HomeMy WebLinkAbout1996-044 Warranty Deed - White JAf~Sf~ (IIIqTY TITLE DMSI~
502 ~. ~u S~eet (P.O. Box 218) ~lfc~d~ OR 97501
(541) 779-2811
Warranty Deed, Estimated Escrow Statement
KIMBERLY WHITE, KAREN WHITE and MARION D. IMPERATRICE, Trustee of the Marion D. Imperatrice
1988 Trust
hereinafter rml led the ~rantor, for the o0~sideratio~ hereioafter stated, to Grantor
by
CITY OFASHLAND, a municipal oorporation
hereinafter calledtheGrantee, does h ere by grant, barga/n, sell and~untothe
saidGranteeandGrantee's~{rs, suo~essors and assi~Ds, that (~r~inre~llroperty
~iththetenements, hereditamentsandat~xw~ces~tobelongingor~-
ing, situated in theCountyof JACKSON , State of Oregon, descr~as follows
towit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO ~0LD the sa~e unto the said Grantee and Grantee's heirs, successors
and assigns foreever.
And Grantor hereby covenants to and with Grantees and the heirs of the survivor and
their assigns, that Grantc~ is lawfully seized in fee simple of the above granted
premises, free from all encum~r~, E~CEPT
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
ar&l ~t Gran+-~r will warrant and forever defend the said premises and every part and
parcel thereof against the lawful cla/ms and demands of all perso,s whc~-~r, except
THE TR~3E AND ACTUAL fI~SID~ATI0~ paid for this transfer, stated in terms of dollars
is S 946,000.00
WHERE T~E C0~I]D~T SO R~QUIRE~, the singular includes the plural and all 9r~mmatical
chanc3es shall be implied to ma~e the provisions hereof apply equally to individuals and
to c~rporatio~s.
wx ss the grantor has executed this instnmmt this aay of
· 1996.
WILL NOT ALIOW USE OF THE PROPI~I~Z DESCRIBED IN THIS I~ IN
C~ OF APPLICABLE LAND ~ LAWS AND REGULATI(ITS. BEFORE SIGNING OR AOCEPTING THIS
INST--, THE PERSON ACQUIRING FEE TITLE TO THE PROP~I~TY SIt~JLD CHECK WITH THE APPR0-
PRIATE CITY OR ~ PLANNING DEP~ TO V~t~IFY APPROVED USES, AND TO DET~I~w_INE ANY
KIMBERLY W~ITE~ KAREN WHITE
STATE OF OREGC/q
COUNTYOF
The fox~c3oir~ instrument was acknowled~dbefore~
SPACE FOR RS~ORDER'S USE
My. cu,mis~ires
~ Tax Statements to:
~rantee
20 N MAIN ST
ASHLAND OR 97520
( Cc~tinued )
96--1~ 7J'.5 EXHIBIT "A"
TRACt A: The Southwest Quarter of Section 27 in Township 38 South, RanGe 1 East of
the Willamette Meridian in Jacksc~ County, Or~on.
(Code 5-2, Aooount #1-9618-5, Map #381E27, Portion Tax Lot #100)
TRACT B: Beginnin~ at the southeast corner of Section 28, Township 38 South, Range 1
East, of the Willamette Meridian in Jackson County, Ore~on; ~ West, alon~ the
the south lir~ of Section 28, a distahoe of 605.0 feet; thehoe North, parallel with
the east line of Section 28, a distance of 2630.0 feet; thence East 605.0 feet to
said east line; ~ South, alor~ said east line, 2630.0 feet to the Point of
(Code 5-2, Acoount #1-12340-6, Map #381E28, Tax Lot #600)
TRACt C: Begi~ at the southeast corner of Section 28 in Township 38 South, Rar~e
! East of ~dme Will~-.~ette Meridi~.n in Jacksc~ C~%a]ty, Or~o~; ~ West alc~3 the
south line of said Section, 1650.0 feet; thence North parallel with the east line of
said Section, 2630.0 feet; thehoe East 1650.0 feet to the east line of said Section;
~ South, alc~ said line, 2630.0 feet to the point of beginnir~3. EXCEPTING
THEREFROM the following: Beginnir~3 at the southeast corner of Section 28, Township 38
South, Rathe 1 East, of the Willamette Meridian in Jackson County, Orec3on; thence
West, alcc~ the the south line of Section 28, a distanoe of 605.0 feet; ~ North,
parallel with the east line of Section 28, a distance of 2630.0 feet; ~ East
605.0 feet to said east line; ~ South, alon~ said east line, 2630.0 feet to the
Point of Begi~.
ALSO, the West 60.0 acres of the Sou~t Quarter of Section 28 in Township 38
South, Ran~e 1 East of the Willamette Meridian in Jackson County, Ore9on. ALSO,
15 of "ASHLAND ACRES" in Jackson County, Or~on, acoordin~ to the official plat
thereof, now of record.
