Res 1438 - Land Sale Cont WWTP
COUNCIL BILL NO. 1828
RESOLUTION NO. 1438
A RESOLUTION ENTERING INTO A LAND SALE CONTRACT WITH THE STATE OF OREGON FOR
LAND WHICH INCLUDES THE CITY'S WASTEWATER TREATMENT PLANT AND AUTHORIZING
THE MAYOR TO SIGN SUCH CONTRACT,
WHEREAS, the City of Woodburn Wastewater Treatment Plant is located on land owned by
the State of Oregon and leased by the city in accordance with a lease dated July 5, 1977; and
WHEREAS, the city, in conjunction with planned construction of an advanced wastewater
treatment facility, requires purchase of land currently leased plus additional land for other activities
related to wastewater reuse; and
WHEREAS, following several meetings, representatives of the city and state arrived at a
memorandum of understanding for sale of land that meets the city's requirements; and
WHEREAS, it is in the best interest of the city to enter into a land sale contract for land required
for construction of an advanced wastewater treatment plant and activities related to wastewater reuse;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1, That the City of Woodburn enter into a land sale contract, which is affixed as
attachment "A" and by this reference incorporated herein, with the State of Oregon for land which
includes the city's wastewater treatment plant.
Section 2. That the Mayor is authorized to sign said contract on behalf of the City of
Woodburn.
Approved as to form:~' 'Yvcr ~ 1, -'2 5- '1 1-
City Attorney Date
Approved:
September 22. 1997
September 24, 1997
September 24, 1997
September 24, 1997
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTEST:
Ma Tennant, City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 1828
RESOLUTION NO, 1438
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LAND SALE CONTRACT
day of
, 1997 between:
This Contract is entered into this
SELLER:
STATE OF OREGON, acting by and through its Department of Administrative Services, by and for the
Oregon Youth Authority, hereinafter referred to as "Seller,"
Address: Superintendent
MacLaren Youth Correctional Facility
2630 N. Pacific Hwy.
Woodburn, OR 97071
and
PURCHASER:
CITY OF WOODBURN, and Oregon Municipal Corporation, hereinafter referred to as "Purchaser,"
Address:
CITY OF WOODBURN
c/o Chris Childs, City Administrator
270 Montgomery Street
Woodburn, OR 97071
This address is also the tax statement address
WHEREAS, Seller owns the real property located in Marion County, Oregon, and described in
attached Exhibit <<A" (the "Property")~ and
WHEREAS, Seller agrees to sell the Property to Purchaser and Purchaser agrees to buy the
Property from Seller for the price of $319,440, subject to the terms and conditions set forth below; and
WHEREAS, in the interest of protecting the health and safety of the public, the Purchaser and
Seller, have mutually agreed on a certain property transaction in a cooperative and fair manner~ and
WHEREAS, the Property constitutes a portion of the property leased to Purchaser pursuant to
that certain Lease dated July 5, 1977, between State of Oregon, acting by and through its Department of
General Services and Purchaser (the "Initial Lease") which lease is an exhibit to that certain Agreement
between the State of Oregon, acting by and through its Children's Services Division, and Purchaser
regarding, among other things, the construction of a sewage treatment facility (the "Initial Agreement")~
and
WHEREAS, at present the Purchaser utilizes most of the land being considered for sale and lease
for its treatment facility or for bio-solid disposal through the Initial Lease and Initial Agreements, such
treatment facility and bio-solid disposal improvements and all other related appurtenances and
improvements located on the Property being referred to herein as the "Improvements", and
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WHBREAS, concurrent with the closing of the transactions contemplated by this Contract, the
parties desire to enter into a ground lease (the "New Lease") regarding certain real property located
adjacent to the Property; and
WHEREAS, the Purchaser and Seller representatives have previously developed a memorandum
of understanding that outlines the intent of the parties, the terms of which are not legally binding on
either of the parties, and
WHEREAS, terms of the formal sale are based on the fair market land value established by
appraisal, less the estimated cost of treating MacLaren's waste water by the Purchaser for a defined
period. The payment plan is based on the money needed by Oregon Youth Authority to remove
infiltration and inflow, the budget constraints of Seller and Purchaser and the public interest that must be
served by Seller and Purchaser.
NOW, THEREFORE, the parties agree as follows:
Section 1.
Purchase Price; Payment
1.1 Total Purchase Price. Purchaser promises to pay Seller as the total purchase price for
the Property the sum of Three Hundred Nineteen Thousand Four Hundred Forty Dollars ($319,440) (the
"Purchase Price").
