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HomeMy WebLinkAbout1993-034 Sale Deed - Southern Pacific TransportationCRATER TITLE INSURANCE CO. "Our Product is Peace of Mind" 485 Ea~t Main Street · Ashland, Oregon 97520 ° (503) 482-4006 · FAX (503) 482-2941 April 16, 1993 City of Ashland 20 East Main Street Ashland, Oregon 97520 Regarding: Escrow # 89332KR Southern Pacific Trans/City of Ashland Lot 10 Railroad Village Subdivision Gent lemen: Enclosed, please find: Owners Title Insurance Policy Check in the e~nount of $25.74 representing a refund Final Closing Statement Receipt for funds deposited to escrow 0~ginal recorded Deed ~~ecords. , -- V Robb Underwritten by First American Title Insurance Company of Oregon MARCH 29, 1993 CRATER TITLE INSURANCE COMPANY BUYER CLOSING STATEMENT ORDER: 89332KR PAGE 1 BUYER: CITY OF ASHLAND BUYER'S ADDRESS: 20 EAST MAIN STREET ASHLAND, OR 97520 SELLER: SELLER'S ADDRESS: SOUTHERN PACIFIC TRANSPORTATION ONE MARKET PLAZA SUITE 912 SAN FRANCISCO, CA 94105 PROPERTY ADDRESS: UNIMPROVED A STREET ASHLAND, OR 97520 SETTLEMENT DATE: 03/29/93 BUYER CHARGES PRORATE DATE: 03/29/93 PRICE: $186,600.00 P.O.C AMOUNT Sale Price County taxes $1,878.68 prorated from 03/29/93 to 06/30/93 at 5.147068 per day. Settlement or closing fees to CRATER TITLE INSURANCE CO. 186,600.00 $483.82 $280.50 Recording Fee to CRATER TITLE INSURANCE CO. $55.00 GROSS DUE FROM BUYER 187,419.32 BUYER CREDITS DEPOSIT TO CLOSE to CRATER TITLE INSURANCE CO. TOTAL PAID BY/FOR BUYER P. O. C AMOUNT 187,445.06 187,445.06 GROSS DUE FROM BUYER 187,419.32 TOTAL PD BY/FOR BUYER 187,445.06 NET TO BUYER 25.74 PLEASE EXAMINE THIS STATEMENT AT ONCE. If no error is reported in 15 days, the account will be considered correct. Failure to report error within the above 15 days shall constitute acceptance of this statement and will be considered an acknowledgment by parties of receipt of all papers and monies due them and a full release of above title company from all liability in connection with handling of said escrow. NOTE: Real property taxes run from Jul~ 1st to June 30th.. Irrigation assessments run from January 1st to Dec~ber 31st. THANK YOU FOR THE OPPORTUNITY ~ KATHL'EFALROBBI~IS~--F~en~or Escrow Officer URCHASER * * * ~ity nf /l~h!a~ld * * * 2307947 CASHIER'S CHECK Pay To The Order Of ** * Crater Title INsurance * * * $***187,445.06'* NOTICE TO CUSTOMER The pu~ctlase of an indemnity bond may be r~quired before any officisl check of this Bank will be replaced in the event it is Ios~ misplaced or StoJen. ALTA Owings SCHEDULE A Policy No. 285597/CTI - 89332 Amount of Insurance $186,600.00 Premium $672.50 Date of Policy: March 29, 1993 at 9:46 A.M. 1. Insured: CITY OF ASHLAND, a municipal corporation, of the State of Oregon The estate or interest in the land which is covered by this policy is: an estate in fee simple Title to the estate or interest in the land is vested in: CITY OF ASHLAND, a municipal corporation, of the State of Oregon The land referred to in thin policy is set forth in Description Sheet attached. 285597/u1'! - 89332 DESCRIPTION SHEET The land referred to in this report/policy is situated in the State of Oregon, County of Jackson and is described as follows: Lot 10 RAILROAD VILLAGE SUBDIVISION, a Commercial Subdivision to the City of Ashland, in The City of Ashland, Jackson County, Oregon. CTI- 89332 ALTA POLICY FORMS STANDARD OOVERAGE SCHEDULE B This policy does not insuxe again.~t loss or damage, and the Company will not pay costs, attorney's fees or expenses, which arise by reason of the following: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, encumbrances, or claims thereof, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water fights, claims or title to water. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. A Bike Path easement, over and across the Northerly 8 feet, as shown on the recorded Plat and Dedication. 