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HomeMy WebLinkAbout1973-045 Agrmt - Virginia Wade A G R E E MEN T THIS AGREEMENT, made and entered into this day of , 1973, by and between VIRGINIA LEE WADE, hereinafter designated WADE, and JACK W. WILLIAMS and CAROLINE A. WILLIAMS, hereinafter referred to as WILLIAMS, w 1. T N E S ~ E 1:. H: WHEREAS WADE is purchasing from RUTH E. FOWLER, the following described real property, to-wit: L o Commencing at a point 356.40 feet West of the Northwest corner of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, o Oregon; thence South 0 17' West 874.58 feet to the approx- imate center of Ash;artd Creek, the true point of beginning; thence South 00 17' West 833.31 feet; thence West 50.00 feet; thence South 00 17' West 279.51 feet; thence North 890 53' West 30.00 feet to the East line of tract described in Volume 229, pages 421-425 Jackson County Mortgage Records, at a point which bears North 00 17' East 18.94 feet from the Southeast corner of said tract: thence along the Easterly line of said tract as follows: North 00 17' East 161.06 feet; North 30 33' West 446.90 feet to the Northeast corner of said tract; thence North 860 22' West 388.90 feet to the Northwest corner thereof; thence North 90 58' West 143.05 to the Southeast corner of tract described in Volume 208, Page 584, of the Deed Records of Jackson County, Oregon; said corner marked with a 3/4-inch iron pipe; thence North 40 22' West, (D/R North 40 41' West) along the east line of said tract 491.50 feet to a 3/4-inch . iron pige at the Northeast corner thereof: thence continue North 4 22' West along the East line of tract described in Volume 512, Page 58, said Deed Records, and the ex~ension of said line 238.23 feet to the approximate center of Ashland Creek; thence along sa~ Creek line as follows: North 820 39' East 104.58 feet; South 620 40' East 41:76 feet; South 870 31' East 147.65 feet; thence South 360 56' East 475.80 feet to the true point of beginning. SAVE AND EXCEPT that part lying within the City Street as described in Deed recorded May 8, 1967 as Document No. 67- 04339, Official Records of Jackson County, Oregon. WHEREAS, WILLIAMS are the owners of adjacent and contiguous property more particularly described as follows, to-wit: Commencing at a point which is 356.40 feet West and South 00 17' West 2006.40 feet from the Northwest corner of Donation Land Claim No. 53, in Township 38 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; and thence North 890 55' West, 80.0 feet to the true point of beginning; ~ thence North 00 17' East, 180.0 feet; thence North 30 33' West 446.90 feet; thence North 860 22' West, 388.90 feet; thence South 30 09' West, 675.10 feet to the South line of the Fowler property as described in deed recorded in Volume 244, Page 143 Jackson County, Oregon, Deed Records; thence along said South Agreement Page -1- L.AW OFFICES OF DAVIS. AINSWORTH 8c PINNOCK PROFESSIONAL ARTS BUILDING 4J:I0 SISKIYOU BOULEVARD ASHLAND,OREGON 97520 line, South 890 55' East, 453.56 feet to the true point of - beg inning. EXCEPTING THEREFROM the Southerly 17.0 feet, as conveyed to the City of Ashland, a municipal corporation of the State of Oregon, by deed recorded in Volume 490, Page 268, Jackson' County, Oregon, Deed Records. WHEREAS, it is understood between the parties hereto that the property being purchased by WADE has only 30-foot frontage on Nevada Street in the City of Ashland, Jackson County, Oregon, and to furnish proper and more adequate access to WADE'S and WILLIAMS' property, it is necessary to acquire 20 feet from the Easterly portion of the property owned by WILLIAMS. NOW THEREFORE, in consideration of the above recitals and the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows: I. WILLIAMS hereby bind themselves, their heirs, successors and assigns, so that this obligation will "run with the land", when requested so to do, as hereinafter set forth, to convey, by Warranty Deed, not to exceed twenty (20) feet off the Easterly portion of the property hereinabove described owned by them, with said not to exceed twenty (20) feet to be immediately contiguous to the real property being purchased by WADE. Said not to exceed twenty (20) foot strip is to run Northerly from Nevada Street only to the now existing city limits of the City of Ashland. WADE pereby binds herself, her