Tract
(Code 5-2, Aooount #1-12339-2, Map #381E28, Tax Lot #500)
(Code 5-2, Acoount #1-12341-4, Map #381E28, Tax LOt #700)
TRACP D: Beginnin~ at the northwest corner of Ekenation Land ClaimNo. 49 in Township
38 South, Range 1 East of the Willamette Meridian in Jackson County, Ore9on; ~
South 50.0 feet, alon~ thewest line of said Claim; ~ East parallel with the
north lir~ of said Claim, 2870.0 feet; thence North 50.0 feet to said north line;
~West, alon~ said line, 2870.0 feet to the point of beginnir~. EXCEPTING
THEREFROM that portion conveyed to the State of Ore9on, by and through its State
Highway Cc~nission, by deed recorded in Volume 530 page 505 of the DeedReoords of
Jackson County, Ore9on.
ALSO, Tracts 9, 10, 11 and 12 of "ASHLAND ACRES" in Jackson County, Oregon, aocordir~3
to the official plat thereof, now of record. EXCEPTING therefrom that portion
acquired by the State of Ore9on, by and through its State Highway ~ssion, by
Final Jud~nent rendered October 16, 1962 in theCircuit Court of Ore9on for Jackson
County, under CaseNo. 61-822L, and recorded in Volume 170 page 599 of the Circuit
Court Journal. ALSO EXCEPTING therefrcm, the followir~3: Beginnin~ at the southwest
corner of said Tract 9; ~North 948.30 feet to the northwest corner thereof;
thenc~ East 567.70 feet; thehoe South 8045' West 1144.0 feet to the northerly line of
the County Road; thence North 64°35' West, alon~ said line, 429.6 feet to the point
of beginnin~. ALSO ExCEPTING therefrc~that portion acquired by t h eState of Ore9on,
by and through its State Highway Cca~ssion, by Final Jud~v~nt rendered September 7,
1966 in the Circuit Court of Ore9on for Jackson County, under Case No. 65-342L and
recorded in Volume 204 page 654 of the Circuit Court Journal. ALSO EXCEPTING
therefrcm that portion conveyed by Dcc~ recorded February 17, 1967 as NO. 67-01380 of
the Official Reoords of Jackson county, Ore9on. ALSO, EXCEPTING THERE~ the
foll~,'in~: A parcel of land lyin~ in Tracts 8, 9, 11 and 12, ASHLAND ACRES, Jackson
County, Oregon, the said paroel bein~ described as follows: Beginnil~ at a point
opposite and 150 feet Northeasterly of Er~ineer's Station 1345+00 on the center line
of the relocated Pacific Highway; ~ Southeasterly in a straight line to a point
opposite and 200 feet Northeasterly of En~ineer's Station 1350+00 on said center
line; ~ Northeasterly in a straight line to a point opposite and 550 feet
Northeasterly of En~in~er's Station 1354+00 on said center line; thence
Southeasterly, parallel with said center line to a point opposite En~ineer's Station
1362+00; thence Southeasterly in a straight line to a point opposite and 152.5 feet
Northeasterly of Er~ineer's Station 1373+00 on said center line; thence Northwesterly
in a straight lir~ to a point opposite and 150 feet Northeasterly of En~ineer's
Station 1372+00 on said center line; ~ Northwesterly in a straight line to a
point opposite and 180 feet Northeasterly of En~ineer's Station 1366+00 on said
center line; thenoe Northwesterly, parallel with said center line, to a point
opposite En~ineer's Station 1363+00; ~ Northwesterly in a straight line, to a
point opposite and 170 feet Northeasterly of Er~ineer's Station 1357+00 on said
(Con-~inued) 96--1'~. 7J'.5
center line; ther~e Norkh~est~rly in a straight line to a point opposite and 150 feet
Norkhe~ste~ly of En~ineer's Station 1351+00 on said c~nter line; ~henc~
Nor~h~s~erly, parallel with said cen~er line~ to the point of beginnir~.
The oenter line referred to ~ is described as follows:
Beginning at Engineer's center line Station 1345+00, said station being 1230.70
feet South and 353.36 feet East of the no~t corner of the John Barrett
Dc~atic~ Land Claim No. 48 in Township 38 South, Range 1 East of the Willamette
Meridian in Jacksc~ County, Oregon; thehoe South 62°21' East 2800 feet to
Engineer's oenter line Station 1373+00.
Bearings are based upon the Oregon Co-ordinate System, south Zone.
ALSO, Beginnir~ at a point which is South 645.00 feet of the northeast corner of
Tract 7 in "ASHLAND ACRES" in Jackson County, Oregon, acoording to the official plat
thereof, now of record; ~ South 105.00 feet; ~ West 521.30 feet; ~
North 0°09' East 140.00 feet; thence South 85°46' East 500.40 feet to the point of
(Code 5-8, Account #1-12687-6, Map #381F22,
(Code 5-8, Aooount #1-12688-4, Map #381E32,
(Code 5-11, ~oount #1-12360-1, Map #381E32,
T~.-~ Lot #100)
Tax Lot #200)
Tax LOt #200)
TRACT E: Tracts 16, 17, 18, 19 and 20 of "ASHLAND ACRES" in Jackson County, Oregon,
according to the official plat thereof, now of record. EXCEPTING THEREFROM that
portion aoquiredbythe State of Oregon, by and through its State HighwayCcmmission,
by Fir~] Judgment rendered~ber 16, 1962 in theCircuitCourt of Oregon for
Jackson County, under Case No. 61-822L, and recorded in Volume 170 page 599 of the
Circuit Court Journal. ALSO EXCEPTING therefr~nt/~at portion acquiredby the State of
Oregon, by and through its State Highway Cc~nission, by Final Judgment rendered
September 7, 1966 in the Circuit Court of Oregon for Jackson County, under Case NO.
