HomeMy WebLinkAbout1996-045 Lease - AndersonImperatrice LEASE
Agreement made as of April 15, 1996, by the City of Ashland, Oregon, ("City") and
Ron Anderson, 280 Worthington Road, Eagle Point, Oregon, ("Tenant").
City, in consideration of the sum of $5,872, leases to tenant the real property
described on the attached Exhibit A for a term beginning on April 15, 1996, and
terminating at midnight on April 14, 1997.
City and tenant agree as follows:
1. $2,936 rental shall be paid on or before the execution of this lease. $2,936 shall be
paid on or before June 15, 1996. Tenant shall pay interest at the rate of 10% per
annum on the $2,936 after due date until paid.
2. The tenant will not use the lands described above other than for cattle pasturing,
cattle feeding, and hay raising.
3. The tenant will not assign this lease, or any interest therein, and that neither this
lease, nor any interest therein of tenant's, shall be assignable or transferable in
proceedings by or against tenant in execution, bankruptcy, insolvency, or in any other
manner, or by operation of law.
4. The tenant shall, at tenant's own cost and expense, irrigate these premises to the
best of tenant's ability; however, that City shall pay the irrigation assessment.
5. The Tenant shall not cut nor allow any other person to cut or carry off from these
premises any tree or wood, nor burn any stubble, grass, weeds, or any substance
growing upon these lands, or any part thereof, without first having obtained the written
consent of City; and tenant expressly covenants and agrees to hold City free and
harmless from all damage caused by fire resulting from the use or operation of these
lands by tenant, or any of tenant's servants or employees; and agrees that any
damage done to any canal, ditch, bridge, or culvert upon these lands by tenant, or
any of tenant's servants, agents, or employees, shall be repaired by tenant at tenant's
own cost and expense.
6. Tenant will keep and maintain all fences, upon these premises, or which may be
placed thereon during stated term, in as good order, condition, and repair as they are
now in, damage thereto by elements excepted.
7. Tenant further agrees that, in the event tenant shall not well and truly keep and
perform, time being made the essence hereof, tenant shall forfeit unto City all rights to
further occupancy of these lands, or any part thereof, and agrees that it shall be lawful
for City, at City's option, without any legal process of warrant, to re-enter upon these
premises and remove all persons therefrom and hold these premises without
interference on the part of tenant and tenant agrees that, in such event, this lease shall
be terminated and the tenant shall not be entitled to any rights thereunder.
PAGE 1-LEASE Ip:,.~..derso..~sel
Ron Anderson
8. In the event City waives any rights herein reserved or waives the performance of
any covenant to be kept and performed by tenant, expressed or implied, or any
breach thereof by tenant, such waiver shall not be construed to be a waiver of any
subsequent breach of a like or other covenant.
9. Upon the expiration of this lease, or any earlier termination thereof, tenant will yield
up possession of these premises unto City, or City's agents or assigns, in as good
order and condition as reasonable use and wear will permit, damage by the elements
excepted.
10. Tenant accepts this lease and agrees to fulfill all covenants and conditions on its
part to be kept and performed, and enters upon these lands with full knowledge of the
condition of its roads, soils, canals, sloughs, fences, wells, pumps, pipes, tanks,
troughs, bridges, culverts, and other improvements; and agrees that in no event shall
City be held liable for damage by flood, water, fire, or from any other cause
whatsoever. Tenant further covenants and agrees to indemnify and save harmless the
City from any and all such damage or injury out of its operation of the premises; and
tenant further agrees that it will not do nor will it permit to be done any act or thing
upon these premises, the improvements, or the ditches on, upon, or adjacent to these
premises which will, in any way, injuriously affect the strength or stability of these
improvements, or of these ditches, upon or around these lands, or impair the
usefulness thereof.
11. In the event of an appeal from a judgment or decree in any suit or action
necessary to enforce any of the terms hereof, or conditions of this agreement, the
prevailing party shall be entitled to sums as the court may adjudge reasonable as
attorney fees in the suit or action.
