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HomeMy WebLinkAbout2011-249 Water Rights Conveyance - Ashland Flower Shop Jackson County Official Records 2011-029804 R-WTR Cn1=1 SHAWBJ 09/2712011 01:14:45 PM S20.00$10.00 S5.00$11.00 S15.00 Total:$64.00 53.00 IIIIIIII 01499601201 10029804004004 I,Christine Walker,County Clerk for Jackson County,Oregon,certify that the instrument Ide1t10ed herein was recorded in the Clark records. Christine Walker-County Clerk FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: WATER RIGHTS CONVEYANCE NAME OF PARTIES: GRANTOR: GRANTEE: CITY OF ASHLAND Barbara Christensen, City Recorder DOCUMENT TO BE RETURNED TO: JAMES H. OLSON, CITY SURVEYOR CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 TRUE & ACTUAL CONSIDERATION: $ 21,500 UNTIL A CHANGE IS REQUESTED, BARBARA CHRISTENSEN SEND TAX STATEMENT TO: CITY RECORDER CITY OF ASHLAND 20 E. MAIN STEET ASHLAND OR 97520 WATER RIGHTS CONVEYANCE AGREEMENT THIS agreement is made and entered into this 1 day of e ' 2011, by and between Ashland Flower Shop and Green Houses Inc, hereinafter referred to as Assignor,and the City of Ashland, hereinafter referred to as Assignee. WITNESSETH: WHEREAS,the Assignor possesses water rights located within the boundary of the City of Ashland; and WHEREAS, it is the desire of Assignor to remove the water rights from the property; and WHEREAS, it is the desire of the Assignee to use said water rights for municipal purposes within the boundary of the City of Ashland; NOW,THEREFORE, in consideration of the covenants and agreements contained herein,the Assignor and Assignee agree as follows: 1. Assignor represents and warrants that said water rights are free of encumbrances and he has full right and lawful authority to sell and convey said water rights, subject to the rules and regulations of the Oregon Water Resources Department. 2. For and in consideration of the sum of$21,500 Assignor does hereby sell, convey and assign all right, title and interest to Assignee the right to the use of 4.3 acres water right as provided in Section 1. above and as the same is attached and/or appurtenant to property more properly described as Parcels 1, 2 and 4 of Partition Plat P-66.2008 recorded November 18, 2008 in the Record of Partition Plats in Jackson County, Oregon, and as filed as Survey No. 20231 in the office of the County Surveyor. Payment shall be made in the amount of$21,500 at the time of execution of this Agreement. Page 1 Q 3. Although good and valuable consideration is as provided in Section 2.above,the conveyance of the water rights and the final payments to be made herein are contingent on approval of the transfer of the water rights by Oregon Water Resources Department. 4. All costs associated with the transfer application, including but not limited to the preparation of the transfer application and maps and all fees levied by Oregon Water Resources Department shall be the sole responsibility of Assignee. 5. If for reason of denial of the transfer by the Oregon Water Resources Department Assignor will refund the full amount deposited to the Assignee and Assignee will convey what rights water rights it has under this Agreement back to Assignor under a new agreement. A. Both Parties shall hold the other harmless or free from liability for any, if any, losses or change of water rights status which might occur as a result of the process or Parties' attempt to convey water rights under this Agreement. 6. If Assignee chooses to not proceed with the transfer of the water rights, the deposit will be forfeited in its entirety. 7. In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid,such invalidity shall not affect any other provision of this Agreement. 8. This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect.This Agreement shall not be modified except by a writing executed by both parties hereto. 9. This Agreement and all other transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Oregon.The Parties agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Jackson County, State of Oregon. In the event that litigation results from or arises out of this Agreement or the performance thereof,the Parties agree to reimburse the prevailing party's reasonable attorney's fees, including attorneys'fees on appeal, court costs, and all other expenses,whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. 10. The Covenants and agreements contained herein are binding upon the parties hereto and their respective heirs,successors, legal representatives and assigns, as the case may be. 11. Neither party may assign the Agreement.without the express written consent of the other. 3 Page 2 IN WITNESS WHEREOF this Assignment has been signed, sealed, and delivered by Assignor and Assignee as of the day and year first above written. "Assignor Ashland Flowe op an reen Houses, Inc. "Assignee City of Ashla d, City Ad Inistrator 6 ved as to Form D as M.McGeary Attorney,City of Ashland OFFICIAL SEAL JAMES H OLSON STATE OF OREGON NOTARY PUBLIC-OREGON County of Jackson MY COMM SSION E>°IRES MARCH 28,PO15 This instrument was acknowledged before me on.A!/ 2011, by Greg Williams dba Ashland Flower Shop and Greenhouses, Inc. SIOZ'SZ H38VR S3HIdX3 NOISSI10I1103 AN 11,0LL9 11, 'ON NOISSIWWOO NOE)Mdo-onandALIVlON N t Public—Oregon NOSIO H Saw M commission expires: /s 1V3S IVIQIAJO STATE OF OREGON County of Jackson This instrument was acknowledged before me on 2011, by Martha Bennett as City Administrator for the City of Ashland, OFFICIAL SEAL Notary Public—Oregon DIANA R SHIPLET My commission expires: �b '1 OLO NOTARY PUBLIC-OREGON , COMMISSION"NO.4 5413 5 MY COMMISSION EXPIRES NOVEMBER 28,2014 Page 3