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Home My WebLink About1905-001 Option to Purchase - Virgin A 05-01 v G ~7 1,7 -PI-W,d A - t r OpTIOI" TO PURCHASE. tlhereas, I, W.J.Virgin, of Ashland, Oregon, am the owner of the tract of land in the City of Ashland, Oregon, purchased by Virgin and Jacobs of Fordyce Roper, known as the Ashland Flouring Milf Tract, together with the flouring mill and all machinery appurtenant thereto or connected therewith, and all the barns, warehouses, and store houses, situated thereon, and any and all the water rights and ditch rights pertaining to the said property and flouringhmill plant; and whereas the City of Ashland, through its officers as requested me to submit to said city a proposition as the price and terms upon which I would sell the said tract and flouring mill plant and all thereof, to the said city, the said city desiring to purchase the same in order to more iffectually secure and control the waters of Ashland Creek for its city water system: Now therefore in compliance with the said request, I do hereby make to the said city in reia for tx.ereto -t-re- r0_1TCY 1ng_ proposition. I do hereby give and grant to the said city an option to pur- chase said tract, ditch rights, water rights, and the said flouring mill plant and its appurtenances, for the period of three months from the date hereof for the full sum of Sixteen Thousand Dollars, subject to the following conditions. The said city shall pay to me for such option the sum of One Hundred Dollars in cash, and in case the purchase is completed within said three months the said One Hundred Dollars to be credited on the purchase price of w16000.00; but if such purchase is not made said $100 to be forfeited to me in consideration of said option. In case the city purchases said property and makes full payment thereof as above provided within said three months, I agree and bind myself, my heirs and assigns, to give and execute unto said city a full warrantye deed of the said property, end a bill-of sale of the mill appliances, and all free and clear of any and all leins, claims, or encumbrances, And will furnish a complete abstract of title to said tract. In further consideration to myself I am to have a lease of t_:e said flouring mill plant from the said city for the term of fif~fl0 - years from the date of such transfer, such lease to cover only such surplus water as the city may not use, neither shall it cover the vacant land west of the mill and warehouse in case the city should desire to use the same, except as to the drive ways on the west side of the mill and to the ware$ouse and barn. ' In consideration of such lease I am to pay to the city the sum of Six Hundred Dollars per year rent, payable by me Three Hun- dred Dollars semi-annually in advance, I to keep the said mill, machinery, and appurtenances in repair at my oven expense, and add thereto such new machinery and appliances as the successful running of said mill may require, and aa whatever machinery or appliances I may add to said property shall at all times together with all im- provements made belong to the said city: It being my intention to keep said mill in every respect as good as it noz is and probably better, and when the lease shall expire to deliver to the city the flouring mill plant with all tools, implements, and mill appliances in condition and -ready for operation. . Should the said mill be destroyed or so damaged by the elements as to render the same unsuitable for flouring mill Turposes, this lease shall thereupon terminate, and in case advance rents have been paid the equitable proportion thereof shall be refudded to me by the city. In case the city should prefer,I will at any time execute and deliver the deed aforesaid and bill of sale aforesaid, containing an inventory of the implements appurtenant to said mill,in escrow with the Bank of Ashland, to be delivered within the three months and when full payment therefore shall have been made, and will also in like manner deliver an abstract of said tract brought down to date subject to the examination of the city officers. As to the water right, I will make no guaranty, as the knowledge of such right is familiar to all of your honorable body. I therefore submit the foregoing proposition to the honorable Mayor srfxtJxx and the city cosine&l of the City of Ashland for your consideration, but in order to be of effect this option must be acted upon as early as possible, and during April, 1905. 1 Respectfully submitted this fourth day of April, 1Q05 r/ . ~u ~2tOfOre `1VE U."~'d :'here~1s _0 l:it'~leY"~ ;e(a , rant to the City of Ashla-ad. an option to purchase the flouring -s ill property in the cit-, of Ashland, Oregon, which ,-,;con was here- 'ofore extended till August 4th,1905. nd whereas the said t+.Virgin is now unable to Five the deed ' ! as agreed upon in the said option although the City of ishland id ready and willing to pay for the said property and receive a deed therefor: T~iow,as a concession to the said '~.'d.J.4Tirgin and at his request the said 0-tion is hereby extended Ui_d continued in force until the day of t L1 exterl- ~ -t is furthe agreed that b`r reason of granting this - ion to secure sLieh that -fer_~_ing the eonsu oration of such deed t:r:at in relation to the water -rights pertaining to said ti :11111 property,the City shall r_~ve the right to proceed in relation ~i -ereto as if the deed to said l.rof erty had been delivered,~:roperly t executed. This extension is attached to the on ir~al o~tion and is to be ~I ~deerned and considered as a part thereof. Dated this 3rd day of August,1905. s: e a.l City of "Ishlaiad by L= 10r% At t e s t , ~k-k3*mxx:k==/i!~ r ecorder. t'???FREAS, the undersi ned,".t.J.Vir7iri, did heretofore rive and grant to the cite of Ash1,'!nd,OreF'on, an option in writinr7 to pure'~ase the floiirin,M mill property in the cite of which option was %zeretofore extended by an a{'reement dated the third day of _ugust,1905,until the first dw. of Januzzx, 19016, at the especi,--l request of the saiu W.J.Virrin as will more fully appear by the written extension t,,ereof 'zereto zIttachPa ,iid made a part of this fiirt'~1er extension; and W'--M~ EA the said .'.J .Virgi:1 will not be able to give the deed as agreed upon in said option on the first dc.-, of January 1906 ,a1t1-i ough the city cf Ashy--nd is ready 0- 111 VVi11i°^ tc ;av for the said property anu receive deed t??erefore on t'_e s _id it day of J. nuar-v 1006 ; ~~~~~r , T?7T~lt?l?T~ , as a c o? c e., s l o n to t-"- e c l l Yr. J . ~aT l r' 1'_'1 and t'. his especial request and for 11is henefit, t''`ie said option is here''- furt`1er conti2lued in force until the first day of June, 1906 vri th all the conditions, stipulations s_nu z..rrreeri?ent-s contained in ''^_e first option and carried tl-iroug.li t'1e several extersionS all of said conditions beinr7 iila de p ,,-,-,4u- of Vii s This extension is c'_tt, Ched to t'1e oriL7':ic,1 o"i tion a,lli" ti% lt3 extension t-ere,of dated August thirt, , 1905, and i parcel of both s,'-id orir-int.l znnd extension.. It is further understood that if at a'ry file 0--fore e :"ir st day of June,1906,t'-ie said `t`.'.J.Vi-r,-in s-,%11 be pre vred to execute and deliver the said deed,he sh~.ll rive to the city of As'-11,.-nu- not less thc,:.n sixty (60) days' notice t',ererf. In witness w`rerol: the p<:.rties ',.ereto h€ve ' ereimto set t'leir h~-,nds and secils at Ashlariu,Orer7on t'-L's, t'1e .5.t-'q of Deceraber,19(15 P C i' o f s' key _.i'«y or Attest, ':ecorE.e r. 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