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HomeMy WebLinkAbout1983-021 Agrmt - Ashland IndustAGREEMENT THIS AGREEMENT, entered into this ~ ~/~ day of Lc ~'~._.~-2 ~ , 1983, by and between the CITY OF ASHLAND, a municipal corporation, hereinafter called "City" and ASHLAND INDUSTRIAL DEVELOPMENT CORPOP~ATION, hereinafter referred to as "Owner". WITNESSETH: RECITALS: 1. The Ashland Industrial Development Corporation is considering purchasing land described on Exhibit "A" hereto which is hereby incorporated herein, which land is all on the above described tax lots. 2. Said Ashland Industrial Development Corporation was formed primarily for the promotion of Ashland's economy. 3. The City of Ashland has over 150 acres in the area between the railroad tracks and the freeway that are designated for industrial use. The development of this land is critical to the implementation of the Comprehensive Plan and the development of the remaining industrial land. 4. The sujbect land is the gateway to a very large area, and the proper development of the subject land will have a major impact in Ashland for many, many years, far beyond the 20-year planning period. 5. Ail parties hereto agree that it is their primary intent that the land will be developed as a business park and with employment generating uses. THINGS TO BE DONE BY OWNER: 1. The owner of the ]_and described herein and the City both agree to the truth of the foregoing recitals. 2. To fully develop the land in accord with the subdivi- sion plat on file with the City in Planning Action #83-01 before any other use of the land is made whatsoever. 3. It is expressly agreed and understood that the condi- tions set forth herein (but not the recitals) shall be considered a restriction upon the use to be made of the land by the present owners and their heirs, successors and assigns until the land has been RfINALD L. SALTER ATTORNEY AT LAW -1- Agreement ,4 THIRD STREET ASHLAND, nREGON 9752{3 I I i developed as set forth above and until the annexation fee as set forth hereinafter is paid in full to the City. It is expressly understood that said conditions and restrictions are to run with the land and to be a burden thereon. 4. Pay to the City at or before time that a building permit is issued an annexation fee of $.05 per square foot, said fee to cover the lot upon which the building permit is to be utilized and one-half of the adjacent streets except for the streets shown as Washington Stre~ on the preliminary plat. It is agreed that the tax lot owners shall not be entitled to a building permit until such fee is paid in full. THE CITY OF ASHLAND, by and through its officials MAYOR By: CITY RECORDER THE ASHLAND INDUSTRIAL CORPORATION PRESIDENT SECRETARY STATE OF OREGON ) : SS County of Jackson) ~ - On this ~ day of _~£~ / ~ , 1983, before me appeared GORDON MEDARIS and NAN FRANKLI both to me personally known who being duly sworn did say that he, the said GORDON MEDARIS, is the Mayor, and she, the said NAN FRANKLIN, is the City Recorder, of the City of Ashland, and within named Municipal Corporation, and the said GORDON MEDARIS and NAN FRANKLIN each acknowledges to me that the said Agreement was the free act of said City. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. /'i' Notary Public for. ~e~t$$~0N ~_~_~ ~,:,:~:. ~,, RSNALD~t~ ~~sion expires: ' ~ ..... -2- Agreement ATTORNEY AT LAW 94 THIRD ~TREET A~HLAND, OREGON 9752G STATE OF OREGON ) : ss. County of Jackson) On this ~ day of ~.~c~. , 1983, before me the under- signed, a Notary P-~ic in and '~r sai~ County and State, personally appeared the within named ~-j~/~.~ .~ ~, President, of ASHLAND INDUSTRIAL DEVELOPMENT CORPORAtTION and th~ within named~c~~ ~. ~..~, Secretary of ASHLAND INDUSTRIAL DEVELOPMENT CORPORATION,\ who are known to me to be the idential individuals who executed the within instrument having acknowledged to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. Notar~-Publi~for 0~gon My Commission expires: ~/~ -3- Agreement RI-INALD L. -~ALTER ATTORNEY AT LAW 94 THIRD STREET A~HLAND, n~EGON 9~;5~0 II EXHIBIT "A" SWAIN SURVEYING, INC. 27'/; North Mare Street, Suite 9 ASHLAND, OREGON 97520 LAND DESCRIPTION Cor~nencing at the Northeast corner of the Southwest quarter of the Northeast quarter of Section 14, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon; thence West along the Northerly boundary line of that tract or parcel of land as set forth in Volume 335, page 321 of the Deed Records of Jackson County, Oregon, 438.0 feet to the Northwest corner thereof and being the True Point of Beginning; thence South 00°17' West along the Westerly boundary line of that tract or parcel of land as set .forth in that Volume and Page hereinabove referred to, 130.0 feet to the Southwest corner thereof; thence South along the Easterly boundary line of that tract or parcel of land as set forth in Document No. 79-00536 of the Official Records of Jackson County, Oregon, to a point in the Northeasterly right of way of the Southern Pacific Railroad; thence Southwesterly and at right angles to the existing centerline of said railroad, to a point in the Southwesterly right of way thereof; thence Northwesterly along said Southerly railroad right of way, to intersect the Westerly boundary line of the Northeast quarter of Section 14, said Township and Range; thence Northerly along said Westerly boundary line, to a point of intersection with the Southwesterly right of way of Clover Lane, as set forth in Document No. 72-00467 of the Official Records of Jackson County, Oregon; thence Southeasterly and Easterly along the Southerly right of way of Clover Lane, as set forth in Document 72-00467 of the Official Records of Jackson County, Oregon to a point of intersection with the Southwesterly right of way of Interstate Highway No. 5, as now monumented; thence Southeasterly along said Southwesterly right of way, to an intersection with the Northerly boundary line of that tract or parcel of land as set forth in Volume 335, page 321 of the Deed Records of Jackson County, Oregon; thence leaving said Interstate right of way, West along the Northerly boundary line of that tract or parcel of land last recited, to the point of beginning. Subject to any and/or easements and/or rights of way of record and those apparent on the land. Ashland Industrial Development Corporation 1627 Ashland Street Ashland, Oregon 97520 February 17, 1983 This description prepared from documents of record and not from an actual survey. This description shall be revised to reflect the final results of an actual survey, which is now pending.