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Home My WebLink About2002-168 MOU - Kurtz/Walsh MEMORANDUM OF UNDERSTANDING REGARDING DIVISION OF REAL PROPERTY DATE: October 29, 2002 PARTIES: City of Ashland, Oregon, including the Ashland Park and Recreation Commission ("City"), and Kurtz-Walsh Property, LLC, ("Kurtz-LLC"), and Scott A. Kurtz and Ellen Walsh ("Kurtz/VValsh"). RECITALS: A. City and Kurtz-LLC are jointly purchasing property from Kevin Thompson ("SelleY') at the end of Liberty Street, Ashland, Jackson County, Oregon, described as 391E16AC, Tax Lot #200 and further described on the attached Exhibit A and depicted on the map attached as Exhibit B. (This property is further referred to in this agreement as "the joint purchase property.") The purchase price for the joint property is $279,500 and closing is scheduled for October 30, 2002. B. Kurtz/VValsh are the owners of property immediately to the north of the joint purchase property. The Kurtz/VValsh property is described as Map #391E16AC, Tax Lot #100 (further referred to in this agreement as "the Kurtz property"). C. Adjoining the Kurtz property to the east is property owned by Kurtz-LLC described as 391E16AD, Tax Lot #6200 (further referred to in this agreement as "the Kurtz-east property") D. City and Kurtz-LLC desire to divide the joint purchase property in approximately that location indicated on Exhibit B. The City is to receive that portion designated as "Open Space" and Kurtz-LLC is to receive that portion designated as "Kurtz-LLC." In addition, Kurtz/VValsh will donate a pedestrian easement through the Kurtz property and Kurtz- LLC will donate a pedestrian easement through the Kurtz-East property. AGREEMENT City, Kurtz-LLC and Kurtz/VValsh agree: 1. City will: '1.'1. Purchase price. Pay to the Seller at closing the sum of $114,750, less any earnest money paid, as its share for the purchase of the joint purchase property. City will also pay one-half of the closing costs assessed to City and Kurtz-LLC as joint purchasers. 1.2. MLP/survey requirements. Process a minor land partition ("MLP"), at its expense, to divide the joint purchase property in approximately that location indicated on Exhibit B. City shall provide for the survey of the MLP and develop adequate descriptions for the easements described in this agreement. 1.3. Conveyance to Kurtz-LLC. Convey its interest in the easterly buildable portion of the joint purchase property consisting of approximately 3/4 to 7/8 of an acre to Kurtz-LLC. The easterly buildable portion of the lot is understood as defined by a line that extends from the north property line on the western side of the existing road to the southerly property line, leaving the land with 25% or less slope on that portion to be conveyed to Kurtz-LLC. City will retain a ten foot strip of land in fee on this described PAGE 1 -M EMORAN D U M OF U N DE RSTAN D I NG G:\IegaI\PAUL\PARKS\Kurtz exchange agreement revised.wpd parcel at the south property line along the TID ditch trail. City will grant Kurtz-LLC an easement across this strip for irrigation pipes and maintenance, etc. City will also grant Kurtz-LLC an easement along this strip to erect a sight-obscuring fence no more than six feet in height, at Kurtz-LLC's expense. The fence shall be located along the northerly edge of the top of the berm leaving as much level area as feasible for the trail between the fence and the TID ditch. In no case shall the fence be located in such a manner as to impede the use of the trail by pedestrians. No fence shall be erected until a residential building permit has been issued for a dwelling to be located on the property to be conveyed to Kurtz-LLC. 1.4. Open Space Dedication. Dedicate the property conveyed to City as open space park lands as defined in the City of Ashland Charter. 2. Kurtz-LLC will: 2.1. Purchase price. Pay to the Seller at closing the sum of $164,750, less any earnest money paid, as its share for the purchase of the joint purchase property. Kurtz- LLC will also pay one-half of the closing costs assessed to City and Kurtz-LLC as joint purchasers. 2.2. South property line survey. Pay one-half of the survey costs for locating the TID ditch trail along the southerly property line of the joint purchase property. City acknowledges that Kurtz-LLC has paid this sum. 2.3. Conveyance to City. Convey its interest in the remaining portion of the joint purchase property to the City. The remaining portion is understood to mean all that part of the joint purchase property not conveyed to Kurtz-LLC as provided in paragraph 1.3 above. 