1.2
Payment of Total Purchase Price, The purchase price is payable as follows:
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a. The sum of One Hundred Nineteen Thousand Four Hundred Forty Dollars ($119,440)
which shall be paid on the Closing Date (defined below).
b. The remaining balance of Two Hundred Thousand ($200,000) shall be paid in annual
installments of Sixty Six Thousand Six Hundred Sixty-Six Dollars ($66,666) or more
each, the first of such installments to be paid by the 15th day of January, 1998, and
subsequent installments to be paid on or before the same day of each and every year
thereafter until the 15th day of January, 2000, at which time the entire unpaid balance
shall be paid in full.
1.2.1 Interest Rate and Scheduled Payment Dates. Interest on the remaining balance
of Two Hundred Thousand Dollars ($200,000) shall accrue at the rate of 0% per annum,
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penalty .
Prepayments, Purchaser may prepay all or any portion of the unpaid principal without
1,4 Place of Payments, The first payment to Seller under this Contract shall be made at the
closing. All subsequent payments to Seller shall be made by Purchaser to Seller at the address of Seller
shown above or to such other place or person as Seller may designate by written notice to Purchaser. All
payments to Seller shall be made by check.
1,5 Late Payment. If any payment required under this Contract (other than the initial
payment, which shall be paid at the closing) is not received by Seller within thirty (30) days after the
date on which such payment is due, Purchaser shall pay to Seller on demand a late' charge of
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$ 100 per day on account of each overdue payment. Purchaser and Seller agree that the late charge is
intended to reimburse Seller for the additional expense included in processing delinquent payments and
not as a penalty. The imposition or collection of a late charge is in addition to and not in lieu of any
other rights or remedies Seller may have as a result of late payment.
Section 2. Taxes and Liens Any applicable ad valorem real property taxes and all governmental or
other assessments levied against the Property for the current tax year shall be prorated between Seller
and Purchaser as of the Closing Date. Purchaser shall pay when due all taxes and assessments that are
levied against the Property after the Closing Date.
Section 3,
Closing
3,1. Closing Date. As used in this Contract the "Closing Date" means the date on which the
memorandum of this Contract is recorded and the title company is prepared to release the first payment
installment under this contract. The closing shall occur on the Closing Date at the Woodburn offices of
First American Title of Willamette Valley.
3,2 Responsibility of Parties. At closing,
3.2,1 Purchaser shall pay the amount of cash specified in Section 1.2,a above, and Seller
shall have received a commitment for the issuance of a purchaser's policy of title
insuraI}.ce as described in Section 9.
3,2,2 The parties shall execute this Contract and execute and cause to be acknowledged
the memorandum of this Contract.
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3,2,3 The parties shall execute an instrument terminating the Initial Lease and the Initial
Agreement.
3,2,4 The parties shall execute the New Lease and execute and cause to be acknowledged
the memorandum of the New Lease,
3.2,5 The parties shall cause the title company to record the memorandum of this
Contract and the memorandum of the New Lease in the real property records of Marion
County, Oregon,
3,3 Prorates and Closing Costs. Except as otherwise provided in this Contract, all items to
be prorated shall be prorated as of the Closing Date, Seller shall be responsible for payment of the title
insurance premium, and one-half of any applicable escrow fee. Purchaser shall be responsible for
payment of recording fees for recording a memorandum of this Contract and the memorandum of the
New Lease, and one-half of any applicable escrow fee. Seller and Purchaser shall share equally in and
pay at closing any transfer, excise, or sales tax assessed on the sale contemplated by this Contract.
Except as expressly provided in this Contract, each party shall bear all other costs and expenses
associated with the closing incurred by such party including, without limitation their respective attorney
fees.
Sedion 4.
Possession Purchaser shall be entitled to possession on the Closing Date.
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Section 5.
Representations, Warranties, and Covenants
5.1 Authority of Seller, Seller represents that Seller has obtained all requisite authorizations
for the execution and delivery by Seller of this Contract and the performance of the transactions
contemplated by this Contract, and that the execution and delivery of this Contract are made pursuant to
such authorizations.
5,2 No Other Representations or Warranties, Purchaser hereby acknowledges and agrees
that no representations or warranties have been made to Purchaser with respect to the Property, other
than the representations and warranties expressly set forth in this Section 5. Without limitation of the
generality of the meaning of the foregoing sentence, Seller makes no representations or warranties
regarding the appropriateness of Purchaser's past, present, or future use of the Property or whether the
zoning or other land use laws applying to the Property permit the Property to be used for the purposes
for which it is presently used or for any purpose.
