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HomeMy WebLinkAboutDOC 1958-01556473 Vol. 588 Page..200.. ® KNOW ALL MEN BY THESE PRESENTS, That.......9~.§.:!.gE.. ~0.~0KA.T~O~._.~ ............................. a ~rporation duly or~a~zed ~nd existin u r fie laws o~ the Stdte o~ ............ ~.~.~.8~.~. ................ ~'};;2~-~-~ ............~-~-~i'~Y--0-~--x~-;--a---~-~'~ar~F-~s-~-~-~-~s-~-;---a~aa-F-~-~--i~w,---~'~ ..... has ~ained and sold, ~d by these presents does grant, b~ain, sell and convey unto the said ~r~tee...., ........................... ~j assigns, ~1 the foHowin~ re~ pro~rt7, with the tenements, ~ered~taments and sppurten~s, situated in the County of .................. .~.~.~. ........................, ~d State of Oregon, bounded ~d described as tollows, to-wit: From the southwest corner of Section 7 in Township 39, South of Kauge 2, Ea~ of the Willamette Meridian, Oregon, measure East 1320 .... ' e~: Borth 660 feet to the place o£ beSinninS; the southwest quarter of the southwest quarter of said Section 7; thence West 4~0 feet; thence North 400 ~eet; thence East ~40 feet; thence South ~00 fee~ to the place of be~inning, containin~ four (~) acres, more or less. To Have ~;~ [*~ BOld the above described and ~ranted premises unto the said ~rantee,,.., its heirs and ,"i~: ~;;;~'~:'< .................... "~.: ~ ~ ~::."' ............................................................................................ ~: j'.~,s~'~':. ~ By ~ .............. 2...President County d, ~.[~ ~f/ }.s. On tM. ~y of Dec~e, 1961 be~o,. =. .n~ ..........~,..(~,---(~'~'~. ............................: .........'ff ................::::::::::::::::::::::::::::::::::::::::::::::::: ~illtm A. Newborn ....................................................................................................................... both to me ~rsonaHy known, who beln~ duly sworn, did ~y that he t~ ~d ........... ~,~.,,~,~,..~ ................................................................................ is the ..................President, ~d he the s~d ..... ,~,~,l~..A~..~Yhq.~ ................................................................ is the.....~,8~,s,,~ .........Secretary o[ ..........~,~,~.~, ,~.9~,~!~B, .................................................................... the witMn named Corporation, and tha~ the ~a] dflx~ to s~d instrument is the corporate se~ o[ s~d Cor- poration, and that the said instrument was sign~ and ~aled in ~h~[ of s~d Corporation by authority o[ its Board of Directors, and .......... ~t..~._,~,~ ................................................................................................... and Sale Deed acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, 1 have h to t my h and affixed my official sea/the day and year last above written I cert~t the within instru- ment was received or record on the day at...._-.,~...=;~..~.~o'clock~M., and recorded LU in book ....................~ ............ Record of Deeds of said County. Witness my hand and sea/of " County affixed. .... ...................... _ CERTIFICATION The undersigned, LOUIS HOEFLE, the duly elected, qualified and acting Secretary of THE GAS- ICE CORPORATION, a Washington corporation, herewith certifies that the attached is a true and complete copy of the original Lease dated the second day of January 19~2, by and between the CITY OF ASHLAND, a Municipal corporation and GAS-ICE CORPORATION, a Washington corporation. ~tw~n ~e C1~ o~ Ashl~d~ a ~te~pal oo~o?ation of ~e S~ate o~ ~egon, desisted as Lessors ~d GAS ICE COR~O~TION, a ~a~in~ton oo~Tatlons designated as Lessee, ~FIT~I~SBETH~ That the said Lessor, for and in consideration of Ten de!late ($10.O0)eash in ~d paid, receipt of which