In the event of an appeal from a judgment or decree in any suit or action necessary to
enforce any of the terms hereof, or conditions of this agreement, the prevailing party
shall be entitled to sums as the court may adjudge reasonable as attorney fees in
such an appeal.
12. City agrees that tenant, paying and delivering the rent and performing the
covenants and agreement in this lease on the part of the tenant to be performed at all
times during stated term, shall peaceably and quietly have, hold, and enjoy the
premises without any suit, trouble, or hindrance from City.
13. Notwithstanding any other provision in this lease, City, its employees, agents,
consultants and contractors, shall have the right to go upon the property to test,
survey, examine and improve, including but not limited to collecting soil samples
through borings or test pits; installing, maintaining and sampling ground water;
monitoring, excavating, constructing, maintaining and operating irrigation systems; and
performing any other investigations, analyses or assessments with respect to the
property and its intended use by the city that may be necessary or appropriate. City
shall have no liability because of, or as a result of, the activities described in this
paragraph that might affect tenant's use of the property.
PAGE 2-LEASE (p:real\anderson.lse)
14. This lease shall bind and inure to the benefit of the parties, their heirs, successors,
and assigns.
15. Time is expressly made of the essence of this agreement.
Brian L. Almquis~"'-/
City Administrat(~//
TENANT: / %
Ron Anderson
280 Worthington Road
Eagle Point, OR 97524
DATE:
DATE:
PAGE 3-LEASE Ip:rea,~a,derso,.~sel
((ontinued)
EXHIBIT "A"
TRACT A: The Southwest ~,mrter of Section 27 in Township 38 South, Range 1 East of
the Willamette Meridian in Jackson County, Oregon.
(Code 5-2, Account #1-9618-5, Map #381E27, Portion Tax Lot #100)
TRACT B: Beginn/rig at the southeast oorner of Section 28, Townsh/p 38 South, Range 1
East, of the Willamette Meridian in Jackson County, Or~n; themoe West, alc~g t~
the south line of Sectic~ 28, a distance of 605.0 feet; thehoe Nc~-th, parallel with
the east line of Sect/on 28, a distance of 2630.0 feet; ~ East 605.0 feet to
said east lira; thence South, along said east line, 2630.0 feet to the Point of
(Code 5-2, Aooount #1-12340-6, Map #381E28, Tax Lot #600)
TRACT C: Beginning at t~e southeast oorner of Section 28 in Tc~p 38 South, Rarge
1 East of the Willsmetre Meridian in Jackson County, Oregon; t~ West along the
south line of said Section, 1650.0 feet; thence North parallel with the ~st line of
said Section, 2630.0 feet; ~ East 1650.0 feet to the east line of said Section;
thence South, along said line, 2630.0 feet to the point of beginnirg. EXCEPTING
THEREFRC~ the following: Beginning at the soutl~x3st oorner of Section 28, Township 38
South, Ra~e 1 East, of ~ Willamette Meridian in Jackson County, Oregon; t/~JxDe
West, along the t~ south lir~ of Section 28, a distance of 605.0 feet;-thence North,
parallel with t~e east line of Section 28, a distahoe of 2630.0 feet; thehoe East
605.0 feet to said east line; thence South, along said east line, 2630.0 feet to the
Point of mecjirn/r~.
ALSO, the West 60.0 acres of the Southe~_$t ~3~rter of Section 28 in Township 38
South, Range 1 East of the Willamette Meridian in Jackson County, Oregon. ALSO, Tract
15 of "ASHLAND ACRES" in Jackson County, Oregon, according to the official plat
thereof, now of reoord.