53 Authority of Purchaser, Purchaser represents and warrants to Seller that Purchaser has
obtained all requisite authorizations for the execution and delivery by Purchaser of this Contract and the
performance of the transactions contemplated by this Contract, and that the execution and delivery of
this Contract are made pursuant to such authorizations,
5.4 Dump Site, An 8.89 acre dump site exists on the Property. This portion of the Property
is described in Exhibit "B", Seller, at Seller's expense, covenants and agrees to take all necessary
actions to clean up said dump site to the reasonable satisfaction of Purchaser. The phrase "reasonable
satisfaction of Purchaser" as used in the foregoing sentence shall mean the following have taken place
with respect to the dump site: clearing and grubbing, debris removal and foreign matter disposal, and
seeding as appropriate to prevent or control erosion, However, in no event shall Seller have any
obligation whatsoever to clean up any materials, contaminants, or other matter on, or affecting the dump
site which arise from or relate to Purchaser's use of or operations on the Property, The clean up of said
dump site by Seller shall be performed by June 30, 1998. In the event the Seller fails to perform its
obligations under this Section, Purchaser may (but shall not be required to) perform such obligations at
Seller's expense. All such costs and expenses incurred by Purchaser under this Section of the Contract
shall be reimbursed by Seller to Purchaser upon demand. In performing any such obligations of Seller,
Purchaser shall at all times be deemed to be the agent of Seller and shall not by reasons of such
performance be deemed to be assuming any responsibility of Seller under any Environmental Law or to
any third party. Seller hereby irrevocably appoints Purchaser its attorney-in-fact with full power to
perform such of Seller's obligations under this Section.
Section 6.
Certain Obligations of Purchaser
6.1 Maintenance, Purchaser shall maintain every portion of the Property and the
Improvements in good repair, working order and condition, except for reasonable wear and tear.
Purchaser shall not commit waste on the Property.
6.2 Indemnification, Purchaser shall indemnify Seller and hold harmless Seller for, from,
and against any and all claims, losses, liabilities, and expenses, including reasonable attorneys' fees at
trial or on appeal, arising out of or relating to Purchaser's possession of or activities on the Property.
6,3 Compliance with Law, Purchaser, at Purchaser's expense, shall comply with all federal,
state, and city laws, ordinances, orders, rules, and regulations applicable to the Property and the use of
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the Property, including, without limitation, all municipal requirements of the City of Woodburn and all
requirements' of the Oregon Department of Environmental Quality an the United States Environmental
Protection Agency.
6.4 Hazardous Substances Restrictions. Purchaser shall not generate, release, store, or
deposit on the Property any environmentally hazardous or toxic substances, materials, pollutants, oils, or
contaminants, as defined by any federal, state, or local law or regulation ( collectively, "Hazardous
Substances"). Without limitation of Section 6.2, Purchaser shall indemnify and hold harmless Seller for,
from and against any and all claims, losses, damages, response costs and expenses of any nature
whatsoever arising out of or in any way related to the generation, release, storage, or deposit of
Hazardous Substances on the Property by Purchaser or other party (except Seller).
6.5 No Liens or Transfer, From and after Closing Date, Purchaser shall keep the Property
free from all liens and encumbrances other than the lien of this Contract, the lien of current real estate
taxes and the liens and encumbrances affecting the Property as of the Closing Date, and any liens and
encumbrances expressly contemplated by Section 10. Purchaser shall have no right to encumber the
Property, nor to sell, agree to sell or in any way convey Purchaser's interest in the Property nor to
assign, or transfer or agree to assign or transfer Purchaser's rights or obligations under this Contract
prior to conveyance of the Property to Purchaser.
6.6 Limitations of Use. Purchaser shall not initiate, join in or consent to any rezoning of the
Property or any change in any covenant or other public or private restrictions limiting or defining the
uses that may be made of all or any part of the Property without the prior written consent of Seller.
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6,7 Insurance,
6.7.1 Insurance. Purchaser shall obtain and' maintain in full force and effect during the
term of this Contract: (i) all risk property insurance together with endorsements for
replacement cost, inflation adjustment, malicious mischief and sprinkler damage, all in
amounts not less than the full replacement cost of all Improvements, without reduction
for co-insurance, and (ii) comprehensive general liability insurance, including liabilities
assumed under contract, with limits, coverage and risks insured acceptable to Seller
(including, among other things, coverage of all risks arising directly or indirectly out of
Purchaser's activities on or any condition of the Property, and which shall include a
contractual liability clause), and in no event less than $1,000,000 combined single limit
coverage,
Section 7.