is hereby aekmlWledgsd~ and of the solonants sad agroem~ents herelnafter contained on the part of LesSee to be paid, kept end perfoxqued, have ~anted, dmnised, leased and let and by those presents do g~ant, demise, lease and let unto said Lessee.tot the mole purpose of n~Luing and operating fc~ carbon dioxide, ~Sm oil, gases, and laying pipe lines, and bullcling tanks, power stations ~ struct~u~es thereon toproduoem save and take care of said productsmall t~at certain tract of land situated in the County of Jackson, State of O~egon, described as follenm, So-wits Willemetic Meridian, in Sackmen County, Oregon| thence North ~9 5~ East along the ~ox~ line of Oover~nnent L~t Nine (9), a dist~e or ~79 feet, ~ cr less, ~ ~e $ou~est eome~ of Oovemnt Lot Five (5), ~ said Seeti~ Seven (7) ~ence NoTth 72.6 feet ~ ~e Noahwest eome~ of OCvement Lot Fi~ ~5)~ three North 89 deuces 50' East, along said Nor~ line of Goremast Lot Five (5), a dis~ee of feet~ thence ~outh ~ de~ees ~0' East 130,7 f~t2 ~enee South deuces 30' East 3A~7 feet2 thence $ou~ llde~es 0' Esst 880 f~et~ thence Sou~ 22 deuces ~st 205 feet~ ~re cr less, ~o an interm~ti~n ~ the South line of said Secti~ Seven (7)~ thence West ~on[ ~e South line of Section Seven (7), a diSt~ce of 1635 feet, mope Or less, to ~e Sou~st Corner of said Section Seven (7)~ ~ce Nor~ alo~ the West line of said Bastion Seven (7)m a dis~ee of 78~.~ fee~e to a Jut situted 7 Uins Sou~ of ~he point of ~g~ingJ ~ence ~estL~. 13~.4 feet ~ ~n ln~eection ~ ~e cut line of ~e N~a ~ellsEstate in Section ~lve (13), T~ship Thick-nine (39) $ou~, (1) East or ~e Will~ette )ieridiu, O~egonJ thence North ~e~ East line of the Wells Estate, 462 feet to the Nor~st co~er ~,mut Lot 2ight (8) ~ said Section Twelve (12) ~ence East al~ tM Nov~ lim of ~vemnt Lot Si~t (8), xsAx. fee~ to ~e Northwest oo~e~ of 0ove~ent Lot Nine (9) in SeeriOn Seven (7), 2ip ~rty-nine (39) Sou~ of R~ge 2 ~lst of ~e Will~ette the point of begi~ing, con~ining ~6.7~ acres, more or less. Subject to water and mineral ri~ts and eas~ents for ~hes, cu~s ud reservoirs, res~ed ~ the United States pa~ents ~eco~ded 1, 188~, In vol~ 23 paee 328, ~d ~ ~la~h ~e 1908m ~ Vol~e ~ page 91. of the Deed ~eeo~ds of Jaeks~ Co.~ty, O~egon. SubJec~ t;o easement for right of ray ~ feet ~e ~o~ ~egon oo~ati~o ~ ins~nta ~eco~ded ~ Vol~e Vol~ 9~ pa~o ~O~s and Vol~e 10~ p~e ~77, of Subject to easement for right or rot pipe line to oaxu-y water and for ol~e~ purposes, ~anted~o the Ci~ or Asked, a ~ct~l oo~po~atione by inst~ent ~eoov~d J~y 16, 1 ~, in Voice 109 ~e of t~ Deed Reoo~s S~b~e~t tQ etasmear rot right of way rot electric owU line onlys granted to the City of Ashland, a nmnisi al corporation, b~ instrument recorded NOvember 26, 1927, in Volume 16~ page 339, of the Deed Records of Jackson County, Oregon. Subject to easement for right of way 50 feet wide for l~rigati~n canal, and o~her purpeSes, ted to Talent Irrigation Dist~iet~ by instmnt ~eeo~ded March 1,~1~23, in Volume 1~+3 page %~1 of the Deed Records of Jack, on County, Oregon. Subject to easment rot right of way for transmission and dlstPtbutton of electricity, and for other purposes, granted to the C~lifcrnia Oregon Power Company, a caltfomia cot ration, by instx~nent recorded October 11, 192T~ in Vol~nne 167 page ~Fof the Deed ~ecorde of ~ackson County, Oregc~e S~cJect to ~sel'vation for riva~ x~ad right of way as reserved by Harx-y silver and ~esele M. Si~r, his wife, James S. Bailey and Henri- e~ta Bailey, his wife, the grantors in Warranty Deed dated December 22, ~Hords of ~ac~on gon, ~ the ~toe is ~e P~ ~e~C ~ine~al Sprigs Company, ~ esoA oo~atione Be inning at the South~st comer of Donation Lang Claim~51, own J zs-ip south,I s,t, wnl .tt. eridian, o