65-342Land reoorded in volume 204 page 654 of the CircuitCourt Journal. ALSO
EXCEPTING therefrom that portion of Tracts 18, 19 and 20 of "ASHLAND ACRES" in
Jacksc~ County, Oregon, lying southwesterly of Oregon Interstate Highway No. 5. ALSO
EXCEPTING THEREFROM the following: Beginning at the no~st corner of Tract 17 of
"ASHLAND ACRES" in Jackson County, Oregon, according to the official plat thereof,
now of record and which is the southeast corner of Section 28 in Township 38 south,
Range 1 East of the WillametteMeridian in Jackson County, Oregc~; thence South
1705.00 feet to the north line of tract described in Volume 170 page 567 of the Dcc~
Records of Jackson County, Oregon; thehoe West 660.00 feet; thehoe North 1705.00 feet
to the r~or+~h line of said Tract 17; thence East 660.00 feet to the point of
ALSO, Beginning at a point South 89° 45' West 40.00 chains frcm the quarter corner
between Sections 33 and 34 in Tc~nship 38 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon; thence North 1485.00 feet; thence North 89° 45'
East 440.22 feet to the west line of Tract 17 in "ASHLAND ACRES" in Jackson County,
Oregon, aooording to the official plat thereof, now of reoord; thenoe South, along
said line, 1485.00 feet; thehoe South 89045' West 440.22 feet to the point of
(Code 5-8, Aooount #1-12714-2, Map #381E33, Tax Lot #200)
(Code 5-11, Account #1-12367-6, Map #381E33, Tax Lot #200)
1. The premises herein described have been zoned or qualified for "Farm Use" tax
assessm~=_nt. At such time as said land is disqualified for such "Farm Use", the
property will be subject to additional taxes and interest, and possible statutory
2. The effect of said property, or any part thereof, lyingwithin the Talent
I~rigation District, and subject to all water and irrigation rights, easements for
ditches and canals, and all regulations of said District, including any ar~ all
assess~_nts, liens and charges assessed, and to be assessed.
3. Right of way to R.B. Hargadine, record notice of which appears in Deed reoorded
April 2, 1880 in Volume 8 page 726 of the Deed Reoords of Jackson County, Oregon.
(Affects Tracts B, C & E)
4. Right of way for canal and ditch, 50.0 feet wide, and rights in connection
therewith, granted to the Talent Irrigation District, by instrument recorded March
15, 1923 in Volume 143 page 570 of the Deed Reoords of Jackson County, Oregon.
(Affects portion of Tracts B & C)
96-1'! ?25
5. Right of way for the transmission and distribution of electricity, and for
other purposes, 9ranted to The CaliforniaOre9onPowerCcmpany, a California
dorporation, by instrument reoordedMarch 6, 1924 in Vol~ne 149 page 97 of the Deed
Reoords of Jackson County, Ore~on. (Affects portion of Tracts D & E)
6. Rights of way for the transm~ssic~ and distribution of electricity, and for
other purposes, ~rantedtoTheCaliforniaOrec3onPowerCc~pany' a California
corporation, by instruments reoorded in Vol~ne 168 page 153 and Volume 256 page 443
of the Dcc~Reoords of Jackson County, Oregon. (Affects Tract A)
7. Rights of way for the tr~ssion and distribution of electricity, also right
to install 9uys and anchors and for other purposes, 9ranted to TheCalifornia Oregon
Polar Cc~pany, a California corporation, by instruments reoorded in Volume 184 page
122 and Volume440page220 of theDcodReoordsof JacksonCounty, Ore9on. (Affects
portion of Tracts B & C)
8. Ditch right of way, as set forth indeed reoDrded September 23, 1923 in Volume
195 page 50 of the Deed Records of Jad~a~on County, Ore9on. (Affects portion of Tra~t
9. Right of way for thepurpose of the operation, maintenance, repair and
~truction of canals, reserved by the Talent Irrigation District, in deed
reo3rded December 30, 1936 in Volume 210 page 536 of the Deed Records of Jackson
County, Ore9on. (Affects portion of Tracts D & E)
10. Perpetual easement for the construction, repair, maintenance and operation of a
50.0 foot cans], and rights in oonnection therewith, granted to the Talent Irrigation
District, by instrument recorded in Volume 214 pa~e 303 of the Deed Records of
Jackson County, Ore9on. (Affects portion of Tracts B, C & E)
11. Right of way for the Ea91eMill Ditch, recordnotice of which appears indeed
recorded June 12, 1943 in Volume 244 page 155 of the Dccd Records of Jackson County,
C~. (Affects portion of Tracts B, C, D & E)
12. Perpetual easement, and rights in connectiontherewith, for underground
conduit, cable and other fixtures, granted toThe Pacific Telephone and Telegraph
Ccmpany a Californiacorporation, by instrument r~DordedMarch 13, 1947 in Volume 280
page 49 of the Deed Records of Jackson County, Ore9on. (Affects portion of Tracts D &
E)
13. Perpetual easement, and rights in conn~ctiontherewith, for underground
conduit, cable and other fixtures, granted to The Pacific Telephone and Telec3raph
Ccmpany, a California corporation, by instrument reoordedMarch 13, 1947 in Volume
