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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