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HomeMy WebLinkAbout2005-046 Warranty Deed - Roupp Lawyers Title Insurance Corporation 1400 Ashland Street Ashland, Oregon 97520 Tel: ( 541) 4 8 8 - 2240 Fax: 4 8 8 -1 786 03/17/05 City of Ashland 20 East Main Street Ashland OR 97520 Re: Escrow No. 40g0401880jb We are pleased to advise you that the above numbered escrow has been completed and we are enclosing your final closing documents. If you have not received the tax bill by November 1st, please contact the Tax Collector's office for payment information. If taxes are included in your monthly payment, the lender may receive the tax bill. We wish to thank you for this opportunity to be of service to you, and assure you that if you have any questions regarding the enclosures, we will be happy to assist you. If you sell or refinance this property within the next three years, come see us for a discount on the title insurance, up to 20%! SiiJ:ncerel:V Ja ie Baker Esc 0 Officer Enclosures Ii'\ ~ Jackson County Official Records 2005-014773 R-WID Cnt=1 Stn=4 SHAWBJ 03/17/200502:10:00 PM $10.00 $5.00 $11.00 Total:$26.00 I" II 1111111111111 01097230200500147730020025 40g0401880jb After recording return to: Lawyers Title Insurance Corporation 1555 E. McAndrews Road, Suite 100 . Medford OR 97504 Until a change is requested, all tax statements shall be sent to Grantee at the following address: 20 East Main Street Ashland OR 97520 L K~thleen S. Beckett, County Clerk for Jackson County, Oregon, certllV that the Instrument Identlned herein was recorded In the Clerk recon~s. Kathleen S. Beckett - County Clerk STATUTORY WARRANTY DEED Brad Roupp , Grantor, conveys and warrants to City of Ashland, a municipal corporation , Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibit "A" attached hereto and made a part hereof This property is free of encumbrances, EXCEPT: See Exhibit "A" attached hereto and made a part hereof The true consideration for this conveyance is $ 270,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. li(I1 rf/tlr{h, 2005. STATE OF OREGON, COUNTY OF Ii AJ1 fYJai The foregoing instrument was acknowledged before me this ~ day of -L1 :J/{,.YJ Brad Roupp QfI/!iIJ,J'1tvtJ;hu Notary Public for Oregon nVl~ 112M'} My commission expires j {vfJ- ( ~A/() Jackson rJrvC ,~,by . OFFICIAL SEAL JAMILA M. iBAKER NOTARY PUBLIC-OREGON .~ .",i COMMISSION NO. 379448 MY COMMISSION EXPIRES MAY 11, 2008 \ 40g0401880jb EXHIBIT A Parcel No. 1 (One) of Partition Plat recorded July 17, 1995, as Partition Plat No. P-50-1995 of "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the County Surveyor. (Code 5-01, Account #1-005594-4, Map #391E05DA, Tax Lot #2700) SUBJECT TO: 1. Perpetual easement, subject to the terms and provisions thereof, for telephone line, 2.0 feet in width, from Orrie A. Bateman, et al, to Pacific Northwest Bell Telephone Company, a corporation, recorded May 28, 1970 as No. 70-05436 of the Official Records of Jackson County, Ore90n, and as shown on that Minor Land Partition filed July 14, 1988 as Survey No. 11249 in Volume 8 page 54 of "Minor Land Partitions" in Jackson County, Oregon, and as shown on partition plat recorded July 17, 1995 as Partition Plat No. P-50-1995 in "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the Jackson County Surveyor. 2. Driveway easement, 15 feet in width, as set out by instrument recorded July 6, 1988 as No. 88-13240 of the Official Records of Jackson County, Oregon, and as shown on that Minor Land Partition filed July 14, 1988 as Survey No. 11249 in Volume 8 page 54 of "Minor Land Partitions" in Jackson County, Oregon, and as shown on partition plat recorded July 17, 1995 as Partition Plat No. P-50-1995 in "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the Jackson County Surveyor. (Affects northwesterly line) 3. Public Utility Easement, 15 feet in width, as shown on the Minor Land Partltion filed July 14, 1988 as Survey No. 11249 in Volume 8 page 54 of "IMinor Land Partitions" in Jackson County, Oregon, and as shown on partition plat recorded ,July 17, 1995 as Partition Plat No. P-50-1995 in "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the Jackson County Surveyor. (Affects northwesterly 1 ine) 4. Easement for ingress, egress, utilities and placement of signs over the northwesterly 25.0 feet of the herein described property granted by instrument recorded May 26, 1995 as No. 95-14172 of the Official Records of Jackson County, Oregon. 5. The Grantee herein agrees not to utilize the property for the location of any form of transient lodging for a period of five years from March 17, 2005. 