280 page 50 of th~ Deed Re~ords of Jackson County, C~n. (Affects portion of Tract
D)
14. Right to the use of sprin~ located on said premises, together with the right of
way for pipe line fr~n said sprin~, and rights in connection therewith, reserved in
deed recorded November 8, 1948 in Volume 308 page 252 of the Deed Records of Jackson
County, Oregon. (Affects portion of Tracts B, C, D & E)
15. Right of way 100.0 fe~t wide for the transmission and distribution of
electricity, and for other purposes, also right to install 9uys and anchors, granted
to The California Ore9on Power Ccmpany, a California corporation, by instrument
recorded April 24, 1957 in Volume 440 page 499 of the DeedRecords of Jackson County,
Ore~on. (Affects Tract A)
16. Perpetual right of wayandeas~nent to construct, reconstruct, operate and
maintain a buried pipeline, for the purposes of conveyir~3 water and rights in
connection therewith, granted to the United States of America, by instrument reoorded
September 22, 1959 in Volume 479 page 305 of the Deed Records of Jackson County,
Ore9on. (Affects portion of Tract D)
17. Access restrictions imposed by Final Judgment rendered September 7, 1966 in the
State Ciromnit Court of Ore9on, for Jackson County, under Case No. 65-342L and
recorded in Volume 204 page 654, Circuit Court Journal. (Affects portions Tracts D &
E)
(Con- inued) 96--1 ,73,.5
18. "~rantors reserve for themselves, their executors and assigns, an undivided
one--half interest in all gas, oil, and mineral rights which are now the property of
9rantors, and which may hereafter revert to grantors, it being the intention that the
other undivided one-half interest in all of such gas, oil, and mineral rights shall
vest in grantees, their suoDessors and assigns", as set out in deed frc~ Ernest M.
Pellkofer et ux, to J.D. Imperatrice et ux, reoorded June 30, 1966 as No. 66-07545 of
the Official Reoords of Jackson County, Oregon.
19. perpetual rights and non-exclusive easements to use the roads, as set out in
deed frc~MarionD. Imperatrioe to RichardG. Irelander ux, reoordedOctober 15,
1974 as No. 74-13557 of the Official Reoprds of Jackson County, Oregon.
20. Perpetual rights and non-exclusive easements to use the roads, also the
perpeO3~l right of Richard G. Ireland and Gloria S. Ireland, and their successors in
interest to use for all road purposes, and oontinuation of right of way, as set out
indeed frcm Maric~D. Imperatrioe to AlanK. Smithet ux, r~oorded October 15, 1974
as No. 74-13559 of the Official Records of Jackson County, Oregon.
21. Portion of Tract C is based on acreage. No liability is assumed for any
interest, dispute or claim which may arise relative to the boundary lines of said
description, nor for any state of facts which an accurate surveymight disclose.
(Affects portion of Tract C)
22. Grant of O~,~'.unications Syste~ Easement, subject tot he terms and provisions
thereof,, granted to AT&T Cc~nunications of the Pacific Northwest, Inc., a Washington
corporation, and recorded September 12, 1988 as No. 88-18995, of the Official Records
of Jackson County, Oregon, and as amended and corrected by instruments recorded
January 10, 1989 as NO. 89-00598, recorded March 8, 1989 as NO. 89-04692, and
recorded July 25, 1990 as NO. 90-18479, said Official Records. (Affects Tracts C and
D)
23. Agreement, subject to the terms and provisions thereof, regarding fence and
boundary line, by and between Marion D. Imperatrioe and Christos Kalemkeris and
Dorothy Kalemkeris, husband and wife, recorded June 21,1991 as NO. 91-14218, of the
Official Records of Jackson County, Ore~on. (Affects the westerly line of Tax Lot
200 of Tract D. )
24. A mutual access and utility easement, as set forth in Agreement Creating
~t, subject to the terms and provisions thereof, reoorded November 9, 1992 as
No. 92-34316, of the Official Records of Jackson County, Ore~on. (Affects the
southeast corner of Tract E)
25. Right of Way Agreement, subject to the terms and provisions thereof, with
Pacific Gas Transmission Cc~RDany, a Californiaoorporation, reoordedApril 6, 1995 as
No. 95-09111 and as NO. 95-09112, of the Official Reoords of Jackson County, Oregon.
(Affects Tracts A andB)
26. Right of Way Agreement, subject to the terms and provisions thereof, with
Pacific Gas Transmission Ccmpany, a California corporation, reoordedApril 6, 1995 as
NO. 95-09113 of the Official Records of Jackson County, Oregon. (Affects Tracts D &
E)
96-1~ 73.5
STATE C/F CALIFORNIA
COUNTY OF Alameda
On April 9 1996 before m~, V.B. Assorian ,
personally appeared ~Y k~ITE personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that h~/she/they executed the same in
his/he~/tb~_-~r authorized capacity(ies), and that by his/her/their signature(s) c~% the
instrument the person(s), or the entity upon behalf of which the person(s) ~, ~ted
the instrument.