(Code 5-2, Account #1-12339-2, Map #381E28, Tax Lot #500)
(Ccde 5-2, Acoount #1-12341-4, Map #381E28, Tax Lot #700)
TRACT D: Beginning at the northwest corner of Dc~ation Land Cla/m No. 49 in Township
38 South, Range 1 East of the Willamette 5~=_ridian in Jackson County, Oregon; ~
South 50.0 feet, along the w~st 1Lne of said Claim; thehoe East parallel with the
r~ line of said Cla/m, 2870.0 feet; t~ North 50.0 feet to said north line;
~ West, along sa/d line, 2870.0 feet to the point of beginning. EX_c~PTING
THEREFRC~ that portion oonveyed to the State of Oregon, by and through its State
Highway Cc~mission, by deed recorded in Volume 530 page 505 of the Deed Records of
ALSO, Tracts 9, 10, 11 and 12 of "ASHLAND ACRES" in Jackson County, Oregon, accord/rig
to the official plat t~f, now of _Doeoral. EXCEPTING theref£c~]. that portion
acqu/r~d by the State of Oregon, by ar~ through its State Highway C~,,,,~ssion, by
F/hal Judgment reft_red October 16, 1962 in the Circuit Court of Oregon for Jackson
County, under Case No. 61-822L, and recorded in Volume 170 page 599 of the Circu/t
Court Jourr~l. ALSO EXCR~TIA~ t2~refrcm, the following: Beginn/ng at the southwest
corr~r of said Tract 9; ~ North 948.30 feet to the northwest corner ~f;
~ East 567.70 feet; t/~_nce South 8° 45' West 1144.0 feet to the northerly 1/he of
the County Road; thence North 64° 35' West, alcmg said line, 429.6 feet to t~e point
of beginning. ALSO EXCEPTING t~_ref~ that portion acquired by the State of Oregon,
by ar~ through its State Highway Cc~mission, by Final Judgment rendered September 7,
1966 in the Circuit Court of ~ for Jackson County, under Case No. 65-342L and
reoorded in Volume 204 page 654 of the Circuit Court Journal. ALSO EXCEPTING
tb~_refrum that portion cc~veyed by Deed recorded February 17, 1967 as No. 67-01380 of
tk~ Official Reoords of Jackson County, Oregon. ALSO, EXCEPTING THEREFRC~ the
followir~: A paroel of land lyir~ in Tracts 8, 9, 11 and 12, ASHLAND ACRES,
County, Oregon, tb~ said parcel being described as follows: Beginn/rig at a po/r~..~
opposite and 150 feet Northeasterly of Engineer's Station 1345+00 on :dne center 't~r~
of the r~ocated Pa. cific }~ghw-ay; ~_~c~ Sout3~_asterly in a straight line to a point
opposite and 200 feet ~.~terly of E~gineer's Station 1350+00 on said center
lira; tl~_~ce ~k~easterly in a stm-aight line to a point opposite and 550 feet
Northeasterly of Engineer's Static~ 1354+00 on said center line; thence
Southeasterly, parallel with said oenter line tO a point opposite Engineer's Station
1362+O0; ~ Southeasterly in a straight li6e to a point opposite and 152.5 feet
Northes__sterly of Engineer's Station 1373+00 on said oenter 1/he; thence Northwesterly
in a straight line to a point opposite and 150 feet Northeasterly of Er~ir~er's
Staticn 1372+00 on said center lira; ~ Northwesterly in a straight lir~ to a
point o~osite and 180 feet Northeasterly of Engineer's Station 1366+00 cn said
center line; t2~r~e NozThwes~erly, parallel with said center line, to a point
opposite Engineer's Station 1363+00; thence Noltefly in a straight line, to a
point opposite and 170 feet Northeasterly of Engineer's Station 1357+00 on said
( Continued )
center line; thence Northwesterly in a straight lir~ to a point opposite and 150 feet
Nor~J~as~rly of Er~3ineer's Station 1351+00 on said oenter lin~; t~
Northwesterly, parallel with said oenter line, to the point of beginnS.
The oenter line referred to herein is described as follows:
Beginning at Engineer's center lir~ Station 1345+00, said station beir~ 1230.70
feet South and 353.36 feet East of the northeast oorne~ of the John Barrett
Donation Land Claim No. 48 in Tc~p 38 South, Rar~e 1 East of the Willamette
Meridian in Jackson County, Oregon; t~ South 62° 21' East 2800 feet to
Engineer's oenter line Station 1373+00.