7. Spring water line as shown on the recorded Plat and Dedication. Reservation of all minerals and mineral rights, interests, and royalties, including, without limiting, the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under the property, but without the right of surface entry, as set forth in deed recorded March 29, 1993, as Document No.93-09654, Official Records of Jackson County, Oregon. SEE SCHEDULE B - CONTINUED 285597/uf! - 89332 SCHEDULE B- CONTINUED 10. 11. Recognition that thc herein described land adjoins a railroad operation which may create some noises and vibrations affecting the herein described land and a release from all liability, co~t and expense resulting therefrom, as set forth in deed recorded March 29,1993, as Document No. 93-09654, Official Records of Jackson County, Oregon. Covenant to construct and maintain, at its own expense and to Southern Pacific Transportation Companys' satisfaction, a lllinimum six (6) foot high chain llnk fence or other fence type providing an equally effective security barrier. This fence shall be erected adjacent to G-rantor's property line prior to occupancy.as set forth in deed recorded March 29, 1993, as Document No.93-09654, Official Records of Jackson County, Oregon. Release from all responsibility and liability regarding the condition (including, but not limited to, the physical condition or presence of hazardous materials), valuation or utility of the herein described land, as set forth in deed recorded March 29, 1993, as Document No. 93- 09654, Official Records of Jackson County, Oregon. 285597/CTI - 89332 Street 7th Street 8th Street 3O ALTA Owners Policy (4/6/90) 2855?? First American Title Insurance Company o£ Oregon 200 S.W. Market St. · Portland, Oregon 97201 · (503) 222-3651 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. ~uthorized Offic~'~ ~~ ~ ~ 0-"~ dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON T1-191 7/91 Street Address City State [~ 93-09654 AND WHEN RECORDED MAIL TO Approved as to Form By General Counsel May 13, 1991 RECORDED AT THE REQUEST OF: O_.. CRATER TITLE INSURANCE CO BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, hereinafter called "Grantor," for the consideration hereinafter stated, does hereby convey unto CITY OF ASHLAND, a municipal corporation of the State of Oregonhereinafter called "Grantee," all of that certain real property situated in the City of Ashland, County of Jackson, State of Oregon, as more particularly described in the Exhibit "A" attached and hereby made a part hereof, (the "Property"), subject to all covenants, conditions, restrictions, exceptions, easements, rights-of-way, rights-of-access, agreements, reservations, encumbrances, liens and other matters as the same may be of record; any matters which would be disclosed by survey, investigation or inquiry; and any tax, assessment or other governmental lien against the Property. Grantor excepts from the Property and reserves unto itself, its successors and assigns, all minerals and mineral rights, interests, and royalties, including, without limiting, the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under the Property; however, Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into, or through the surface of the Property in connection therewith. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITN THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. [ORS 93.040(1)] Grantee acknowledges that Grantor is operating (and will continue to operate) a railroad upon its adjoining property, and recognizes that such operation may create some noises and vibrations affecting the Property. Grantee accepts the Property subject to such noises and vibrations, and / ~ereby covenants to release Grantor from all liability, cost and expense --~a_~4~ulting therefrom. This covenant shall run with the Property, and shall ~ ' binding upon the successors and assigns of Grantee. ~ Dy acccpti,ng t,his dccd, Gra,qtcc cxprc;3ly covc,na,nt; to coii~t,-~ct a,',d J ~ ,,,~,,,~,,~ ~ ,~ ~ ...... ~ ............. afl ................. , a ................. By accepti~ ~ e~e~e ~d ~o G~Eo~'s sa~is~acEio~, a ~ s~x (6) ~ooC hiSh ch~L~-1i~ ~ence, o~ o~e~ ~e p~o~ ~ eq~lly e[~ecCive sec~iCy ba~ie~. ~is ~e~ce shaZi be e~ec~ed ~d]ace~C Eo G~to~'s g~ogeTCy li~e ~io~ ~o occ~c%. ~is cove~C is ~o~ the he. eRiC CONSIDERATION ~186.600.00 Document 0075B Page 1 of 3 SEND TAXES TO: ASHLAND CITY HALL ASHLAND, OR 97520 0 Grantee, by signing below, expressly acknowledges that Grantee is buying the Property in an "AS IS" condition and that Grantee has relied upon its own independent investigation of the physical condition of the Property. Grantee hereby releases Grantor and Grantor's shareholders, officers, directors, agents and employees from all responsibility and liability regarding the condition (including, but not limited to, the physical condition or presence of hazardous materials), valuation or utility of the Property. TO HAVE AND TO HOLD the same unto Grantee and Grantee's heirs, successors and assigns forever. The true and actual consideration paid for the transfer, of dollars, is ON[ HUNDR£D £IGHTY-SIX THOUSAND SIX ($186,600.00). (ORS 93.030) stated in terms HUHDR£D DOLLARS In construing this Deed and where the context so requires, the singular includes the plural, and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and individuals. IN WITN£SS WH£R£OF, the Grantor has executed this instrument this ~/~ay of F~u~/~' , 19 77; if a corporate Grantor, it has caused its name to be signed and its seal affixed by its officers duly authorized thereto by order of its Board of Directors. GRANTOR: SOUTHERN PACIFIC TRANSPORTATION COMPANY By: Title: Attest: t~)Vice President STATE OF CALIFORNIA COUNTYOF San Francisco .}S.S. On March 1, 1993 beforeme, NANCY L. GLOTFELTY a Notary Public in and for said County and State, pemonally appeared J. A. Holm and B. J. Medina FOR NOTARY SEAL OR STAMP 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 capacily(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 F 2492 (5-gl) ~ ~e/ Notory Pul:Wic -- Colifomlo ~ · ~ SAN FEANCfSCO COUN1Y ~ · ~'" MyComm, E~/:~e~JUL4, 1g~5 ~ Notary Public Document 0075B Page 2 of 3 GRANTOR' S NAME AND ADDRESS: SOUTHERN PACIFIC 2RANSPORTATION COMPANY San Francisco Regional Office - Raal Estate One Market Plaza, Suite 912 San Francisco, CA 94105 GRAN'IEE'S NAME AND ADDRESS: CITY OF ASHLAND 20 East Main Street Ashland, OR 97520 Until a change is requasted, all tax statements shall be sent to the following address: CITY OF ASHLAND 20 East Main Street Ashland, OR 97520 Original of recorded deed shall be sent to: CITY OF ASHLAND 20 East Main Street Ashland, OR 97520 Grantee hereby accepts this deed and agrees for itself, its successors and assigns, to be bound by the conditions and covenants set forth herein and to perform all obligations of Grantee set forth herein. Dated this ~r~-day of ~ , 19 .~ . CITY OF ASHLAND FORM Nc*. 24--ACKNOWLEDGMEN?--CORPORA?ION. STATE OF OREGON, c_.~On t ' ' day of before both to me personally known, who being dt~ly sworn, did say that he, the said ~/z f~/ c~'_r-~-~"~--f~ ts the President, and he, the said . . is the Secretary of the within named Corporation, and that the seal affixed to said mstri~ment is the corporate seal of said Corpora- lion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and . and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed OFFICIAL SEAL SUSAN M. ",'AT ~$ NOTAF~Y PUBLIC - OREGON CL')LIM S~ON ~.!0. 00977~i my official seal the day and year last above written. My Commission expires ~.~ t~ bR # 51801, Ashland Or., City of Approved: 93-09654 EXHIBIT "A" That Parcel of land described as Lot 10 of the RAILROAD VILLAGE SUBDIVISION to the City of Ashland according to the Official Plat thereof, now of record in Jackson County, Oregon. Together with Grantors rights, excepting mineral rights as herein before reserved, title and interest in and to that portion of that certain 20.0 foot wide Alley and P.U.E. as shown on said Plat, and that portion of "A" Street as would attach by operation of Law.