Witness my hand and official seal.
STATE OF C~L.TFO~NIA
COUNTY OF Alameda
COMM. #10~2432 O
NOTARY I~IBLIC-CAUI:ORNIA
On April 9 , 1996 before ms, V.B. Assorian ,
personally appeared KARE~ WHITE personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed th~
instrument.
Witness my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF Alameda
On April 9 , 1996 before me, V.B. Assorian ,
personally appea'red MARIf~ D. IMPERATRICE personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person( s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Recorded
OFFICIAl. R~:CO~DS
CONTINENTAL LAWYERS TITLE COMPANY
JACKSON COUNTY TITLE DIVISION
370 LITHIA WAY
ASHLAND, OREGON 97520
FINAL ESCROW STATEMENT OF:
Buyer/Borrower: CITY OF ASHLAND
Property Location:
IMPERATRICE RANCH
ASHLAND OR 97520
Close of Escrow:
Escrow Officer:
04/15/96
PATRICIA GRAY, CEO
(L) - Denotes Lender Deducted Fee
Escrow No.: LP-65935
Debits Credits
CREDITS
Earnest Money ...................................
Deposit to close
Escrow ......................................
5,000.00
945,337.98
DEBITS
Purchase Price ..................................
County taxes paid in advance
from 04/15/96 to 07/01/96 ..................
76 days at 1.510000 per day
Special assessments paid in advance
from 04/15/96 to 07/01/96 ..................
76 days at 0.374111 per day
TID (TRACT D)
from 04/15/96 to 10/01/96 ..................
166 days at 20.315000 per day
Recording of Deed ...............................
Settlement or closing fee .......................
Transfer Fees ...................................
Talent Irrigation Dist
946,000.00
114.76
28.43
3,372.29
60.00
672.50
40.00
Sub-totals
950,287.98 950,337.98
Check Herewith
50.00
TOTAL
PATRiciA
950,337.98
950,337.98
CONTINENTAL LAWYERS TITLE COMPANY
JACKSON COUNTY TITLE DIVISION
370 LITHIA WAY
ASHLAND, OREGON 97520
ESTIMATED ESCROW STATEMENT
Buyer/Borrower: CITY OF ASHLAND
Property Location:
IMPERATRICE RANCH
ASHLAND OR 97520
Estimated Close of Escrow: 04/15/96
Escrow Officer: PATRICIA GRAY, CEO
(L) - Denotes Lender Deducted Fee
Escrow No.: LP-65935
Debits Credits
CREDITS
Earnest Money ...................................
5,000.00
DEBITS
Purchase Price ..................................
County taxes paid in advance
from 04/15/96 to 07/01/96 ..................
76 days at 1.510000 per day
Special assessments paid in advance
from 04/15/96 to 07/01/96 ..................
76 days at 0.374111 per day
TID (TRACT D)
from 04/15/96 to 10/01/96 ..................
166 days at 20.315000 per day
Recording of Deed ...............................
Settlement or closing fee .......................
Transfer Fees ...................................
Talent Irrigation Dist
BUYERS REFUNDABLE DEPOSIT
TO ESCROW ...................................
946,000.00
114.76
28.43
3,372.29
60.00
672.50
40.00
50.00
Sub-totals
950,337.98
5,000.00
Balance due this company
945,337.98
TOTAL
950,337.98 950,337.98
You are instructed to make deductions, adjustments and disbursements as
estimated above. Estimated amounts may be adjusted depending on date of
close of escrow. If funds are insufficient to pay our closing costs, we
agree to deposit sufficient funds for payment thereof.
ci LA '
ESC~0W n~CTI~
JAf/~RW OOUNTY TITLE DMSION
Cf~T~ LAWYERS TITLE C~PANY
ESCROW NO. LP-65935 pg
DATE: March 28, 1996
OFFICER: PATRICIA GRAY, C~0
PAID OUTSIDE OF ESCROW
~ OF REOORD
~ OF R~0RD
S
$
S
S
$
S
$
$
5,000.00
941,000.00
TOTAL C0~SIDERATI0~
946,000.00
I/WE will hand you, or cause to be handed you, all cash re~,~red as set forth hermann under
"(I]TSIDERATION", sufficient funds to pay costs and prorations dmrg~hle to buyer, and all
BUYER dockets neoessary to comply with these instructions, WHIC~ YOU ARE AUT~3RIW~D
TO USE ~ YOU CAN ISSUE OR CAUSE TO BE ISSUED YOUR STANDARD OWNERS Policy of Title
Insurance in the amount of $ 946,000.00 insuring the undersigned buyer that title to
premises described in title report dated 03/01/96 under Order No. LP-65935 IS VESTED IN;
CITY OFASHLAND, a municipal corporation
SUBJECT C~LY TO:
1. U~] printed exoeptio~s, stipulations and c~ditio~ in above foxre(s) of Policy.
2. Taxes for the 1995-96 fiscal yea_r PAID IN FULL
3. ~ts, cu~{tic~, restrictions, easements, rights and rights of ~ay of record,
if any, sho~n as items(s) 2 through 28
of title repoz~ above, a copy of ~h/ch the ur~kKrsi~ has Pd~CEIVED AND APPROgl~.
