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HomeMy WebLinkAbout1985-068 Deed of Gift - Turner 'r.*LE 604 W. UAIN ~EDFORD, OREGON 97,501 PHON~Tg-7250 AMOUNT OF ACCOUNT BALANCE DUE [~]CASH ]~HECK [~M.O. CRATER TITLE INSURANCE CO. 604 West Main, P.O. Box 336 MEDFORD, OREGON 97501 March 21, 1985 City of Ashland City Hall Ashland, Oregon 97520 Re: Escrow #58195HW Attn: Brian ~st Dear Sir: In reference to the above numbered escrow I have enclosed the following: 1. Policy of Title Insurance 2. Copy of Escrow Instructions and Closing Statement 3. Receipt for money received 4. Original recorded Deed of Gift Should you have any questions regarding the above do not hesitate to call. Sincerely yours, Helen H. Williams Escrow Officer Phone 779-7250 Amount $ 5,000.00 SCHEDULE A Date March 12, INSURED 1985 At 9:50 A.M. CITY OF ASHLAND political subdivision of the State of Oregon The estate or interest referred to herein is, at the date he, eof, vested in a CITY OF ASHLAND political subdivision of the State of Ore~on an estate in fee simple The land referred to in this policy is described as SEE SCHEDULE A - CONTINUED ~^~ z o~ Pouc, so. CTI - 58195 TI 28 All Policy Forms Schedule A-- Continued The land referred to in this policy is situated in the State of Oregon, County of and is described as follows: Jackson Commencing at the quarter section corner common to Sections 15 and 16, Township 34 South, Range 1 West, Willamette Meridian, Jackson County, Oregon; thence North, 1775.88 feet, and East, 1804.79 feet, to the true point of beginning, (said point being on the Easterly right of way line of the Crater Lake Highway); thence North 18° 21' East, along said right of way line, 122.0 feet; thence South 71° 39' East, 240.0 feet, to the Westerly bank of Rogue River; thence Southerly, along said Westerly bank, to a point South 71° 39' East, from the point of beginning; thence North 71° 39' West, 240.0 feet, more or less, to the true point of beginning. EXCEPTING THEREFROM the following: Commencing at the quarter section corner common to Sections 15 and 16, Township 34 South, Range i West, Willamette Meridian, Jackson County, Oregon; thence North, 1775.88 feet, and East, 1804.79 feet, to the true point of beginning (said point being on the Easterly right of way line of the Crater Lake Highway); thence North 18° 21' East, along said right of way line, 60.0 feet; thence South 71° 39' East, 240.0 feet, to the Westerly bank of Rogue River; thence Southerly, along said Westerly bank, to a point South 71° 39' East, from the point of beginning; thence North 71° 39' West, 240.0 feet, more or less, to the true point of beginning. ALSO: Commencing at the quarter section corner common to Sections 15 and 16, Township 34 South, Range 1 West, Willamette Meridian, Jackson County, oregon; thence North, 1775.88 feet, and East, 1804.79 feet, to a point on the Easterly right of way line of the Crater Lake Highway; thence North 18° 21' East, along said line, 122.0 feet, to the true point of beginning (said point being the Northwest corner of tract described in Volume 495, Page 6, Jackson County, Oregon, Deed Records); thence continue North 18° 21' East, along said line, 6.6 feet; thence South 71° 39' East, parallel to the North line of said tract described in Volume 495, Page 6, said Deed Records, 240.0 feet, to the Westerly bank of Rogue River; thence South 18° 21' West, along said Westerly bank, 6.6 feet, to the Northeast corner o~ said tract described in Volume 495, Page 6, said Deed Records; thence North 71° 39' West, along the North line thereof, to the true point of beginning. TI 68 Oregon Land Title Association Standard Coverage Policy SCHEDULE B This policy does not insure against loss or damage, nor against any costs, attorney's fees or expenses, any or all of which arise by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured on page 1 of this policy. 1. Taxes or assessments which are 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascer- tained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance therof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. e 1984-85 real property taxes: total - $1,870.46; less state tax relief - $170.00; paid - $668.75; balance - $1,031.71, due and payable, Non-seg. Code 5-1 Account 1-4799-1 Map 39 1E 4BD Tax Lot l100(part) 6. Easement for transmission and distriDution of electricity, granted the Ca±itornia Oregon Power Company, as set ~ort~ in Volume Z~9, Page 99, JacKson County, Oregon, Deed Records. 7. An easement, and rights in connection therewith, for sewer pipe line purposes, granted the City of Ashland Dy instrument recorded in Volume 521, Page 237, Jackson County, Oregon, Deed Records. 8. Judgment in tavor of John Zuck vs. City of Ashland, entered June 11, 1982, docketed June 15, 1982, in Judgment Lien Docket, Jackson County, Oregon, Case No. 82-1507-NJ-1, in the amount of $133.50, Costs. 