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HomeMy WebLinkAbout1982-015 Warranty Deed-BartolHr. and .~Fra~is H. 479 car Ashla/na OR 97520 Bartol May 3, 19S2 File 52438 Oak St.-Mt, Ave. '(Ashland) Jack,on County M-3920 (4) Dear Mr. and Hrs. Bartol Enclosed is State Highway Fund Check No. 41376 for $100.00 payable to Francis H. Bar~ol and Mattie Barto!. This payment represents the full consideration for 8 ~quare f,~et of land acquired for right of way. Yours Enc. Check cc: N. Flan~gan F. Lo~e ~ City of A~hland Adele L. Egan R/W ~ ~..,ce Unit Supervi~or Highway Division File 52438 M-3920 (4) 9B-16-28 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That FRANCIS H. BARTOL and MATTIE BARTOL, 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 Lot 6, Block 1, PATTERSON-PHELPS TRACTS, ...... 2, .... bu~,, L~,~ ~_~.~ Fa~z~z b~itt~ d~crib~d a~ follows; Beginning on the Easterly line of said lot at a point 4 feet Northerly of the Southeast corner of said lot; thence Southerly along said Easterly line to said Southeast corner; thence Westerly along the Southerly line of said lot, 4 feet; thence Northeasterly in a straight line to the point of beginning. The parcel of land to which this description applies contains 8 square feet, more or less. And Grantors do hereby covenant to and with Grantee, its 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. Dated this 19th day of April Mattie~ Bartol STATE OF OREGON, County of Jackson April 19 , 1982. Personally appeared the above named Francis H. Bartol and Mattie Bartol, who acknowledged the foregoing instrument to be their voluntary act, Before me: :.., -;:; ?y 3-3-8~ Notary Public for Oregon My Commission expires 11-4-84 OREGON DEPARTMENT OF TRANSPORTATION File No. __.5.2 f~qL8 Fed. Aid No. Grantors ~-Frarm-is -R~---az~l-*-Mattie Bart-ot Mail Address__4_79 Caro1.,__As_h] ............................................................. I~,ail Address. Section_Oak S.tr e_etviV~o- n t a in ~/kv~_+_(Amhland). .... ]RY~ ...... Hersey_Street County.._J_a_c_kSP_~n_ ............ Purpose R/W 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 D_e__c~e_mb__e_r.__2_~ 1981 and covering one .... parcels, subject to special provisions contained in Exhibit(s) ___~.!J~_"_ .......................... attached and I)y 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 un(tersigned, hereinafter referred to as "Grantors," agree to deliver to the State of Oregon, by a,d through its [)epar(ment of Transportation, betel,after referred to as "State," a warranty deed to said property, CONVEYING A GOOD AND MERCHANTABLE 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 of 0rle Hundred and No/] 00 ............. ......... Dollars ($ ] 00.00 - ~ (Less $----J~L~ ) for items 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 ~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 irt 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 arty 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 State shall mean the City of AshlaniJ throughout_is document. 734-3303 (Rev. 1/79) Z EXHIBIT A Survey Approval Project Section: Oak Street - Mountain Ave. (Ashland) Hersey Street Non-throughway File 52438 Francis H. and Mattie Bartol HRS 12-29-81 9B-16-28 df/ NOTE: A parcel of land lying in Lot 6, Block 1, PATTERSON-PHELPS TRACTS, Jackson County, Oregon; the said parcel being described as follows: Beginning on the Easterly line of said lot at a point 4 feet Northerly of the Southeast corner of said lot; thence Southerly along said Easterly line to said Southeast corner; thence Westerly along the Southerly line of said lot, 4 feet; thence Northeasterly in a straight line to the point of beginning. The parcel of land to which this description applies contains 8 square feet, more or less. Access Not Controlled. Exhibit File No. Date 52438 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