Parties herein are aware that property to be conveyed has been zoned or qualified for
"Farm Use" tax deferment. In the event the property is disqualified for such deferment,
the property will be subject to additional taxes, interest and possible statutory penalty.
Any such additional taxes shall be the responsibility of the buyer.
Parties herein acknowledge that all contingencies involved in this transaction,
specifically any set forth in earnest money agreement in connection herewith, have been or
will be satisfied outside this escrow with no responsibility and/or liability to the
escrow holder, and you are instructed to proDeed with the closing of this escrow.
IF ~N EARNEST M~qEY AG~~ or any form of Sale/Purchase Agreement is deposited in this
escrow, or held outside, you are not to be cc~oerned with the terms or tmovisio~s of said
document, NOR do these instructions supersede s~me, L~7.F~S ~sly cc~+_~ned here/n.
THE PARTIES AC~R~0WT.~T~"E that their Earnest Money ~t my co~tain provisions
despite the intent of the paz-ties, may fail to survive the closing due to other provisions
of the agreement or rules of law. It is understood that these issues are for the parties
to resolve with closing ~ts of their o~n oumpositio~. You are h~ rely_seal frc~
frc~ liability for the absence of ~ in the closing ~ts.
In the event parties hereto utilize facsimile transmitted signed /nstructio~s/doomm~ts,
parties hereby agree to accept and hereby instruct the Escrow Holder to rely upon such
/nstructio~s/documents as if they bore original signatures. Parties acknowledge and agree
to provide to the Escrow Holder the instructions/documents b~/ng original signatures
with/n 72 hours of transmissic~ of facs/mile. Parties understand that any ~_rly release
of funds from escr~ will not oocur until Esczow Holder b~$ recei~ o~iginally signed
instructions. Parties further understand that facsimile signed dockets will not be
acce~ted for recordation.
M~IES HAND~ TO THIS COMPANY IN THIS ESCROW, along with monies received in all escrows
with tb_is cuspany, will be ck~osited in nc~-interest bear/rig accounts. In co~sideratic~
of these accounts, the bank provides benefits (i.e., escrow acoount/ng servioes)
~hi~h are passed on to our custumers by not making additional c~ for these services
and in the c_~]o~ation of our escrow fees. Acco~/ng to our 1995 figures, these benefits
averaged $24.58 per indivic~] closing escrow.
Read & Aoproved:
KIMBERLY WHITE / KAREN WHITE
MARION IMPERATRICE
EF~I~OWNO. LP-65935
DATE: March 28, 1996
YOU ARE NOT TO BE OONCERNED WITH THE LEASE FOR PASTURE LAND AND ALL MA~TERS (I)5Ki51RNING
SAME SHALL BE OUTSIDE YOUR ESCROW.
AS TO TRACTS A & B ONLY:
The parties to this escrow are aware that it is the intent of KIMBERLY WHITE and KAREN
WHITE, Exchangor Seller, to create a tax deferred exchange in conformity with Section 1031
of the Internal Rs~enue Code and any applicable state codes. In order to ac~lish this,
Exchar~or Seller, entered into an agreement with NORTH AMERICAN REAL ESTATE SERVICES to
act as an "Ac~tor" in connection with this transaction. All prooeeds shall be paid
to the Acc~tor for acquisition of like property at a later date, and the closing
statement shall reflect tiaa same. The closing statement shall show the A~tor as
seller with the Taxpayer's name in brackets.
It is understood by all parties to this escrow that THE A~DATORNAMED HEREIN ASSL~4ES
NO LIABILITY FOR ANYDEFECTS OR REPAIRS REQUIRED ONTHE SUBJECT PROPERTY, or with any
defects in the condition of title now or in the future. All such warranties or
responsibilities shall rest with the Taxpayer for whose benefit the ~ator is
You, as escrow holder, shall not be responsible and/or liable for the terms and oonditions
of tt~ agreement between the said Taxpayer and Acoc~m~xtator, which has been prepared
outside of escrow. All fees of the ACCONNDdator shall be handled outside this escrow
between the Taxpayer and ~ator unless you are handed written instructions to the
contrary. No representation is made by the escrow holder as to the sufficie~ of any
~tor Agreements or with the form of this transaction as to the legal sufficiency,
legal tax effect or tax consequ~ of this escrow, as such determination would be
subsequent to the close of this escrow, at the discretion of the taxing authority.
THE VALUE ASSIGNED TO TRACTS A & B SHALL BE $208,120.00 AND SHALL BE THE FULL ~ OF
EXCHANGE VAI/JE FOR EXCHANGORS "WHITE".