1111#' Agreed to this ~ day of March, 2005 City of Ashland ~ by' ~Q _ W · \CS'(\('\ ~ · - \ ~ ... · . ~ LandAmerica - Lawyers Title 1400 Ashland Street Ashland, Oregon 97520 Tel: (541) 488-2240 Fax: 488-1786 BUYER/BORROWER ESTIMATED ESCROW STATEMENT Buyer(s)/Borrower(s) : City of Ashland Seller (s) : Brad Roupp Property Address: 430 N Main St Ashland OR 97520 Estimated Close of Escrow: 03/17/05 Escrow Officer: Jamie Baker Escrow No.: 40g0401880 (L) - Denotes Lender Deducted Fee Debits Credits CREDITS Earnest Money paid to seller...... ... ........ 20,000.00 DEBITS Purchase Price............................... County taxes paid in advance from 03/17/05 to 07/01/05............... 106 days at 4.551945 per day Recording of Deed............................ Title Insurance Premium to Lawyers Title Ins....................... Settlement or closing fee.................... 270,000.00 482.51 36.00 809.80 322.50 Refundable Deposit to Close Refund if not used............. .......... 50.00 Sub-totals 271,700.81 20,000.00 Balance due this company 251,700.81 TOTAL 271,700.81 271,700.81 You are instructed to make deductions, adjustments and disbursements as estimated above. Estimated amounts may be adjusted depending on date of close of escrow. If funds are insufficient to pay our closing costs, we agree to deposit sufficient funds for payment thereof. Dated: , ~ Received /) " ! /-;/1 { P , 20c6" LAWYERS TITLE INSURANCE CORPORATION BY~~ Jami Baker " ~ LandAmerica - Lawyers Title ESCROW INSTRUCTIONS ESCRO~1 NO. 40g0401880 jb DATE: March 16, 2005 OFFICER: Jamie Baker I;WE will hand you, or cause to be handed you sufficient funds to pay costs and prorations chargeable to buyer, as set forth on the Estimated Settlement Statement, and all BUYER documents necessary to comply with these instructions, WHICH YOU ARE AUTHORIZED TO USE WHEN YOU CAN ISSUE OR CAUSE TO BE ISSUED Owner's Standard Policy(ies) of Title Insurance in the amount(s) of $ 270,000.00 and $ insuring the undersigned buyer (and lender, if any) that title to the premises described in preliminary title report dated under Lawyers Title Insurance Corporation (L TIC) Order No. 40g0401880 (or other title company's, if so indicated on settlement statement) IS VESTED IN; City of Ashland, a municipal corporation S:JBJECT 1. 2. 3. ONLY TO: Usual printed exceptions, stipulations and conditic>ns in above form(s) of Policy. Taxes for the 2004-2005 fiscal year paid in full in escrow Covenants, conditions, restrictions, easements, risrhts and rights of way of record, if any, shown as items(s) 8-11 of title report above, a copy of which the undersisrned has RECEIVED AND APPROVED. Escrow holder makes no representation as to the sufficiency, validity or legal effect of tie foregoing recital and shall not be liable or responsible for the terminology which as been handed to you by the parties hereto, which is to be stated in the Warranty Deed being used in this transaction. "City agrees not to utilize the property for the location of any form of transient lodging for a period of five years from the date of closing." Recording of Trust Deed: Seller and Buyer understand that Buyer's lender may require the recording of its trust deed (or other security instrument) before delivery of loan funds to escrow. Seller and Buyer agree to and consent to this requirement. Seller and Buyer further authorize and instruct Escrow Agent to record Seller's: deed to Buyer concurrently with the trust deed (or other security agreement) to Buyer's lender. In the unlikely event that loan funds are not delivered to escrow, Buyer agrees to execute and deliver immediately to Escrow Agent a deed conveying th-e Property back to Seller, along with sufficient funds to record the deed, upon Lawyers Title's request, and L TIC s,all record said deed on behalf of Seller upon receipt. Fire Insurance: If required by lender, buyer(s) will provide fire insurance acceptable to lender. Escrow Agent shall have no liability and/or responsiblity with respect to the fire insurance. Continuing Obligations: Seller and Buyer acknowledge that they have continuing obligations to cooperate with Escrow Agent in good faith to e1able Escrow Agent to perform its duties under these instructions. Principals' obligations in this regard shall survive the closing of the transaction which is the subject of this escrow and shall include, without limitation, the obligation to return to Escrow Agent for proper disposition any funds, document or other property which for any reason is released improperly or mistakenly to Seller or Buyer. Adjustments: Escrow Agent may make adjustments to Seller and Buyer's preliminary settlement statement upon written or e-mail instruction, facsimile transmission or telephonic authorization (with subsequent written or fax confirmation) from Seller or Buyer. Mortgage Broker Fees: The lender's funds may include a fee paid by the lender directly to a mortgage broker. The lender may refer to these funds as a yield spread premium, a servicing release premium, or generally as a premium or fee paid to the mortgage broker. When paid outside of closing, this fee may appear on the sElttlement statement as "P.O.C." If funded into this escrow, the fee may appear by description but with no figure in an amount column or, depending on thelender's instructions, with amounts in a column for credits and charges. Buyer's Initial, Purpose of this escrow. Tie purpose of this escrow is to close a sale and purchase of Property. The sale and purchase is the subject of a written agreement between the Seller and Buyer, a copy of which Seller and Buyer, directly or through an agent or lawyer, has provided to Escrow Agent. Escrow Agent's duty: Escrow Agent's duty to Principals is to act in accordance with the Principal's iinstructions to Escrow Agent. By executing these instructions, Seller and Buyer acknowledge the following: Escrow Agent and its escrow staff are not authorized to offer and have not offered any advice to Seller or Buyer regarding the merits of this transaction or the nature of the instrumEmts utilized in this transaction. Funds: Disclosure Regarding Escrow Bank Account: rvONIES HANDED TO THIS COMPANY IN THIS ESCROW, along with monies received in all escrows with this company, deposited in non-interest bearing accounts. In consideration of these accounts, the bank provides benefits (i.e. escrow accounting services) which are passed on to our customers by not making additional charges for these services and in the calculation of our escrow fees. According to our 2000 figures, these benefits averaged $51.37 per individual closing escrow. Payment and Discharge of Liens; Authorization for Release of Trust Deed: Seller and Buyer authorize and instruct Escrow Agent upon closing to pay all liens being released or discharged through this 6scrowin accordance with the payoff statements or instructions received by Escrow Agent from the lien holders. Seller and Buyer authorize and instruct Escrow Agent to record or file the release or file the release or discharge documents upon receipt after closing, if not in Escrow Aglent's possession at closing. With respect to any trust deed loan satisfied through this escrow, Oregon law authorizes an alternative procedure for discharge, if Escrow Agent does not receive the appropriate reconveyance documentation from the lender in due course after payment. The alternative procedure, established by Oregon Revised Statutes (ORS) 86.720, permits Escrow Agent to process a "Release of Trust Deed." Seller authorizes Escrow Agent, at its discretion, to prepare, execute and record, in accordance with ORS 86.720, a Release of Trust Deed for any trust deed paid in full through tris escrow. Escrow Agent may apply any trust deed reconveyance fees, including trustee and recording fees, collected in this escrow as a reasonable fee for processing any corresponding Release of Trust Deed. Seller waives the statutory requirement for receipt of any Notice of Intention to Record Release. For any Release of Trust Deed processed by Escrow Agent, Seller assigns to Escrow Agent Seller's right of recovery under ORS 86.720(1) against the trust deed beneficiary. Seller's authorization to process a Release of Trust Deed does not prelude Seller from delivering to Escrow Agent, after the required passage of time, a separate written request under ORS 86.720 for release of any trust deed paid in full through this escrow and not reconveyed within 60 days of satisfaction. Small Overages: In the event that, after Escrow Agent performs the services authorized by the Buyer and Seller's instructions, funds of $5.00 or less remain in this escrow, Buyer and Seller authorize and instruct Escrow Agent to disburse these remaining funds to Escrow Agent as a charge for a supplemental post cllosing service and waive receipt of a settlement statement showing this charge. Seller's assurance regarding Property Liens. Seller represents and warrants to Buyer and to Lawyers Title that Seller has disclosed to Lawyers Title any and al; liens not shown on the Preliminary Title Report but personally known by Seller to affect the Property, including without limitation any and all