ALSO, BeGinni~ at a point which is South 645.00 feet of the no~ corr~_r of
Tract 7 in "ASHLAND ACRES" in Jackson County, Or~, aocord~ng to the official plat
thereof, now of reoord; thenc~ South 105.00 feet; t~ We~st 521.30 feet; t~
North 0°09' East 140.00 f~et; thehoe South 85°46' East 500.40 feet to the point of
(Cod~ 5-8, Acoount #1-12687-6,
(Code 5-8, Aocount #1-12688-4,
(Code 5-11, Account #1-12360-1,
Map #3815132, Tax Lot #100)
Map ff381E32, Tax Lot #200)
Map #381E32, Tax Lot #200)
TRAL~ E: Tracts 16, 17, 18, 19 and 20 of "ASHLAND ACRES" in Jackson County, Oregon,
aocorcli~ to the official plat t~_reof, now of record. EXCEPTING THEREFRCM that
po~i/on ac~Hred by the State of Oref3on, by and through its State Hi~mray C~,,~Hssion,
by Final Jud~t rer~ October 16, 1962 in t~ Circuit Court of Or~ for
Jackson County, under Case No. 61-822L, and reoorded in Volun~ 170 page 599 of tb~
Circuit Cour~ Journal. ALSO EXCEPTING therefrom that portion aoguired by the State of
Oregon, by and through its State HiGhway Cc~ntission, by Final JudGment r~_~red
Sep~ 7, 1966 in the Circuit Court of Oregon for Jackson County, under Case No.
65-342L and reoorded in volume 204 page 654 of the Circuit Court Journal. AlSO
EX__~ING tJ~_refron that portion of Tracts 18, 19 and 20 of "ASHLAND ACRES" in
Jackson County, Orec3on, lyinG Sout~terly of OreGon Interstate Highway No. 5. ALSO
EXCKPTING THEREFRC~ the followir~: BeGir~ at the northeast corner of Tract 17 of
"ASHLAND ACRES" in Jackson County, Orecjon, a~cord4r~ to the official plat t~f,
now of reoord and which is tb~ sout~t corner of Section 28 in Tc~nship 38 South,
Rar~ 1 East of the Willamette Meridian in Jac~ County, Orec3on; tJ~_noe South
1705.00 feet to the north lir~ of tract described in Volume 170 page 567 of the Dccd
Records of Jackscn County, Orecjon; t~ West 660.00 feet; tJ~_nce North 1705.00 feet
to the north line of said Tract 17; thence East 660.00 feet to the point of
ALSO, BeGinnir~ at a point South 89° 45' West 40.00 chains frcm the quarter oorner
betn~en Sections 33 and 34 in Township 38 South, Range 1 East of the Willamstte
Meridian in Jackson County, Oregon; t~ North 1485.00 feet; t~ North 89° 45'
East 440.22 feet to the w~st line of Tract 17 in "ASHLAND ACRES" in Jackson County,
Orec3on, aooord]n~ to tt~ official plat thereof, now of record; t~ South, alonG
said line, 1485.00 feet; theno~ South 89° 45' West 440.22 feet to th~ point of
(Code 5-8, Account #1-12714-2, Map ~381E33, Tax Lot #200)
(Ccde 5-11, Aocount #1-12367-6, Map #381E33, Tax Lot #200)
C
ITY
O F
A
SH
LA
ND
CITY HAL
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
L
April 23, 1996
Ron Anderson
280 Wo~hington Road
Ea~;;~oint, OR 97524
RE: Lease Agreement
I have enclosed an original of the lease agreement entered into on April 15, 1996,
between you and the City of Ashland in which you are leasing property from the city
for a term beginning on April 15, 1996, and ending at midnight on April 14, 1997. This
original is for your records. The second original is on file with the Ashland city
recorder.
CITY A'i-I-ORNEY'S OFFICE
Sharlene P. Stephens, ALS
Legal Assistant
Enclosure
c: Barbara Christensen, City Recorder
(p:daily\anderson.ltr)