NORTH AMERICAN REAL ESTATE SERVICES, hereby directs you, as escrow holder, to prepare the
deed under this escrow to show the subject property being deed directly frcm KIMBERLY
AS TO TRACTS C, D AND E, ONLY:
The parties to this escrow are aware that it is the intent of MARION D. IMPERATRICE,
Exchancjor Seller, to create a tax deferred exchange in conformity with Section 1031 of the
Internal Revenue Code and any applicable state codes. In order to acccmplish this,
Exchangor Seller, entered into an ag~m~m~_nt with NORTH ~V~ERICAN REAL ESTATE SERVICES to
act as an "Agccranodator" in connection with this transaction. All proceeds shall be paid
to the ~tor for acquisition of like property at a later date, and the closir~
statement shall reflect the same. The closing statement shall show the Accc~tor as
seller with the Taxpayer's name in brackets.
It is understood by all parties to this escrow that THE ACCON~ODATORNAMED HEREIN ASSUMES
NO LIABILITY FOR ANY DEFECTS OR REPAIRS REQUIRED ON THE SUBJECT PROPERTY, or with any
defects in the condition of title now or in the future. All such warranties or
responsibilities shall rest with the Taxpayer for whose benefit the Aoc~tor is
performing.
You, as escrow holder, shall not be responsible and/or liable for the terms and oor~__~tions
of tiaa agreement between the said Taxpayer and Aocxauuodator, which has been prepared
outside of escrow. All fees of the A~cxaguodator shall be handled outside this escrow
between the Taxpayer and Acoc~tor unless you are handed writ-ten instructions to the
contrary. No representation is made by the escrow holder as to the sufficieaacy of any
Aocc~anodator A47reements or with the form of this transaction as to the legal sufficiency,
legal tax effect or tax consequenoes of this escrow, as such determination would be
subsequent to the close of this escrow, at the discretion of the taxing authority.
NORTH AMERICAN REAL ESTATE SERVICES, hereby directs you, as escrow holder, to prepare the
deed under this escrow to show the subject property being deed directly frcm MARION
THE VALUE ASSIGNED TO TRACTS C, D AND E FOR SHALL BE $737,880.00 FOR EXCHANGOR MARION
IMFERATRICE. READ & APPROVED:
iT/~~ KIMBERLY WHITE / KAREN WHITE
INITIAL INITIAL INITIAL INITIAL INITIAL
MARLON IMPERATRICE
MA~ ADJU~ENT~/PRDRATIf~TS BASED ON 30 DAY MC~TH AS MARKED AS OF CLOSE OF ESCROW
(x) TAXES, except taxes on ~ property not oonveyed through this escrow, based
current fiscal year taxes. P~VER, /n the event the escro~ closes after July 1 and
before current taxes are publicly posted, you are instructed to prorate the taxes
based on the i~ately preced/ng ye~_ r's taxes unless the par~ies to the escrow fur-
nish you with an a~0unt muO~]ly agreed to as a basis for the tax pro~atic~.
( ) MOBILE ~K~4E TAXES for c~rrent fiscal ye~ r
( ) INTEREST o~ existing e~~ based c~ starenfant furnished to you
( ) R~/S~3RITY DEPOSITS based o~ re~tal stat~m~ent by seller & approved by buye~
(x) Nq54 FIRE ~ - Buyer to pay outside escrow
( ) TID ASSESSF]ENT $7313.40 PD TO 10/1/96
()
G~NERAL INSTRL~2TIONS: You are authorized to deliver, prepare,
r~K~_ssary instrtm~ts to car~ out the terms and cc~tio~s of this escrow. Si~B%atures of
the parties hereto c~ any c~ts or agre~a~ents prepar~ by you as ~ holder, or
d~posited /n escrow from an outside source, sha/1 constitute the cc~lete approval of the
terms, cc~tic~s and f~m of said ~ts.
In th~ event the c~tic~s of th/s Escrow have not ~ met by April 15, 1996
you are to cc~lete the sa~ at the earliest date thereafter, unless notice of cancellation
IN WRITING is given by e/ther paz~y.
Should any controversy, INCLUDING R~QUEST FOR CANF~.I~%TION, arise be~ th~ par~ies
h~reto, or with any th/rd person, you may refuse to ta~ any fu~ action h~ and
a~a/t settl~t of any such oc~troversy by joint instructions of the parties or by
appropriate legal prooeedi~. If you be~xmm~ a party to a civil actic~ by reaso~ of this
esczDw, you shall be entitled to re,vet your attorney fees and costs or other expense that
you in good faith may incur.
It is understood that T.V., water and utility charc~ will be adjusted bet~ the
seller and buyer outside th/s escrow, if not provided for here/n.
You are not requ/red to ascer~n c~liance with any "cc~_%~m~r credit protection",
truth in lend/r~, or similar laws, and shall have no liability for loss ~r damage arising
out of ~lianoe with su~ laws.
These instructi~s may be executed in counterparts, each of ~hich so exeoated shall,
irrespective of the date of its execution and delivery be d~ an original, and said
counter~s toc3ether shall o0nstitute c~e and the same /nstru~nt.
You are authorized to furnish copies of these instructions, suppl~ts or a~ts
thereto, nottoes of cancellation, closing statements and loan doc~r~nts to the r~a~] estate
a~ent(s) and le~(s), if any, r~ in this ~, if requested.
CLOSE OF ESCROW SHALL mean the date that documants, as required, are filed for reoord.
