No. 54, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 89°47'07'' East, 1587.73 feet; thence South 00°12'53'' West, 30.00 feet to a 5/8 inch iron pin situated on the Southerly line of Crowson Road for the TRUE POINT OF BEGINNING; thence along said Southerly line, South 89°47'07'' East, 451.71 feet; thence South 03°46'29'' West, 33.30 feet; thence along the arc of a 20 foot radius tangent curve, concave to the Southwest, 32.66 feet, the long chord of which bears North 43°00'19'' West, 29.145 feet to a point of tangency; thence North 89°47'07'' West, parallel to and 12.00 feet southerly of (measured at right angles thereto) the Southerly line of Crowson Road, a distance of 436.58 feet; thence North 30°06'31'' East, 13.84 feet to the point of beginning.