gon, th.nce ~est ~50 feet more or leas to the Southwest colmar of Government Lot #1 in SectiOn 12, Township 39 Southe R~nge 1 East~ thence North 568 feet2 thence East 767 feetJ thence South ~68 feet to the South line of Donation L and Claim#51l thence West 317 feet, more or less, to ~ place of beginning, containing ten acres. TO HAVE AND TO HOLD the same for a period of five yoa~s f~om and after the date hereof and so long ~Jaereafter as carbon dioxide gas and/or oil or other gases are p~oduced thereA'~om in commercial quantities, In considex~aticm of the premises it is hereby mutually agreed as foll~wss 1. Lessee shall pay to Lessor its roportionate share of the royalty ~fiich is based on One Dellar ($~eOO) per ton for each toner ~,000 po~u~ds of solid or liquid carbon dioxide gas ~hloh is sold b~ Lo~ from its plant located on these premises, o~ px~nises in the vicinity ~ in o~ near the City of AShland, tt~ough ~hich Leslo~s carbon dioxide gas passes for processing. To determine the Lessors ~oyalty, a test shall beads at least ones a year or all the wells connected to LesSSees plant~ whether from these p~emises or other lands in the producing area and by such tests, either ~y m.a=u~i~ ~bx-ou8~ a~ appA-cved t~rpe Of meter. orifice o~ volumetric. pi~e~ tuba ~eadings, o~ any approved test, co long as the same method of measure- ments is used on each and every one of the wells connected to said plant, and said tests shall be the basis on which to determine the percentage of ~oyalty due Lessors for the tonnage sold by Lessee said pex-centage to be the ratio of open flow of their wells as of the total flow of all the wells. The royalty of One dollar (~1.00) per ton of 2OO(~ is based on the present price Pg, 2. of $50.OO per ton fop solid CO2. Should ~he price increase or decreases the ~oyalty shall increase o~ decrease proportionately on a basis Of two per cent (~%) of ~ sales price bu~ ~ never be less ~ seven-five cents per ~, I~ Is ~oe~ ~ho ~es~ ~ be ~ ~do? a~l~ seneca for all we ls ~o L~a and ~a~l ~y ~nd ~1 area w~eh do ~ ~t affect ~e fl~ of ~e ~11 ~der tes~ closed ~ing ~ ~es~ ~o ~he end ~ha$ ~e ~ flow of fairly sho~. ~e ~yalty pa~en~s s~ ~ based u~ the bona ~ sales pries o~ered by ~ssee ~o fire or o~ers en~i~ly ~penden~Or Lessee ~d s~l no~ be based ~n a ~iee off~d ~y subsidi~ or The sales ~iee s~l ~ F.O.B. AsCend ~d if odes ~ p~Ioe a~ ~ ~h~, All s~es a~i~e ado ~ b bash ~ flm a ou fide independent or LesSee and shall not be made to a holding eompan~, Subsidiary or agent of Lessee. 2, It is expressly understood and a~ood ~hat the Lessor has :o~n- steered, and now operate, and eont~plates ~e o~tInm~ ~ ~e operation of a ~p~g plant on said praises f~ a Spring on said p~isos, ~ge~r wi~ ~e gases contained ~ sa~d water, is p~ped ~o~h a pi~ City of Ashlnd wMre sai~ water and the gases the~ are ~ed for .~ieipal p~po ses, And the Lessee covenants to and with the Lessor ~hat he will not in anywigs ~hatsoover distub Or hinder, directly or L~di~eetly, the free use and enJoTaent on the pa~t of the Lesso~ of its said Spring pumpin~ plant or pipe line, or any replacement heFea:fter installed by LesSor, TO against any diminishing supply of the City s water from its present spring 'said premises or to augment or incx~ase the present supply Lessee agrees d or any owned by Lessee on ~ho px~mises may flo~, an ~he C miy take quanti~y of the mineral or Lithie Water n~urally produced fx~i Leaseo's wells into said ~ese~voir, by ecrucoring their pipe line and/er pumping plant to same. Lessee a~rees to commanee work on the premises innediately or at least Within 30 days after the date he~eo~, and will roecod di~igently to ease and peck off if possible, the upper water in at ~east th~ee of the