HomeMy WebLinkAbout1990-064 Sale Deed - LawrenceBARGAIN AND SALE DEED /~,(:)~
NHL HOLDINGS, a California Limited Partnership, hereinafter
called "Grantor", conveys to the CITY OF ASHLAND, OREGON, a Municipal
Corporation, of the State of Oregon, hereinafter called "Grantee",
all that real property situated in Jackson County, State of Oregon
described as:
Code 5-1 Account 1-6(
Code 5-1 Account 1-6(
Code 5-1 Account 1-6(
)85-9 Map 39 1E 8DC Tax Lot 100
)86-7 Map 39 1E 8DC Tax Lot 200
)92-3 Map 39 1E 8DD Tax Lot 300
Ail as more particularly described on Exhibit "A" which is
attached hereto and incorporated herein and at the bottom of which
bea£s the notation "Page 2 of 3 C.TI-78815", and which bears the
LAWRENCE.~/
signature of either NANCY BLACK LAWRENCE or
Subject to the following conditions subsequent:
1. That the subject land shall be used only as open space as
that term is presently defined in ORS 308.740(1)(A), (B), (C) and
(E), it being the intent that the subject parcel shall be preserved
as much as possible in its natural umimproved state for passive
enjoyment; however, the Grantee shall be allowed to place a hiking
trail On the subject property.
2. That the Grantor, its heirs, successors, and assigns, as
to parcel 391E8DD TL400 shall be permitted to siphon water from the
irrigation channel which traverses said parcel, and which is on the
same terms and conditions as other presently existing users are
presently allowed to take water in the future.
3. That the City of Ashland shall not require Grantor, its
heirs, successors, or assigns, as to parcel 391E8DD TL400, to permit
piac~me~lt of any public hiking9 ~cail, oc ~i~L~il~ facility on saiC
parcel, or place such facility on said parcel under power of eminent
domain.
4. That the City of Ashland shall pay to Grantor their
attorney's fees incurred in this donation of property, it being
unerstood that said attorney's fees shall not exceed ONE THOUSAND
DOLLARS ($1,000.00) and to be chargeable at the rate of ONE HUNDRED
FIFTY DOLLARS ($150.00) per hour.
-1-
Bargain and Sale Deed
REiNALD L. SALTER
ATTORNEY AT LAW
94 THIRD STREET
A~HLAND, 13REG~3~ cJ?5:~n
~0--309~ 5. Grantee, by acceptance of this Deed acknowledges that the
Subject property may be landlocked, and specifically waives any claim
to any easement of necessity or other access rights to the subject
property over any other lands owned by Grantor, it being acknowledged
that Grantee has available to it the power of eminent domain to
obtain an access.
Should Grantee, its successors and assigns fail to adhere to
the foregoing conditions, Grantor, its successors and assigns as to
parcel 391E8DD TL400 shall have the power to terminate all right,
title and interest of Grantee granted by this Deed, and shall
thereupon have and enjoy all this property forever as if this deed
had not been made.
This conveyance is a gift by the Grantor to the Grantee. The
true and actual consideration for this transfer is the kind feelinqs
and affection that the Grantor has toward the City of Ashland, the
Grantee. The Grantee acknowledges that the property hereby conveyed
to it has at the present time a fair market value of SEVENTY-FIVE
THOUSAND DOLLARS ($75,000.00).
Until a change is requested, all tax statements should be
sent to the following address: City of Ashland, 20 East Main Street,
Ashland, Oregon, 97520.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
Dated this~ day of (~r--~' , 1990
STATE OF CALIFORNIA )
:
County of ~ .~... ~/~ )
/
On ~.~ ~ , 1990, personally appeared NANCY BLACK
LAWRENCE and HAR~Y ~AWRENCE, constitute all of general partners of
NHL HOLDINGS, a California Limited Partnership and acknowledge the
foregoing instrument to be the voluntary act and deed of said Limited
Partnership. ~:
Not~ry P~bli~for.O~~.~~
My Commission expires:
-2-
Bargain and Sale Deed
~NALD I. SALTE~
ATTORNEY AT LAW
94 THIRD ~TREET
A~HLAND, r'IREGI-IN 975213
0-30926
PRELIMINARY TITLE REPORT
Legal Description of Real Property_ being searched:
A tract or parcel of land situated in the Southeast quartex of Section 8, Township 39 South,
Range i East, Willamette Meridian, Jackson County, Oregon, and being more fully described as
follows:
Commencing at a found pipe and bronze disk situated at the interse~ion of the centerline of
Granite Street with the section line common to Sections 8 and 9, said Township and Range, said
monument bears South 00° 06' 52" East, 2027.32 feet from a found 8 inch by 9 inch sandstone
with an X chiseled in the top, situated at the quarter corner common to Sections 8 and 9, said
Township and Range; thence North 00" 06' 52" West along the section linc common to Sections
8 and 9, a distance of 709.38 feet to the Northeast corner of the South half of the Southeast
Cluarter of Section 8, said Township and Range; thence leaving said section linc, South 89`' 56'
02" West along the Northerly boundary line of the. South half of the Southeast quarter of said
Section 8, a distance of 485.54 feet to a found 5/8 inchiron rod situated at the Northwest corner
of that tract or parcel of land as surveyed and set forth on Recorded Survey Nos. 10050 and
10050A and filed in the office of the Jackson County Surveyor; thence continue South 89° 56'
02" West along said Northerly line 500 feet to the Northeast corner of that tract de.scribed in
Document No. 87-11775, said Official Records; thence South along the East line of said tract
87.125 feet to the Southeast comer thereof; thence West along the South line of said tract 250
feet to the Southwest corner thereof; thence North along the West line of said tract 87.125 feet
to the Northerly line of said South half of the Southeast quarter;, thence South 89" 56' 02" West
along said Northerly line 70 feet, more or less, to the Southeast 1/16 corner of said Section 8 and
the tree point of beginning; thence continue South 89" 56' 02" West along said Northerly line
1320 feet, more or less, to the Northwest corner of the Southwest quarter of the Southeast quarter
of said Section 8; thence South along the West line of said quarter-quarter, a distance of 1019.7
feet to intersect that Boundary Line Agreement recorded as Document No. 804)1390, said
Official Records; thence East along, said Boundary Line Agreement, 1320 feet, more or less, to
the Southwest comer of that tract described in Document No. 86-16304, said Official Records;
thence North 02° 15' 21" East, along the Westerly line of said tract 693.03 feet to the Northwest
corner thereof; thence continue North 02° 15' 21" East 330 feet, more or less, to the true point
of beginning.
Vesting shown by public records: ,~)2_~
NHL HOLDINGS
A CALIFORNIA LIMITED PARTNERSHIP
an estate in fee simple
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
Page 2 of 3
Crl-7~15
DEC I 2 1990 ?
KA'rHLEEN S. BECKETr
fF~ER~K and RECORDER