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
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