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Home My WebLink About2004-230 Donation Agrmt-Burnson CONVEYANCE AGREEMENT REGARDING DONATION OF REAL PROPERTY DATE: September, 2004 PARTIES: City of Ashland, Oregon, including the Ashland Park and Recreation Commission ("City"), and William David Burns, who took title as William David Burnson, and Katrina Son, who took title as Katrina Burnson ("Donors"). RECITALS: A. Donors desire to donate property to the City for the purpose of open space. The property to be donated is parcel 2 of Partition Map No. P-29-2004, filed on Page 29, Volume 15, of the Records of Partition Plats in Jackson County, Oregon. The donated portion is further referred to in this agreement as the "open space property." B. City recognizes that such donation is a significant benefit to the City and it will greatly enhance its open space program. In recognition of such benefit, City agrees to perform certain acts and waive certain fees in order to effect the transfer of the donated portion of the property. AGREEMENT City and Donors agree: 1. Donation. Donors will convey the open space property to the City for open space nature preserve and park purposes in exchange for City's compliance with the terms and conditions herein. 2. Obligations of City. 2.1. Survey. City caused the open space property to be surveyed to provide a precise legal description for the open space property and the buildable property. The City performed the survey at the expense of the City. 2.2. Partition. City processed a partition of Tax Lot 704 to partition the property into the open space property and the buildable property. 2.3. Waiver of Parks SDC. City will waive the Parks Systems Development Charges for development of a single family home on the buildable parcel. 2.4. Waiver of Application Fee. City will waive the application fee for a Physical and Environmental Constraints Permit and Variance for construction of a single family home and driveway on the buildable parcel. 2.5 Naming of the Open Space Property. City agrees to name the open space property which is the subject of this agreement the Adam and Sara Joy Nature Preserve. 2.6 Naming of Walkway. City agrees to name the walkway accessing the property from Granite Street the Adam and Sara walkway. PAGE I-CONVEYANCE AGREEMENT G:\legal\Mike\Real Property\Bums donation agreement.doc 2.7 Art Along Walkway. City agrees to allow public art to be placed along the Adam and Sara walkway in their memory. 3. Closing. Closing shall take place on or before September 30, 2004, (the "Closing Daten), at the offices of Lawyer's Title Insurance Corp., 1400 Ashland Street, Ashland, Oregon. 4. Preliminary Title Report. Within 10 days after full execution of this AgreHment, City shall order at City's expense, a preliminary title report showing the condition of title to the properties, together with copies of all exceptions listed therein (the "Title Report"). City will have 10 days from receipt of the Title Report to review the Title Report and to notify Donors, in writing, of City's disapproval of any exceptions shown in the Title Report. Those exceptions not objected to by City are referred to below as the "Permitted Exceptions." Zoning ordinances, building restrictions, taxes due and payablH for the current tax year, and reservations in federal patents and state deeds shall be deemed Permitted Exceptions. If City notifies Donors of disapproval of any exceptions, Donors shall have 15 days after receiving the disapproval notice to either remove the exceptions or provide City with reasonable assurances of the manner in which the exceptions will be removed before the transaction closes. If Donors do not remove the exceptions or provide City with such assurances, City may terminate this Aglreement by written notice to Donors given within 15 days after expiration of such 15-day period, in which event the earnest money shall be refunded to City and this Agreemen1t shall be null and void. 5. Deed. On the Closing Date, Donors shall execute and deliver to City a statutory warranty deed conveying the open space property to City, free and clear of all liens and encumbrances except the Permitted Exceptions. City agrees the warranty deed may contain a condition subsequent clause that in the event the City shall cease to use the property for open space/nature preserve purposes, title to the property shall transfer to the Nature Conservancy, Oregon Chapter. 6. Taxes; Prorates. Real property taxes for the current tax year, insurance premiums (if City assumes the existing policy) and other usual items shall be prorated as of the Closing Date. 7. Possession. City shall be entitled to possession immediately upon closin!;]. 8. Donors' Representations. Donors represent and warrant to City as follo\~s: 8.1.Donors have received no written notice of any liens to be assessed against the properties. 8.2. Donors have received no written notice from any governmental agency of any violation of any statute, law, ordinance, or deed restriction, rule, or regulation with respect to the properties. 8.3. The properties have never been used for the storage or disposal of any hazardous material or waste. There are no environmentally hazardous materials or wastes contained on or under the properties and the properties have not been identified by any governmental agency as a site upon which environmentally hazardous materials or wastes have been or may have been located or deposited. All representations and warranties contained in this Agreement will sllrvive closing and the conveyance of the properties to City. PAGE 2-CONVEY ANCE AGREEMENT G:\legal\Mike\Real Property\Bums donation agreement.doc 9. Binding Effect. This Agreement is binding on and will inure to the benefit of Donors, City, and their respective heirs, legal representatives, successors, and assigns. 10. Notices. All notices and communications in connection with this Agreement shall be given in writing and shall be transmitted by certified or registered mail, return receipt requested, to the appropriate party at the address first set forth above. Any notice so transmitted shall be deemed effective on the date it is placed in the United States mail, postage prepaid. Either party may, by written notice, designate a different address for purposes of this Agreement. 11. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LA\'VS AND REGULATIONS, WHICH, IN FARM ()R FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. 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 AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 12. Donation Acknowledgment for Tax Purposes. City is a qualified chari1table donee under I RC 9 170( c) and will provide to Donors a written record of the property donated to the City pursuant to this agreement in the amount of $ ~ JtJZ ~ i?~~ ..OL.) . 13. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the properties. This Agreem'ent supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties. This Agreement may not be modified or amended except by a written agreement executed by both parties. Donors: David Burns Katrina Son City: Gino Grimaldi Dated: 20 Sept., 2004 PAGE3-CONVEYANCEAGREEMENT G:\legal\Mike\Real Property\Bums donation agreement.doc STATE OF OREGON ) COUNTY OF JACKSON ) This instrument was acknowledged before me on 10-14-04 by David Burns. . OFFICIAL SEAL . . KRISTA K. GONZALES .....z NOTARY PUBLIC-OREGON , COMMISSION NO. 381219 MY COMMISSION EXPIRES MAY 26, 2008 STATE OF OREGON ) COUNTY OF JACKSON ) ~ \v\~ 2bJ 2mB This instrument was acknowledged before me on V; - ~o - 0 I- by Katrina Son. . OFFICIAL SEAL . '. SONJA N AKERMAN ~. i NOTARY PUBLIC - OREGON ..... ...... COMMISSION NO, 355829 ". ..' MY COMMISSION EXPIRE S APRil 6. 2006 ~,<I:~~ ' PAGE 4-CONVEY ANCE AGREEMENT G:\legal\Mike\Real Property\Bums donation agreement.doc 'vX.~~ Nota~ blic for Oregon My commission expires: t.j-- {y - of-