9. Judgment in favor of M. C. Lininger & Sons, Inc. vs. City of Ashland, entered October 2, 1984 and amended November 13, 1984, docketed November 16, 1984, in Judgment Lien Docket, Jackson County, Oregon, Case No. 82-784-J-3, in the amount of $41,187.64, with interest at 1% per month from August 11, 1978, interest on $5,048.75, at 1% per month from July 8, 1978, until said sum was paid on December 21, 1981, interest on $7,241.07, at 1% per month trom June 25, 1978, until said sum was paid on December 21, 1981; plus costs and disbursements. Page 3 of Policy No. CTI - 58195 'fl 30 604 West btaln St. Pl~one 779-7250 Medford. Oregon 97501 CRATER TITLE INSURANCE CO. Serving all of Jackson County 485 East Main St. Phone 482-4006 Ashland, Oregon 97520 TOWNSHIP ~j~ ~ RANGE /~ . SECTION ~ T"S SKETC" 'S ~OR 'OCAT"O" PU""OSES O"L'. "UMSE"S O" SKETC' ^"E COM'A"' "U~"E"S ~"O "O U'"'~'T' 'S ~SS~O ~O" V~"'~'O"S ~'SC~OS~ ~ SU"V~ O" COU"'' .~CO"OS. 8,5--03369 DEED OF GIFT KNOW ALL MEN BY THESE PRESENTS that WILLIS L. TURNER and MARY L. TURNER, Grantors, have granted and conveyed, and by these presents do hereby grant and convey, to the CITY OF ASHLAND, a political subdivision of the State of Oregon, the following described real property: A tract or parcel of land situated in Donation Land Claim No. 41 in the North half of Section of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being more fully described as follows: Commencing at an iron pipe with a bronze disk marked "City of Ashland" No. 128 at the centerline angle point of Oak Street from which a 2 inch galvanized iron pipe with a 3 inch diameter bronze cap situated at the Northeast corner of Donation Land Claim No. 40, bears North 89° 52' 57" West, 454.28 feet distance; thence South O0° 25' 17" West (deed record and P.H. & N. plat record South 0° 27' West) along the centerline of Oak Street, 193.35 feet to a point which bears South 89° 58' 17" West, 30.00 feet from a 5/8 x 24 inch iron pin situated in the Easterly right of way of said Oak Street; thence leaving said street centerline, North 89° 58' 17" East, 30.00 feet to a 5/8 x 24 inch iron pin situated in the Easterly right of way of Oak Street; thence leaving said right of way, North 89° 58' 17" East, 638.38 feet to a 5/8 x 24 inch iron pin and being the True Point of Beginning; thence South 13° 05' 45" East, 121.805 feet to a 5/8 x 24 inch iron pin situated in the Northerly boundary line of that tract or parcel of land as set forth in Volume 49, Page 176, Jackson County, Oregon, Deed Records; thence North 89° 58' 17"East (deed record East) along said Northerly boundary line, 111.00 feet to a 5/8 x 30 inch iron pin situated at the corner common to those parcels of land as set forth in Volume 49, Page 176 and Volume 49, Page 235, said Deed Records; thence leaving said common corner North 28° 31' 43" West (deed record South 28° 30' East, 114.70 feet) along the Easterly boundary line of the last hereinabove recited Volume and Page, 114.70 feet to a 5/8 x 30 inch iron pin; thence continuing along said Easterly boundary line North 05° 06' 43" West (deed record South 5° 05' East, 138.40 feet) 137.04 feet to a point in the Southerly boundary line of that tract or parcel of land as set forth in Volume 24, Page 164, said Deed Records; thence South 89° 58' 17" West (deed record West) along said Southerly boundary line, 99.20 feet to a point which bears North 13° 05' 45" West, 1.48 feet from a 5/8 x 24 inch iron pin Witness Corner; thence leaving said Southerly boundary line, South 13° 05' 45" East, 1.48 feet to a 5/8 x~24 inch iron pin Witness Corner; thence continuing South 13° 05' 45" East, 120.32 feet to the point of beginning. There is no monetary consideration involved in this transfer. Dated this~ day of ~, 1985. 85--03369 Willis L. Turner STATE OF OREGON ) COUNTY OF JACKSON ) 1985 Personally appeared the above named Willis L. Turner and Mary L. Turner and acknowledged the foregoing instrument to be their voluntary act. Before me: ~ _~~~ L~otary Public for Oregon My commission expires: CRATER TITLE INSURANCE Se~ing ail of Jackson 604 We.~! Main St. P.O. Box 336 485 East Main St. Phone 77§-4550 Phone 482-4006 Medford, Oregon 97501 Ashland, Oregon 97520 CO. Februar 11 ESCROW INSTRUCTIONS TO CRATER TITLE INSURANCE CO., DATED ..... Y._.