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HomeMy WebLinkAbout1995-017 R.E. Option - GeorgeREAL ESTATE OPTION GRANTORS: MONTE C. GEORGE AND JUDY A. GEORGE, husband and wife, as tenants by the entirety. GRANTEE: City of Ashland, Oregon, Grantors and Grantee acknowledge that this agreement is the result of a settlement arrived through mediation to resolve the condemnation action referred to in paragraph 6.3 below and that the city council must approve the terms of the option before the option may be exercised as provided in paragraph 5 below. 1. GRANT OF OPTION: Grantors, in consideration of the offer to the Grantors and $1 paid in cash by CITY of ASHLAND, OREGON, receipt of which is acknowledged, grant to Grantee, upon the following terms, the option to terminate, through release and quitclaim to the City, the easement described on the attached Exhibit A. 2. Duration: City shall have the irrevocable right at anytime within 60 days from the date this option is signed by Grantors to exercise this option and purchase the easement. 3. Required Deed: Upon exercise of the option by City, Grantors agree to deliver a duly executed and acknowledged quitclaim deed releasing and conveying the above described easement. 4. Purchase Price: If City exercises this option, the purchase price for the easement shall be $1,000, with $1.00 to be paid upon delivery of the deed and the remainder to be considered paid by city in lieu of city charging for systems development charges and connection fees should Grantors connect to the city's water system as provided in paragraph 6. 5. Exercise of Option: This option shall be exercised, if at all, by written notice given by the City Administrator, or his designee, that the city council has approved of this option. The notice shall specify that City has elected to exercise this option. 6. Other considerations: If the option is exercised, City shall: 6.1. Grant to Grantors an easement as described on the attached Exhibit B. The easement shall contain the following language: In the event that the water from the current well supplying water on the George property for domestic purposes is made unfit for domestic consumption or the volume is diminished below five gallons per minute because of activities which occur on the Ashland Municipal Airport, city shall make water available to the George property through its municipal water system. Provided, however, city shall have no obligation to supply water if the activity at the airport precipitating the city's obligation is an activity caused, or participated in, by the PAGE 1-OPTION Ip:real\geor[le2,opt} Georges, their agents, assigns or their successors in interest to the George property. City shall make such water available at the property line of the George property. City shall be responsible only to make available to Georges such water at such pressure as may be available at the point of delivery as a result of city's normal operation of its water distribution system. All water delivered under the terms of this agreement shall be supplied and charged for in accordance with the city's rules and regulations applicable to general water service outside the city. 6.2. Have Jackson County place an appropriate sign or signs to advise the travelling public on Dead Indian Memorial Road of the intersection of the easement with the county road. 6.3. Dismiss the pending condemnation case against Grantors at no cost to Grantors. 6.4. Not require Grantors to pay systems development charges or connection fees if connection to the city's water system is made under this agreement. GRANTORS: CITY OF ASHLAND: DATED ~-~, ,1995. DATED ,;2 -/¢ , 1995. MONTE C. GEORGE r~ JU~DY ~f GEORGE ./' City Administrato, r,-'~'/ PAGE 2-OPTION (p:real\george2.optl EXHIBIT 'A' EASEMENT DESCRIPTION (Easement to be Terminated) An easement for ingress and egress granted to George F. Ward, Jr. and Eleanor O. Ward and to Monte C. George and Judy A. George, 60 feet in width extending through the Ashland Municipal Airport property from Dead Indian Memorial Road to the easterly boundary of the Monte and Judy George property as said property is described in that deed recorded as instrument number 75-09412 of the Jackson County Deed Records. The 60 foot wide easement was originally granted on a deed recorded as instrument no. 67-07400 and further perpetuated on the various instruments recorded as follows: 68-09413, 68-09414, 71-13933, 75-09410, 75-09411 and 89-11525 of said Jackson County Deed Records. City of Ashland Public Works Department M Engineering Division EXHIBIT A strip of land 30 feet in 'width over and across that tract of lantl as depicted on the Map of Survey filed as Survey Number 12088, with the Jackson County Surveyor's Office, located in the Southeast Quarter of Section 11, Township 39 South, Range I East, of the Willamette Base and Meridian, Jackson County Oregon, lying 15.00 feet on each side of the following described centerline. Beginning at a point on the centerline of Dead In./:lian Memorial Road which bears North 00° 15' 24' East, 2,4.2.6.53 feet along the centerline'of said mad from the East, South East comer of Donation Land Claim No. 52; Thence Nofl. h 89* 44' 36' West, a distance of 30.00 feet to a poiht on the westerly right-of-way line of Dead Indian Memorial Road for the True Point of Beginning; Thence South 89* 44' 36' West, 122.27 feet; Thence along the arc of a' 100.00 foot radius curve to the right, which has a long chord that bears North 64° 13' 51' West, 86.14 feet, a distance of 89.06. feet; Thenc~ Norfh 38° 43' 06'. West, 399.82 feet; Thence along the arc of a 200.00 foot ra.dius curve to the left, which has a long chord that bears North 61' 56' 41' West, I57.75 feet, a distance of'I62.15 feet; Thence North 85°. '10' 16' West, 415.89 feet; Thence.along the are of a 150.00 foot radius curve'to the left, which has a long chord that bears South 65° 01' 25' West, 149.12 feet, a distan.ce of 156.06 feet; Thence South 35° '13' 07' West, 13.42 feet; Thence. along the arc of a 150.00 foot radius curve to the right, which has a long chord that .bmrs South 88°. 39' 48~ West, .240.98 feet;.a distance of 279.84 feet; Thence North 37° 53' 31' West,' 31.61 feet to an intersection with the most westerly property line of the above said filed Survey No. 12088, which point bears 'North 15° 07' 44' East, 34.27 feet, from' the most westerly property comer, for the point of terminus of this easkment. The sidellmes of said 30 foot wide strip of land'shall be extended or' shortened as required to close upon the said westerly property line.