· he princ/pals to th/s escrow are hereby notified that the funds d~posit~d herein are
insured c~ly to the limit provided by Federal Deposit Insurance Corporatioga.
All dis~ts my be made by che~ of Jac~ County Title Division, Continental
Lawyers Title Cc~y, direct d~posit or wire transfer.
NOTICE IN ACCORDANCE WITH OAR 863-50-010: IT IS U~DERSTOOD BY THE PARTIES SIGNING THE
ABOVE OR A~n/]{ED ESCR0~ /]~STRL~TI~, THAT SUC~ INSTRIKSTIONS CONSTITUTE THE ~0LE
AG~T BETWE~ THIS FIRM AS ESCROW ~ AND Y~3 AS A PRINCIPAL TO THE E~
TRANSACTION. T~F~E INSTRUCTI~ MAY NOT INCI/JDE ALL THE TERMS OF THE AG~F~M~:~T WHIC~
IS THE ~ OF THIS ESCROW. READ THESE INSTRUCTIf~FS CAREFULLY AND DO NOT SIG~
By signature(s) hereunder, deposit of funds and/or documents as called for her~{n is made,
and you are authorized to charge my aco~unt with buyer's usual cha~, prorations, the
d~ for docu~ts, AND COSTS AS SET OUT ON ESTIMATED SEI~.~ STATemENT.
mUYER(S):
20 N MAIN ST
ASHLAND OR 97520
finally incl~ inc~rporatic~ of the G~I~ERAL INS-~UCTIONS, and will hand you necessary
dockets to c~v~y said property in aocc~ndar~ with the above /nstructic~s, ~HIC~ YOU MAY
USE ~ you hold for my/our aocount the total sales price, LESS any a~Dunts AS SET FORTH
ABOVE. I agree to pay seller's u~] char~, e~~ necessary to place title in
c~ti~ called for, prorations, AND CDSTS AS SET OUT ON ESTIMATED SEI~.F~T STAT~4~:WT.
READ & APPROVED:
S~.L~R(S): NORTH AMERICAN REAL ESTATE SERVICES
KIMBERLY WHITE / KAREN WHITE
~A~RICANRF_AL~T$~
MARION IMPERATRICE
(WHITE & IMPERATRICE )
JA~ (~ TITLE DMSI~
C~INENTAL LAWYERS TITLE CC~PANY
502 W. Ma~n Street (P. 0. Box 218) Medford, OR 97501
WARRANTY
KNOW ALL ~ ~ T~ESE PRESENTS, that ,
KIMBERLY WHITE, KAREN WHITE and MARION D. IMPERATRICE
(541) 779-2811
hereinafter called the Grantor, for the o0nsideratic~ hem_tnafter stated, to Grant~r
CITY OFASHLAND, a mun/cipal corporation
hereinafter coiled the Grantee, does hereby grant, bar~, sell and cc~veyunto the
sa/dGranteeandGrantee's h={rs, suocessors and assigns, that oertainre~_~] property
with the tenements, hereditaments and appurtsmances thereuntobe lodging or appertain-
ing, situated in the County of JACKSON , State of Oregon, described as follows
towit:
SEE EXHIBIT "A" AYTACHED HERETO AND MADE A PART HEREOF
th~{r assigns, that Grant~r is lawfully seized in fee simple of the above granted
premises, free from all enc~r~ances, ~
SEE EXHIBIT "A" A~ACHED HERETO AND MADE A PART HEREOF
and that Grantor will warrant and forever defend the said pr~nises and every part and
parcel thereof against the lawful cla/ms and demands of all perscms ~m~nsoev~r, except
THE TR~E AND AC~TN~L CC~SIDERATION paid for th/s transfer, stated in terms of dollars
is S 946,000.00
~ THE CE~TEXT SO REQUIRES, the s/ngular includes the plural and all ~rammatical
chanc3ms shall be implied to make the provisions hereof apply ec~]ly to individuals and
to corporations.
IN WITNESS WHEREOF, the grantor has executed this instrument this day of
· 1996.
"THIS ~ WILL NOT AT.TOW USE OF THE PROPERTY DESCRIBED IN THIS /2~STR[~ENT IN
VIOLATIM OF APPLICABLE LAND USE LAWS AND RE~JLATIONE. BEFORE SIGNING OR ACCEPTING THIS
IN~TRL~2~T, THE FERSON AC~ FEE TITLE TO THE PROPERTY SHOULD C}{ECK WITH ~ APPR0-
PRIATE CITY OR COUNTY P~ DEP~ TO VERIFY APPROVED ~SES, AND TO DETERMINE ~NY
KIMBERLY WMITE KAREN WHITE
MARION D. IMPERA~CE
STATE OF ORfX~ON
COUNTY OF
The foregoing instr~nent was acknowledged before~ of ,
/,/ SPACE FOR nEOO~DE~ S US~
Notary Public for
cc,md. DOCOIIENT HEREBY APPROVED
~ Tax Statements to: AS TOTERMS, FORM ANT) CONOITI01~
.tee !NTAINED '
20 N ]v~"['N ST ~
ASHLAND OR 97520 ........... .