construction liens. Contingencies of Sale and Purchase Agreement; Personal Property. Seller and Buyer agree and declare, by executing the documents necessary to close this transaction, that all contingencies of the sale and purchase agreement between Seller and Buyer have been met or will be met to their satisfaction, or, if not met, will be handled by and between Seller and Buyer outside of this escrow, and you are instructed to proceed with the closing of this escrow. Seller and Buyer agree and declare that Escrow Agent will have no responsibility or liability for any such contingency which has not been met. All matters pertaining to personal property, if any, whether included or excluded in this sale, will be handled outside of escrow unless expressly provided for otherwise in these instructions. Parties assurance regarding Outstanding Bills. Buyer and Seller herein acknowledge that all bills, including but not limited to, inspections and/or repair work have been paid and that there are no outstanding bills with regards to this transaction which need to be paid, unless expressly provided for otherwise in these instructions. The parties herE~by release escrow agent of any responsibility and/or liability in connection with bills which may be submitted after the close of this transaction. Prorations. MAKE ADJUSTMENTS/PRORATIONS BASED ON 365 DAY YEAR AS MARKED AS OF close of escrow (x) TAXES, except taxes on personal property not conveyed through this escrow, based on current fiscal year taxes. HOWEVER, in the event the escrow closes after July 1 and before current taxes are publicly posted, you are instructed to prorate the taxes based on the immediately preceding year's taxes unless the parties to the escrow furnish you with an amount mutually agreed to as a basis for the tax proration. () MOBILE HOME TAXES for current fiscal year (} INTEREST on existing encumbrances based on statement furnished to you (1 RENTS/SECURITY DEPOSITS based on information provided by the parties - BASED ON A 30 DAY MONTH (J RESERVE ACCOUNT to be reimbursed by buyer () HOMEOWNERS ASSOCIATION DUES ( ) INITIALS ~~_ ESCROW INSTRUCTIONS CONTINUED , GENERAL INSTRUCTIONS: You are authorized to deliver, prepare, obtain and record the necessary instruments to carry out the terms and conditions of this escrow. Signatures of the parties hereto on any documents or ag~eements prepared by you as escrow holder, or deposited in escrow from an outside source, shall constitute the complete approval of the terms, conditions and form of said documents. In the event the conditions of this Escrow have not been met by March 17, 21005 you are to complete the same at the earliest date thereafter, unless notice of cancellation IN WRITING is given by either party. Slould any controversy, INCLUDING REQUEST FOR CANCELLATION, arise bE~tween the parties hereto, or with any third person, you may refuse tp 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 a civil action by reason of this escrow, you shall be entitled to recover your attorney fees and costs or other expense that you in ;:)ood faith may incur. It is understood by Seller and Buyer that any unpaid charges for water service~, sewer service, waste collection, electricity, natural gas or other utilities and any inventory for fuel, if any, will be adjusted between Seller and Buyer outside of this escrow, except insofar as specifically provided for on the settlement statements. You are not required to ascertain compliance with any "consumer credit protection", truth in lending, or similar laVIs, and shall have no liability for loss or damage arising out of noncompliance with such laws. You shall have no liability or responsibility with regards to the compliance with any requirement of ORS 537.788 tc 537.793 (related to well information) or similar laws. These instructions may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery be deemed an original, and said c<?unterparts together shall constitute one and the same instrument. If requested, you may furnish copies of these instructions, supplements or amendments thereto, notices of cancellation, closing statements and loan documents to each parties respective real estate agent, and buyer's lender, if any named in this escrow. CLOSE OF ESCROW SHALL mean the date that documents, as required, are filed for record. The principals to this escrow are hereby notified that the funds deposited hen~in are insured only to the limit provided by Federal Deposit Insurance Corporation. All disbursements may be made by check of Lawyers Title Insurance Corporation, direct deposit