2.4. Trail easement. Grant to the City a ten foot trail easement along the easterly edge of the Kurtz-East property. The parties understand that this easement will be as far to the east in the ravine as feasible. 3. Kurtz/VValsh trail easement. Kurtz/VValsh will grant to the City a ten foot trail easement along the westerly edge of the Kurtz property. The parties understand that this easement will be as far to the west in the ravine as feasible to eliminate line of site to the house at 831 Liberty Street. Kurtz/Walsh will allow vehicular access within the trail easement for the purposes of trail construction, maintenance and repair or where necessary or desirable to control, reduce or prevent disease, fire, fire hazard, or to restore natural habitat areas or to promote native vegetation. Except in cases of emergency or except for trail construction, City will give at least 24 hours notice prior to any vehicular access within the trail easement. 4. Closing date/Alternate plan. 4.1. Closing date. The exchange of documents necessary to effect the property transfers and easements described in this agreement shall be closed within 60 days from the date of this agreement or as soon thereafter as the surveys have been completed and all approvals from the City of Ashland for the minor land partition have been received. PAGE 2-MEMORANDUM OF UNDERSTANDING G:\legal\PAUL\PARKS\Kurtzexchange agreement revised.wpd 4.2. Alternate plan. If the minor land partition fails to be approved, or is delayed for any significant length of time because of an appeal or otherwise, the parties agree to work together in good faith to effect the intent of this agreement. City of Ashland By IV Title Kurtz-Walsh Property, LLC Title c- ce-, By AZ,>, V -C t.-,/ Title ?,.??, ?? Scott A. Kurtz and Ellen Walsh 94??V6- P44-? PAGE 3-MEMORANDUM OF UNDERSTANDING G:\Iegai\PAUUPARKS\Kurtzexchangeagreement revised.wpd ? 12032 .... m~'~- EXHIBIT A TRACT A: Beginning at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 16, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 31o15, West, 340.3 feet to a 1/2" galvanized pipe to corner; thence South 67°48' East, 81.7 feet; thence South 31o18' East, 62.9 feet; thence South 5o03' West, 80.9 feet to a cross chiseled on a large granite boulder for the corner; thence East, 75.2 feet to a 1" galvanized iron pipe for corner; thence North 455.8 feet to point of beginning. EXCEPTING THEREFROM: Beginning at the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 16; thence South, 91.0 feet; thence North 82o20, West, 30.0 feet; thence North 18o53, East, 91.85 feet to the point of beginning. TRACT B: Beginning at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 16, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 31o15' West, 340.3 feet; thence South 67°48' East, 81.7 feet; thence South 31o18, East, 62.9 feet; thence 'South 5o03, West, 80.9 feet; thence South 43°08' West, 105.5 feet; thence North 17o21' West, 69.5 feet; thence North 63o19, West, 45.3 feet; thence South 80o58, West, 317.1 feet; thence South 89o49, West, 82.0 feet; thence North 63o26' East, 137.0 feet; thence North 55o36' East, 101.4 feet; thence North 32o33' East, 84.6 feet; thence North 50o36' East, 103.3 feet; thence North 29o08, East, 98.7 feet; thence North 52o18, East, 114.9 feet; thence North 47° East, 125.0 feet; thence East, 41.3 feet to the point of beginning. EXCEPTING THEREFROM that portion described in the instrument dated October 31, 1963, and recorded in Volume 556, page 96 of the Official Records of Jackson County, Oregon, which instrument is incorporated by this reference as though fully set forth herein. (Code 5-01, Account #1-009386-9, Map #391E16AC, Tax Lot #200) ... ............. ..... ...... ?iSi t ,L() C) In 04 M CIO t t 1 t Lo LO O U-) ttrt' s r ` ?? S t s ) d i \\\ O 8'?. Jl .::t TCr:: t t i t) b I Y i ? :1:.1 .:Y7t .? fs• i t t a: •' t .?{.? a ::c•t::•+:1 t i '1i rY ] 1 tt ? 1 t 7 -1' .- ?.?'?t`t?? •,.?.?,? '!'i?::: tit:: •0:1.7[ i;: ! t ?' - A :'"R #•`: ':J::c:'a:r . r +' :' t:1:t?yt 1t7 C I 1 ?> ? 1 7 t i ...'. 1. S ! J Y t' N II )Y W 1'??w m Y`•I':J ? ? O ?.'. 1. : •.;:t:t:1:::1 jt ii e °:E Ei:•„":i iii iii F o 00 !! 1 .. a:.'a:;;'• t y, .,. - .? . 1 1..,., 3 1 0? mow- + p t ? l0 ::t:1' 1 3 t.;. t1 .: ... r.: •. p o 00 •1:•:fi. :;x:c• ' ;iiii3i i:i:raa: iiii3if= ? :0A t.... Z a:]:]:a. •1: _ is n:•r. 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