present five wells heretofore drilled by the Lessee or his predecessors in an eff~ to make ~han p~ofitable C02 gas Wlls end will plO~ the other wells on said property if ~hey cannot be made to produce C gas in oo~norcia; uantities thereby protecting the present water supply and making available ~om the properly equipped 002 gas wells a possible soux~e of a suppl of water superior in quall~y and purity ~o ~he City's present supply, all of ~hioh wo~k is to be ~one solely at the expense of ~he Lessees Lessee agrees to continue ~he work of developing 002 gas until* there is sufficient available to JustiA~ the construction or a plant for ~he na~Cao~ure o~ solid oarben ~ioxide or Day lee, ~a~sao Lessee eel to build said plant at the earliest possible date miLlell mush wg~k is ~loal on aceount of Geverrnent priorities, restrictions or o~her reasons be~nd the control of Lessee, 3. FO~ all oil and/or gases o~her than C~bon Dioxide gas produced, saved, used, or sold f~a ~he land of the ~ess~s, ~ Lessee ~all pay to mrket pTice said p=od~s ase 3, 4, The Lessors hereby covenant tha~ they ape ~he s~mple o~ the above dea~ibed praises ~ a~ee to def~d X~ds here~ deSe~ibe~ ~d~ ~ the Lessee s~l ~ve ~ ri~t at ~y time to ~ede~ fo~ Lessors by paint liens ~ ~e above described l~ds in tM event of~e depart ~ ~ent by the LessorS, and ~ su~gated to the ri~s of 5. The Lessee shall not be required ~ aCC~Aut tO the Lessors for or pay r~ alt7 oils ~m, o~ ~ ~oed ~y ~e ~essee ~ sa~d l~d ~ ~ d~lton 1 t t d · ~ A~S ope~a~i~ ~~ ~ iay ~e ~ sill g~ ~d ~ato~ f~eo of eh~ ~vi~d~ hoover; ~t Less~ ~1 aeeo~t ~o ~ pay L~sso~s fo~ ~ oil, gas or ~te~ fm ~e wl~in pr~ises md ~ Leases deee~i~ ~ses, ~ a~ ~ m~se ~s~able eL~ h ~e use va~ ~o 6. At the expiration of the term of this lease or any sconeS. termination thereofs the said Lessee will quit and surrender the In-,raises 7. Lessee shall pay all taxes on its improvements and all taxes on its products stored on said premiseas 8$ The Lessee agrees not to drill any well on said land within two hundx~ed (200) feet or t~e nov existi buildings thex~on without the written consent of the owner of said see, The Lessee agrees to pay all dam a directly ocoasioned by its operations to any build s on p~oporty her t..d.r.. Le..or. Pe..'. right to b. iXd ltl Iding Op fen,as whieh may be necessary for the p~oper conduct of farming or :grazing opera t i one. 9, The Lessors real at all ~easonabls times examine said lands the v~k done and in le'eS~ss khex~en, ~-~ ~~ ~ ~ my inspect ~e ~o~ ~pt by t~ ~ossee in ~htt~ to ~e ~u ~ sata l~d, ~ asoe~ ~he p~d~tton ~d the ~ saved ~d s~d ~o Lessee ~esp on ~i~n Poq~stj ~ f~l~ ~o t~ ~ssors ~pies of Dgs ~d a~ wells drilled by the LosS~ on said l~de 10. All the labor t~ be performed and materials to be furnished in the operations of the Lessee her, under shall be at the °oat and expense of the Lessees and the Lessors shall not be cha~geable withe c~r liable for, Shall ~: said lend against l~ens of any part thereeli and the Lessee eot i its operas thePeons every sheFatter ar sing fl~xn 11, The Lessee shall have the right at any time to remove fl~0m said lands all machtnexrys rig , pipina~ casing, pumping stationse Sad other -orion of this losses Lenses shall notify LosloPs bef~e removing the oasin~ from any well and Lessors at their option my take over said well and its casing by paying the actual cost price of said casing. Lessee agrees after ~ermina~ee of ~his lease to fill all sump holes and other exeavations made b~ it, 1~, This lease and all its texans, oonditions and stipuletions shall extend ~o and be bindln~ upon the heirss sxeoutcrs, administrators, ~anteess suoeessors and assigns of ths pa~ties h~Peto, l~s When reqx~ated bY Lessors ~he ~essee sbj~ll b~n-y its pi · lines below plow depth. At all times th.