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Home My WebLink About1982-009 Warranty Deed-WolberDepartment of Transportat/on HIGHWAY DIVISION TRANSPORTA;'ION BUILDING, SALEM, OREGON 97310 ROW i 2 In Rep~¥ Refer to Mr. and Mrs. A e~rt B. Wolber 518 Oak St.~975 Ashland OR~ 20 April. ]4, 1982 File 52437 Oak S~.-Mtn, Ave. (Ashland) Herse/ St, Jackson County M-3926 Dear Mr, and Mrs. Wolber Enclosed is State Highway Fund Check No. 37994 for $100.00 payable to Albert B. Wolber and Vera V. Wolber. This payment represents the full consideration for 0.01 acre of land acquired for right of way. Yours ~ruly nn Enc. CC: Adele i. Egan R/W Office Unit Supervisor Check N. Flanagan F. Lowe City of Ashland/Deed and orig. ~o~ion P.S. We are returning your tax receipt. Form 734-3t 22 $2--04949 Highway Division File 52437 M-3920(4) 9B-16-28 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That ALBERT B. WOLBER and VERA V. WOLBER, husband and wife, Grantors, for the consideration of the sum of One Hundred and No/lO0 DOLLARS ($100.00) received, do hereby convey unto the CITY OF ASHLAND, Oregon, a municipal corporation, Grantee, the following described property, to wit: A parcel of land lying in the Bennel Million D.L.C. No. 41, Township 3q_ South. Range_ ] East.. W.~T.; T~ ~,~vy, ............. ~g .... ~ ~g~.- a por~ioa ~-.~ that property described in that deed to Albert B. Wolber, recorded as Document No. 78-07858 of the Official Records of Jackson County; the said parcel being that portion of said property included in a strip of land 62 feet in width, 32 feet on the Northerly and 30 feet on the Southerly side of the center line of Hersey Street as said street has been relocated, which center line is described as follows: Beginning at Engineer's center line Station 34+55.21, said station being 89.61 feet North and 119.90 feet West of the Southwest corner of the Bennel Million D.L.C. No. 41, Township 39 South, Range 1 East, W.M.; thence on a 1145.92 foot radius curve left (the long chord of which bears South 76° 44' 48" East 523.22 feet) 527.88 feet; thence South 89° 56' 37" East 716.91 feet to Engineer's center line Station 47+00. EXCEPT therefrom that property described in that deed to George C. Cota, recorded as Document No. 78-18654 of the Official Records of Jackson County. The parcel of land to which this description applies contains 0.01 acre, more or less, outside of the existing right of way. Grantors do hereby oo~,=-~o-~ ~ .... a -.~ o~--+e~ ~+s successors and assigns, that they are the owners in fee simple of said property which is free from all encum- brances and will warrant and defend the same from all lawful claims whatsoever. day of "~-,~ -~ ~q~cA ~ Dated this , 1982. Vera V. Wolber STATE OF OREGON, County of ~/~zoo-~ ~z~. e~_ ~ ? , 1982. Personally appeared the above named Albert B. Wolber and Vera V. Wolber, who acknowledged the foregoing instrument to be their voluntary NotarfPublic for Oregon Jackson County, O~egon Recorded OFFICIAL ~ECORDS My Commission expires 7 WALDENE TEILRY CLERK and~ RECORDER By%_ '~7' _. Deputy OREGON DEPARTMENT OF TRANSPORTATION F lie No. __52/~3_7 .......... Fed. Aid No.__ M-3920 (J_) Grantors ..... Alb~_r~t .B_.___a_n__d____V_era _V ..... _W_o]=_ber _ Mail Address ..... .,5'[8~ Oak S_t_._,_As_hland., .0B .... ............................................................... l~4ail Address. Sect on__.Q~ak .S_t~r__e~_e~t~_-_M_p_un_ta~in~_. A_v_e__~_ (Ashland) ___ ~ _ Her sey S treet County Purpose ~_/~ Agent_ Kamody REAL ESTATE OPTION IN CONSIDERATION of the offer to the undersigned for the hereinafter described property, the undersigned hereby give and grant to the State of Oregon, by and through its Department of Transportation, upon the terms and conditions hereinafter stated, the option to purchase the property described on Exhibit "A" attached, bearing date of - I:lecembe:r_.-~_~].~]____and covering___one ...... parcels, subject to special provisions contained in Exhibit(s) ___.~H" attached and by this agreement made a part of this option. The ·Oregon Transportation Commission shall have the irrevocable right, at any time, within six (6) ................ months from the date hereof, to accept this option. The undersigned, hereinafter referred to as "Grantors," agree to deliver to the State of Oregon, by a,d through its Department of Transportation, hereinafter referred to as "State," a warranty deed to said property, CONVEYING A GOOD AND MERCHAN'rABLE TITLE THERETO FREE FROM ALL OUTSTANDING LIENS AND ENCUMBRANCES, INCLUDING UNPAID AND DEFERRED REAL PROPERTY TAXES, AND FREE FROM ALL RIGHTS OF LESSEES, 'TENANTS, AND OTHER PERSONS CLAIMING ANY RIGHTS IN OR TO SAID PROPERTY. The conveyances shall include all buildings, fixtures and crops located on said property as well as appurtenances thereto (except for the items herein reserved by Grantors). Grantors further agree not to sell or encumber said property during the term of this option. Upon the delivery of said deed and the clearing of title satisfactory to State, Grantors, in the usual course and through the usual channels of auditing claims against State, shall be paid the sum.c~f.. 0_~e Hundr____e__d and No/100 ............ ......... -Dollars ($ 100.00 .......... '--~ (Less $____N~/_2_A ) for ite---~ as listed on Exhibit(s)_. N./~ __ as full payment of the purchase thereof. Grantors, unless the right is waived herein, are entitled to receive payment, less any deposits and allowances as listed on exhibit(s), before State takes possession of the property. Grantors of occupied property are entitled to 90 days written notice before they are required to vacate. State will give grantors 30 days written notice of the specific vacation date when making payment f'or property less any deposits and allowances. Grantors received 90 days notice on_ Grantor does not have to provide title insurance. State will pay all recording charges for documents required to vest clear title in State; and prorate taxes as of the date of possession or transfer of title, whichever is earlier. Grantors acknowledge all items of damages, all sums of money to be paid, and all things to be done by State are in this option. Grantors agree, the consideration recited herein is just compensation for the optioned property, including ar~y and all damages to grantors remaining property, if any, which may result from the acquistion or use of said property and the construction or improvement of the highway. All claims for damages, injury or loss on account of failure to close this option are hereby expressly waived. NOTICE: BEFORE SIGNING THIS OPTION BE SURE ALL OBLIGATIONS, INCLUDING THOSE YOU EXPECT STATE TO PERFORM, ARE SET OUT IN THIS OPTION AND THAT YOU FULLY UNDERSTAND ALL OF THE TERMS OF THIS OPTION. *All references herein to Dated this ........ 7-/---- 734-3303 (Rev. 1/79) State shall mean the City of Ashland throughout th~'x~ document. O 1 EXHIBIT A Survey Approval Project Section: Oak Street - Mountain Ave. (Ashland) Hersey Street Non-throughway File 52437 Albert B. and Vera V. Wolber HRS 12-29-81 9B-16-28 A parcel of land lying in the Bennel Million D.L.C. No. 41, Township 39 South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that property described in that deed to Albert B. Wolber, recorded as Document No. 78-07858 of the Official Records of Jackson County; the said parcel being that portion of said property included in a strip of land 62 feet in width, 32 feet on the Northerly and 30 feet on the Southerly side of the center line of Hersey Street as said street has been relocated, which center line is described as follows: Beginning at Engineer's center line Station 34+55.21, said station being 89.61 feet North and 119.90 feet West of the Southwest corner of the Bennel Million D.L.C. No. 41, Township 39 South, Range 1 East, W.M.; thence on a 1145.92 foot radius curve left (the long chord of which bears South 76° 44' 48" East 523.22 feet) 527.88 feet; thence South 89° 56' 37" East 716.91 feet to Engineer's center line Station 47+00. EXCEPT therefrom that property described in that deed to George C. Cota, recorded as Document No. 78-18654 of the Official Records of Jackson County. The parcel of land to which this description applies contains 0.01 acre, more or less, outside of the existing right of way. df/ NOTE: Access Not Controlled. Exhibit H File No. _ 52437 Date POSSESSION OSHD-R/W SECTION Public Law 91-646 Section 301(4) and ORS 281.060 provide, no owner shall be required to surrender possession of real property before the head of the agency pays the agreed purchase price, or deposits with the court... for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property. Upon your receipt of notification of acceptance of this option agreement by the Transportation Commission, the State shall take possession of the property described on the attached Exhibit "A". The undersigned as grantors understand that they knowingly and willingly waive the right of payment prior to possession. It is understood this permission will in no way release the State from handling this transaction in a timely manner. 734-1755 Revised 11/23/81