heirs, successors and assigns, so that this obligation will "run with the land" being purchased by her, as hereinafter described, to convey, by Warranty Deed a.strip of land 30 feet in width, or greater, running Northerly from Nevada Street to the now existing city limits of the City of Ashland, when requested so to do, as hereinafter set forth, with said 30-foot or wider strip to be contiguous to the 20-foot parcel of property owned by WILLIAMS as described, thereby making a strip of land 50-feet in Agreement pa ge - 2 - LAW OFF'CES OF DAVIS. AINSWORTH Be PINNOCK PROFESSIONAL ARTS BUILDING 4!lO SISKIYOU BOULEVARD ASHLAND,OREGON 97520 " width for road purposes, commencing on the Northerly line of Nevada Street in the City of Ashland and thence running in a Northerly direction to the existing city limits of the City of Ashland. Both parties hereto agree that they shall each convey the property described herein to the City of Ashland for road purposes when requested by the other party hereto to make such conveyance. It is further understood and agreed that should a street be installed, at the request of either party hereto, WILLIAMS shall pay the cost thereof, including surveying, road surfacing, curbs and gutters, and all installation costs necessarily involved in making and creating a public street in the City of Ashland, as WILLI~lS own the property on both sides thereof within the present city limits of the City of Ashland. II. In addition to the foregoing, WILLIAMS hereby bind themselves, their heirs, successors and assigns, so that this obligation will "run with the land", when requested so to do, as hereinafter set forth, to convey by Warranty Deed a strip of land not to exceed twenty (20) feet in width commencing at the Northerly line of the now existing city limits of the City of Ashland thence.continue in a Northerly direction to a point directly opposite the Southerly line, extended, of the property being purchased by WADE, where the same joins property on the North, now owned by WILLIAMS. WADE hereby binds herself, her heirs, successors and assigns, so that this obligation will "run with the land" being purchased by her, as hereinabove described, to convey, by Warranty Deed a strip of land 30 feet in width, or greater, running Northerly from the now existing city limits of the City of Ashland, when requested so to do, to a point directly opposite the Southerly line extended, of the property being purchased by WADE, where the same joins pr operty on the North, now owned by WILLIAMS, with said Agreement Page -3- L.AW OFFICES OF DAVIS. AINSWORTH Be PINNOCK PROFESSIONAl. ARTS BUILDING 4!10 SISKIYOU BOUI.EVARD ASHLAND. OREGON 97520 3D-foot or wider strip to be contiguous to the 20-foot parcel of property owned by WILLIAMS as described, thereby making a strip of land 50-feet in width for road purposes, commencing on the Northerly line of the now existing city limits of the City of Ashland and thence running in a Northerly direction to a point directly opposite of the Southerly line, extended, of the property being purchased by WADE where the same joins property on the North, now owned by WILLIAMS. (NOTE: The language "not to exceed 20 feet" and "3D feet or wider" is used because the strip of property owned by WADE furnishing access to Nevada Street of Ashland in some places is in excess of 30 feet in width and to insure there are no islands or strips left, it is understood that the entire strip so furnishing access shall be occupied by road way and WILLIAMS are to convey such ground only as is necessary to make a total of fifty (50) feet, until such point where WILLIAMS own on one side and WADE on the other). Both parties hereto agree that they shall each convey the pro- perty described herein to the City of Ashland for road purposes when requested by the other party hereto to make such conveyance. It is further understood and agreed that should a street be installed, at the request of either party hereto, WILLIAMS shall pay the cost thereof, including surveying, road surfacing, curbs and gutters, and all installation costs necessarily involved in making and creating a public street in the City of Ashland, as WILLI1~S own the property on both sides thereof. III. In addition to paragraphs I ~nd II, WILLIAMS hereby bind them- selves, their heirs, successors and assigns, so that this obligation will "run with the