~oughout the fuPation of this ~esse the Lessors shall have the right to rent said premises fop farming and grasing Page ~. pttPposes and to use the prepaloes therefor in a reasonable manners Lessors agree in their use of said premises tO reasonable x~epeot the rights of the Los nee o 1~0 Eessee agrees to pay all damages caused by its operations ~o c~ops now ~a~ving or to be ~vn on · d premiseso Lessee also aga~a to indemnify and held haxwlsss Lessors for any loss eeeasienod by Lessors owing to Lessee'm operations which result in damage or ham ~o the- !iSroperty of LessoFes tenants ~o are now or will be using the surface of said premises money order payable to Lessors ad~essx e/o City Recorder, A~and!, Oregon. 16. In case of default in royalty payaentsf the balance unpaid shell bea~ interest at the rate of six per cent fx~m the date due and payable. The failure to pay 2kid balance within thirty days after wit ten demand by Lessors for payment shall terminate this lease. This eh~l not abrogate Lessors right to collect the balance of unpaid rent to date of termination Of this lease. 17. Lessee shall not have the right to cut or in any way use the tinbar on said premises without the w~itten consent of the Lesso~s, 18. It is agreed that in the event of a default by Lessee in the performance of any of the tom and sonditions of this agreement on its part to be done and performed, Lessor at its option may notif7 Lessee of such default by reglstex~ed letter to Lesseels last known address2 and should said default continue for a period of thirty (30) days from and after the date of said notice time thereupon becoming the essence hereof, Lessor sMll have the right v~%hout fum. t~en, notice te teenier ~d take ~seasien premises ~nd this Lease shall be terminated. This provision shall be with- out pre udice to the right of Lessor to collect royalties due it he~eunder, norshal~ this revision proJu Joe any other rights or remedies lawfully or equitably available to Lessor.d IN WITNESS WHEREOF THE CITM OF ASHLAND has oaused this agreement to be exeeutod on its behalf by its Mayo~ and its Reoox~e~ pursuant to authority of its Ceases Council, and Gas Ice Co~tton ~s caused this a~ent to be ~oeutod on i~s behalf by its Presld~t p~su~t ~ suavity of its Boarod of D~etors, all being d~e as of ~e ~te in ~is a;eent first above ~ittene Attestt / ~oeorder eAdOBe CITY OF ASHLAND ICE CORPORATION STATE OF 0RETONt SS, COUNTY OF JACKSON) d On this .~nd day of JanuAry, 19~2, before me, the undersigned, a y swm each f~ h~elf ~i~ s~ ~a~ he, T. S. Wiley Is ~ M ~ and Is ~he ~a~e, seal of said oo o~ati~ ~ ~t said ins~en~ was sided and sealed en be~lf of s~d s eo~a~ion by au~ri~ ~f i~s Cram Co~eils ~ said T~ S. Wlleys Ma oTs ~d J. ~. A~ R~ a~owle~ed s~d Ins~m~n~ ~ ~ ~ ~e ~ ~ ~ed ef s~d C~ er A~snde IN WITNESS WHER~.:OF, I have hePeun~o set my hand and affixed f 1 o flcia seal ~n the date tn this oePtifioate fiPst wPitten. foa'. ~ eeeumission expix-esl Oet, 30, 19~S AGREEMENT FOR SURRENDER OF LEASE thi ~ THIS AGREF2{ENT, Made ~ day of December, 1961, by and between GAS-ICE CORPORATION, a Washington Corporation, and THE CITY OF ASI{LAND, a Municipal Corporation of the State of Oregon, hereinafter designated as "Lessee" and "Lessor" respect- ively. WHEREAS, Lessee and Lessor entered into a lease dated the 2nd day of January, 1942, of the premises described as follows: Beginning at the Northwest comer of Government Lot Nine (9) in Section Seven (7) Township Thirty-nine (39) South, of Range Two (2) East of the Willamette Meridian, in Jackson County, Oregon; thence North89 degrees 45t East along the North line of Government Lot Nine (9), a distance of 