__...tz 1985 (Note: Items left blank, or not checked (X) do not apply.) SELLER: BUYER: Willis L. Turner and City of Ashland Mary L. Turner PROPERTY DESCRIPTION: Per Preliminary Title Report No. 5 8 1 9 5 HW dated~.4~l._SB5 _of(x ) Crater Title Insurance Co. ( ) SALE TERMS: THERE IS NO SELLING PRICE IN THIS TRANSACTION - this property is a Deed of Gift, and escrow is only for the purpose of preparJ, ng Gift Deed~ ~nd th~l: co, ts. DOCUMENTSTO BEFURNISHEDINESCROW: Deed of Gift from the sellers herein ADDITIONAL INSTRUCTIONS: The parties herein have agreed to an estimated- segerated tax figue based upon good faith estimates and have instructed herein escrow agentto pro-rate based upon that reduced/estimated/segerated tax figure and recognize that escrow agent cannot be held responsible for such amounts. Parties also realize that there is a balance due for the 1984-85 real property taxes, and the seller herein is soley responsible for said taxes. TITLE:tobeconveyedto: City of Ashland CLOSING OF ESCROW: You are authorized to deliver or record the above mentioned documents and disburse funds when you are prepared to issue your Standard ----O%~n.er-Ls title policy in the amount of $ 5; 000.0i~suring buyer with items ]_, 3 & 4 of preliminary to remain, together with exceptions created by the recording of said documents. CLOSING DATE: February 15, 1985 PRO-RATES: Items set forth on estimated closing statement to be prorated to close of escrow. TERMINATION OF ESCROW: If either party to this transaction notifies escrow agent in writing of its intent not to proceed with this transaction, the duty of escrow agent to complete the same shall cease. Likewise, if this escrow is not completed within thirty days of the closing date as set forth herein or extended in writing, the duty of escrow agent to complete the same shall cease. In either event, all documents and funds not designated as earnest money shall be returned to the parties providing the same, and all escrow cancellation fees, title cancellation fees and costs incurred by escrow agent shall be deducted from the funds held by it. In the event that the parties have provided escrow agent with mutual instructions as to the disposition of the balance of earnest money deposited, all funds will be disbursed in accordance therewith. In the event that the parties have not provided instructions for the disposition of the balance of the earnest money when the duty to complete the transaction ceases, escrow agent shall continue to hold said sum pending such mutual instructions or other adequate directions as to the disposition thereof. For each month thereafter that escrow agent maintains said funds in its account, the sum of $10.00 shall be deducted therefrom and paid to escrow agent for its continuinu administrative duty as DETERMINATION OF DISPUTES: Escrow agent shall not be required to determine or arbitrate any dispute between the principals and third parties, but may await the settlement of any such controvery by final appropriate legal proceedings or otherwise. INTERPLEADER: Escrow agent may In its discretion, institute such appropriate Interpleader or other proceedings as it may deem proper in connection with any dispute. A'rrORNEY'S FEES: Should escrow agent become involved in any litigation, including interpleader brought by it, as a result of this transaction, all parties shall be jointly and severally liable to agent for all costs, expenses and attorney's fees which it may incur by reason of such litigation. ESTIMATED CLOSING STATEMENT: See reverse side. Some items are estimates. The final closing statement may vary due to per diem charges and other information obtained prior to closing. SELLER TURNER IL_ II I _~. ADDITIONAL INSTRUCTIONS: BUYER CITY OF ASHLAND DESCRIPTION DEBIT :REDIT SALE/PURCHASE PRICE DEPOSITS DEPOSITS RETAINED NEW LOAN LOAN COSTS L.F. _App. fee _T:_R~ TITLE POLICY PREMIUM MORTGAGEES POLICY PREM. ESCROW FEE RECORDING ATTORNEY'S FEE BROKER'S COMISSION REAL PROP. TAXES IRRIGATION TAXES CiTY LIENS PRO RATE FIRE INS. COLLECTION Escr40W FEE PAYOFF MTGICTR __AS_SUM.P.?0N OF ~XIS;iNG ..... A~SSUMPTION EEE PRO-RATE INTEREST PRO-RATE RENTS 1, 6=30~8i_es/-_ seg. amount of $70.00 PROCEEDS TOTAL TO COLLECT REFUND TOTAL SELLER AGREES TO PAY AND DIRECTS SAID ESCROW AGENT TO PAY THE FOLLOWING: SELLER HAS NO COSTS IN' THIS ESCROW BUYER AGREES TO PAY AND DIRECTS SAID ESCROW AGENT TO PAY THE FOLLOWING: Owner's Title Insurance Premium, escrow fee, city lien search fee and pro rated share of 1984-85 real property taxes. PROCEEDS; Pay proceeds to seller or order of seller ANY MATTERS NOT COVERED BY THESE INSTRUCTIONS WHICH MAY ARISE IN CONNECTION WITH THIS TRANSACTION ARE THE RESPONSIBILITY OF THE PARTIES AND SHALL BE HANDLED OUTSIDE OF THIS ESCROW, INCLUDING BUT NOT LIMITED TO ANY LAW REGULATION OR ORDINANCE AFFECTING THIS TRANSACTION OR THE PROPERTY WNICH IS THE SUBJECT HEREOF. Ir IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS 6ONSTITU~ E THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION, THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW (OR MAY VARY FROM THE TERMS THEREOF). READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE AC?EPTABLE TO YOU.