land", when requested so to do, as hereinafter set forth, to convey, by Warranty Deed, a stri~ of land twenty- five (25) feet in width commencing from a point directly opposite the Southerly line, extended, now being purchased by WADE, where Agreement Page - 4 - LAW OFFICES OF DAVIS. AINSWORTH 8: PINNOCK PROFESSIONAL ARTS BUILDING 490 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 the same joins the property, on the North, now owned by WILLIAMS, West of their now existing Easterly boundary. WADE hereby binds herself, her heirs, successors, and assigns, so that this obligation will "run with the land", when requested so to do, as hereinafter set forth, to convey by Warranty Deed, conti- guous and sufficient land so that the same when added to that pro- perty to be conveyed by WILLIAMS, as set forth in this paragraph III, shall be fifty (50) feet in width for public street purposes. In essence, the easterly boundary of WILLIAMS property, as it now exists, will become the center line of the contemplated road, and each party hereto will convey twenty-five (25) feet on either side thereof. IV. It is understood that the mutual obligation to convey land as set forth in paragraphs II and III is conditioned upon both the pro- perty owned by WILLIAMS and the property being purchased by WADE being annexed into the city limits of the City of Ashland, Jackson County, Oregon, and is further conditioned upon the installation of a street, if and as extended, to be brought to city ~tandards and when a conveyance is requested to be mad~ by the other party hereto. It is also agreed that should a public street be extended Northerly from the now existing city limits of the City of Ashland, that in such event WILLIAMS shall pay all the costs thereof to the Southerly line of the property being purchased by WADE, as set forth in paragraph II hereof, or to that 'point only where WILLIAMS own on both sides thereof, from that point North each party shall pay one- half of such street installations including curbs, gutters, surveying and all other costs necessarily incurred in connection therewith. For clarity and understanding, a map is attached hereto, showing the areas involved with that part presently in the city limits Agreement Page -5- LAW OFFICES OF DAVIS. AINSWORTH 8/ PINNOCK PROFESSIONAL ARTS BUILDINQ 4110 SISKIYOU BOULEVARD ASHLAND. OREGON 97520 being marked '1' and covered by paragraph I hereof; that area being outside the city limits, as it now exists, being designated '2' and owned on both sides by WILLlk~S, and described in paragraph II hereof; and that area being outside the city limits and extending Northerly beyond a point where WADE will own property on the East side thereof and WILLIAMS on the West side thereof being designated '3' and described in paragraph III hereof, and said map is by this reference incorporated herein as Exhibit 'A'. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this day of , 1973. ;,~~t{~ I accept and approve the foregoing this J. 3 day of ~ 1973, and agree to be bound by the terms thereof. f(~ C. _T~ Ruth E. Fowler STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared the above named VIRGINIA LEE WADE and acknow- ) ) County of Jackson ) Before me this ~ _.CO / J'r leged this instrument to be her volunt~ry ac day of (t?:.'~"-;1'/~"-7~ 1973. ~. [7 STATE OF OREGON ss. -/:2' 7/< /;//>- personally appeared the above named JACK W. I-'VILLIAMS and CAROLINE A. WILLIAMS and acknowledged this instrument to be their voluntary act. Before me this 'yv day of Cl;~ , 1973. ~4~0 Notary Public for Oregon Ny Commission Expires: ;-3(- 7' Agreement Page - 6 - L.AW OFF'CES OF DAVIS. AINSWORTH 8c PINNOCK PROFESSIONAL. ARTS BUIL.DING 4S0 SISKIYOU BOUL.EVARD ASHLAND. OREGON 97520 ~ '--'" . (I'T i'HiS M.!l.P DOeS :HOT RKPJiESENi" A 8UHV!!.:~- :2:1) WE ASSUME NO REJ'PONs:mr -i~li.{~t~ i~::r::::UF..11.CY AND IS ENCLOSED SOLELt }'Oll YCmli."'-> -~.~ s . ,,,,. - ;~~!::NCE AS AN ADDED SIQ VICE' j;'HC"M . "$:,,>- - ....:\ .\lS,: .">~; \"'i, ',' -,' 1\'~URANCE C >l\:lPAN):', - /'Jg2.3~~/.,.,., c~. -;.~_ocx:~<~~:::;:.'\ ~" ~ '.;; ,I. r~ ~~. '~,'=-..<"_:- '4' .~ ~lt\ s"' ~ -:.,. '. ~ (-~~ \~ ",.,~ .~: \ \. ~\ \~ "<~.' \\~ ":\ 1300 ,.I ... ". c,' ;) "t f.. .... . "" ~ ~ g s~~ " ~(~~: ~R' I I ........... ....\ \ \\ '" '\, "" "'"', C'-9~ '. <:-~ '" "'r -" "-. 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