679 feet, more or less, to the Southwest corner of Government Lot Five (5), in said Section Seven (7); thence North 72.6 feet to the Northwest corner of Government Lot Five (5); thence Nor%~h89 degrees 50t East, along said North line of Government Lot Five (5), a distance of 306 feet; thence South 42 degrees 40~ East 130.7 feet; thence South 63 degrees 30t East 347 feet; thence South 11 degrees ~t East 880 feet; thence South 22 degrees East 205 feet, more or less, to an intersection with the South line of said Section Seven (7); thence West along the South line of Section Seven (7); a distance of 1635 feet, more or less, to the Southwest corner of said Section Seven (7); thence North along the West line of said Section Seven (7), a distance of 785.4 feet, to a point situated 7 chains South of the point of beginning; thence West 1361.4 feet to an intersection with the east line of the Martha Wells Estate in Section Twelve (12), Town- ship Thirty-nine (39) South, Range One (1) East of the Wil- lamette Meridian, Oregon; thence North along the East line of the Wells Estate, 462 feet to the Northwest corner of Government Lot Eight (8) in said Section Twelve (12); thence East along the North line of Government Lot Eight (8), 1361.4 feet to the Northwest comer of Government Lot Nine (9) in Section Seven (7), Township Thirty-nine (39) South, of Range 2 East of the Willamette Meridian, the point of beginning, containing 56.75 acres, more or less, and WHEREAS, under the terms of said lease, the Lessee was to hold said premises so long as carbon dioxide gas and/or oil or other gases are produced therefrom in co~[aercial quantities, and the Lessee has ceased operations ~r and the production of carbon dioxide 1. Agreement 5564';'.:1 Page_ 2 ges and/or oil or other gases in commercial ,quantities from said WHEREAS, the Lessee desires to surrender said lease and the Lessor desires to accept said surrender. NOW, THEREFORE, It is agreed between the parties, that the Lessee does hereby surrender said lease and vacate said premises and deliver said property to the Lessor, and the Lessor hereby accepts the surrender of said lease and discharges and releases the Lessee from the payment of any further sums thereunder. IN WITNESS WHEREOF, GAS-ICE CORPORATION has caused this agreement to be executed by its President and Assistant Secretary, pursuant to authority of its Board of Directors and The City of Ashland has caused this agreement to be executed on its behalf by its Mayor and its Recorder, pursuant to authority of its Council, all being done as of the date in this agreement first above ~rritten. GAS-ICE CORPORATION Ass' t. Secretary CITY OF ASHLAND Ha or Recoz'der 556,_12,1 VOI.Z Page/. STATE OF OREGON ) :s8 a of December, 1961, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R. B. NEWBERN and WILLIAM A. NEWBERN, each to me personally known as the President and the Assistant Secretary of Gas-Ice Corporation and each acknowledged that the said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and R. B. NEWBERN and WILLlAMA. NEWBERN acknowledged said instrument to be the free act and deed of said corporation. IN TEST//~0NY WHEREOF, I have hereunto set my hand and seal the day and year last above written. NoCar~ Public for Oregon My Comisston Expires:/f-./6 ~ ~ 3. Agreement (::orporat on 200*A MIEDICAL ARTS BUILDING SEATTLE 1, WASHINGTON January 24, 1958 Mr. W. E, Bartelt City of Ashland Ashland, Oregon Dear Mr. Bartelt: As requested in your letter of December 18, to Mr. Newbern, we are enclosing a certified copy of the. original Lease by ~nd between the City of Ashland and Gas-~ce Corporation. We regret the delay in getting this certified copy to you but we have been very busy on