or wire transfer. NO liCE IN ACCORDANCE WITH ORS 696.5Bl: I r IS UNDERSTOOD BY I HE PARTIES SIGNING THE ABOVE OH A IT ACHED INSTRUCTIONS THAT THE INSTRUCTIONS ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. By signature(s) hereunder, deposit of funds and/or documents as called for he~rein is made, and you are authorized to ~harge my account with buyer's usual charges, prorations, the demand for documents, AND COSTS AS SET OUT ON ESTIMATED SETTLEMENT STATEMENT. , \< -- FORWARDING ADDRESS: 20 East Main Street Ashland OR 97520 The undersigned SELLERS hereby approve the above instructions in their entirety, specifically including inGorporation of the GENERAL INSTRUCTIONS, and will hand you necessary documents to convey said property in accordance with the above instructions, WHICH YOU MAY USE when you hold for my/our account the total sales price LESS any amounts AS SET FORTH ABOVE. I agree to pay seller's usual char!~es, encumbrances necessary to place title in condition calle prorations, AND COSTS AS SET OUT ON ESTIMATED SETTLEMENT STATEMENT. ER ( S) : FORWARDING ADDRESS: ./005 D!1r 1/j5f{U Jitfl~ Mi [al!'fL, O~ q752D 40g0401880jb After recording return to: " Lawyers Title Insurance Corporation 1 555 E. McAndrews Road, Suite 100 Medford OR 97504 Until a change is requested, all tax statements sha[ be sent to Grantee at the following address: 20 East Main Street Ashland OR 97520 STATUTORY WARRANTY DEED Brad Roupp , Grantor, conveys and warrants to City of Ashland, a municipal corporation , Grantee, the fOllowing described real property free of encumbrances except as specifically set forth herein: See Exhibit "An attached hereto and made a part hereof This property is free of encumbrances, EXCEPT: See Exhibit "A" attached hereto and made a part hereof The true consideration for this conveyance is $ 270,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this day of , 200_. STATE OF OREGON, COUNTY OF The foregoing instrument was acknowledged before me this Brad Roupp day of , by Notary Public for Oregon My commission expires C .:~,:,...,~,d"_ i " ..I ,-</<"s,.. "'t,J ~~ -! ~ , < , ~~,~~- '-~-..~. . . ""-'~'" ." "-"_"__m___ ~""'''~'''''''''''''''''"'-'--.........-..-_-~,.~_r.',..:n_____~,____ 40g0401880jb EXHIBIT A Parcel No.1 (One) of Partition Plat recorded July 17, 1995, as Partition Plat No. P-5)-1995 of "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the County Surveyor. (Code 5-01, Account #1-005594-4, Map #391E05[~, Tax Lot #2700) SUBJECT TO: 1. Perpetual easement, subject to the terms and provlslons thereof, for telephone line, 2.0 feet in width, from Orrie A. Bateman, et aI, to Pacific Northwest Bell Telephone Company, a corporation, recorded May 28, 1970 as No. 70-05436 of the Official Records of Jackson County, Oregon, and as shown on that Minor Land Partition filed July 14, 1988 as SUr-ley No. 11249 in Volume 8 page 54 of "Minor Land Partitions" in Jackson County, Oregon, and as shown on partition plat recorded July 17, 1995 as Partition Plat No. P-50-1995 in "Record of Partition PlatslJ in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the Jackson County Surveyor. 2. Driveway easement, 15 feet in widt~, as set out by instrument recorded July 6, 1988 as No. 88-13240 of the Official Records of Jackson County, Oregon, and as shown on that Minor Land Partition filed July 14, 1988 as Survey No. 11249 in Volume 8 page 54 of "Minor Land PartitionslJ in Jackson County, Oregon, and as shown on partition plat recorded July 17, 1995 as Partition Plat No. P-50-1995 in IJRecord of Partition PlatslJ in Jackson County, Oregon, and filed as Survey No. 14586 in the Office of the Jackson County Surveyor. (Af:ects northwesterly line) 3. Public Utility Easement, 15 feet in width, as shown on the Minor Land Partition filed July 14, 1988 as Survey No. 11249 in Volume 8 page 54 of IJMinor Land Partitions" in Jackson County, Oregon, and as shown on partition plat recorded July 17, 1995 as Partition Plat No. P-50-1995 in "Record of Partition Plats" in Jackson County, Oregon, and filed as SU~ley No. 14586 in the Office of the Jackson County Surveyor. (Affects northwesterly line) 4. Easement for ingress, egress, utilities and placement of signs over the northwesterly 25.0 feet of the herein described property granted by instrument recorded May 26, 1995 as No. 95-14172 of the Official Records of Jackson County, Oregon. 5. The Grantee herein agrees not to utilize the property for the location of any form of transient lodging for a period of five years from March 17, 2005. J i nf1'1 Agreed to this ~ day of March, 2005 by: " ....