our loan, which we are happy to say, we hope will be completed in a very short time. We do very much appreciate your patience. Yours very truly, ~~ S~ectY & ~ , Treas. LH:l~m PORTLAND 9. OREGON COlPLANTS 1405 NORTHWEST 20TH AVENUE KENNEWICK, WASHINGTON TILlPHONE CAPITOL 7-304S KL[CK]TAT, WASHINGTON ASHLAND, OREGON orporation 207 LYON BUILDING BE;ATTLB 4, WABHINGTON December 22, 1961 To The ~Iayor & City Council Ashland, Oregon Gentlemen: I enclose Agreement For Surrender Of Lease dated January 2, 1942. Will you sign one copy of same and return to us.' I,also, enclose a deed to you covering the 4 acre tract where our building was located. This may or may not have been necessary, but our Attorney suggested that we deed the property back to you. We have moved away all items of much value, but there still may be some junk left that I will dispose of as quickly as possible. We have, of course, not disturbed the 2 wells, submersible pump fittings, etc. for which we billed you ~2,000.00. Thanking you for your many courtesies, Yours very truly, GAS-ICE CORPORATION C.C.--Seattle Office R.B. NEWBEE, President pORTLAND 9. OREGON COlPLANTS 1405 NORTHWEST 20TH AVENUE X KENNEWICK. WASHINGTON t KLICKITAT. WASHINGTON ~ j ASHLAND. OREGON orparatian 207 LYON BUILDING SEATTLE 4, WASHINGTON November 16, 1962 Portland, Ore. Mr. E.C. Biegel City Supt. Ashland, Oregon Dear ~. Biegel: Confirming our conversation of yesterday here in Portland. As you know we have abandoned the City property, and I am happy that you are satisfied with the premises covered by our C02 lease from the City Of Ashland. However, you stated that the water table was now 13 ft. and that you are still pumping one of the wells. Last Spring the water table had risen to 4 ft. but evidently has f allen during the dry Summer months. As stated to you we are anxious that we be able to claim complete abandonment this year. We had billed you ~2,000.00 for 2 wells and one submersible pump, but as agreed with you, we are cancelling this bill and hereby donate the same to the City. Under the circumstances you have agreed to have the release'of the properties approved at the Council Neeting on December 4th, and I hope the recording of the papers now held by Er. Skerry, City Attorney, can be recorded immediately. Thanking you for your courtesy in the matter, I Sincerely, GAS-ICE CORPORETION R.B. NEWBERN, President C.C.--~r. Harry A. Skerry, Jr. 485 East Nain St. Ashland, Ore. Seattle Office IdARi~Y A. ~lCrl~FIY. Jf~. ~o~e~er lO, l~ Gas-Ice Corporation ~9~ Northwest 2'Oth Aversue Portland 9, Oregon Attentiop: Mr. R. B..Newborn Dear Mr. Newborn: I discussed our telephone conversation with Mr. Biegel and he informed me that your agent had cleaned up the property to the City's satisfaction. We Still have the problem of settling the.issue concerning the pump. Some time ago, an agent of yours was in Ashland and he conferred with ~ir. Biegel and myself concerning ~he water level. It was his hope that the wells would proaptly fill since the discontinuance of the pumping. Mr. Biegel informed me however, t.hat the wells had not . sustantially filled. *bus we are not ina position at. this time to execute the release of your_obligations under the lease. W~uld It be-satlsfactorywith your ~irm that we agree that the ptunp remafn ~n t~e property to and Unlil the water level shou!J mffficis~tly rise? If this would be agreeable with you, I can make up a memorandum of agreement M~eub~lt ~o y~ for your appro*al, and if the City and you agree as to th~ foregoing, the releases can be executed. Mr. Blegel a~d I will be more .than glad to confer with you or a member of your firm %t any time.. Very truly yottrat I~AS :Jp co: E. C. Biegel Harry A. Sherry, Jr.