Risk of Loss In the event any of the Improvements are damaged or destroyed, such
damage or destruction shall not be a ground for rescission of this Contract and all risk of
loss in connection therewith shall be with and on Purchaser,
Section 8.
Condemnation If the Property or any part thereof is condemned, such taking shall not
be a ground for rescission of this Contract, The award made upon such taking shall be
deemed to be the Property of the Purchaser, but shall be paid to Seller to the extent of any
amounts then owing under this Contract. A sale of all or any portion of the Property in
lieu of condemnation shall be treated as a condemnation for all purposes of this Section.
Section 9.
Title Insurance (Purchaser's Policy) Seller shall furnish at Seller's expense a
purchaser's title insurance policy in the amount of the full purchase price within 10 days
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after the Closing Date, insuring Purchaser against loss or damage sustained by Purchaser
by reason of the unmarketability of Seller's title, or liens or encumbrances affecting the
Property, excepting matters contained in the usual printed exceptions in such title
insurance policies permitted exceptions referenced in the title report relating to the
Property, and any lien or encumbrance created or suffered by Purchaser.
Section 10. Bargain and Sale Deed At such time as the Purchaser shall have fully paid and
performed this Contract, the Seller shall convey the Property to the Purchaser by statutory
Bargain and Sale Deed, Purchaser specifically agrees to take title subject to all easements
and restrictions affecting the Property. Upon conveyance of the Property to Purchaser,
Purchaser shall pay the incremental cost of upgrading the title insurance policy to a
standard owner's policy in the amount of $319,440,00. Immediately or promptly
following recordation of the Bargain and Sale Deed conveying the Property to Purchaser,
Purchaser shall grant a perpetual, non-exclusive easement back to Seller. The easement
shall relate to use of certain roadways that run over and across the Property and shall be
for the purposes of providing ingress to and egress from real property owned by Seller
that is adjacent to the Property and for conducting certain aspects of Seller's enterprise
that may require use of the roadways and other areas of the Property, including, without
limitation, searching for and apprehending youths. Such easement shall be in a form
satisfactory to Seller and, other than recording fees pertaining to the easement agreement,
shall be at no expense to the Seller.
Section 11. Time of Essence; Remedies; Default
11.1 Time of Essence; Remedies, Time is of the essence of the parties obligations under
this Contract. In the event that Purchaser shall be in default under this Contract, Seller
shall be entitled to pursue any and all remedies at law or in equity, including without
limitation the folloWing remedies (no one of which shall be waived by exercise of
another, and which may be pursued singly, together, or in any order whatsoever):
a. to foreclose this Contract by strict foreclosure in equity;
b. to declare the full unpaid balance of the purchase price (including any late
charges) immediately due and payable;
c. to specifically enforce the terms of this Contract by suit in equity;
d. to declare this Contract to be null and void after notice pursuant to ORS 93.905
through ORS 93,945 to Purchaser in writing of Seller's intention to do so, unless
the performance then due under this Contract is tendered or accomplished prior to
the time stated. Upon recordation of the affidavit required by Oregon law, this
Contract shall be extinguished and canceled, and all of Purchaser's rights under
this Contract shall cease without further act by Seller, Seller shall be entitled to
immediate possession of the property and all payments previously made to. Seller
by Purchaser may be retained by Seller as reasonable rental of the Property up to
the time of default;
e. to bring an action for the unpaid and overdue payments without waiving the
security of the Property, it being agreed that Purchaser's promise to pay the.
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purchase price, except the final payment, is independent of Seller's agreement to
convey title; and
f. to have a receiver appointed to manage the Property, collect the rents and profits
and apply them, at Seller's election, to the unpaid balance of the Contract until
default is cured or to the expenses of use, operation, and management of the
Property .
11,2 Events of Default; Notice, Purchaser shall be in default under this Contract.if
Purchaser fails to perform, or is in violation of any term, covenant or condition of the
Contract, other than making payment within ten (10 ) days after notice that performance
is due or a violation exists. Notice for this purpose shall be deemed to have been given
two days after the deposit in the mail of a certified letter containing said notice and
addressed to Purchaser at the address herein described. If Purchaser shall fail to make
payments as provided in this Contract, and said failure shall continue after payment
becomes due for more than thirty (30) days, then Purchaser shall be deemed in default
and Seller may but shall not be obligated to give notice to Purchaser of said default.
Section 12, Waiver Failure of either party at any time to require performance of any provision of
this Contract shall not limit the party's right to enforce the provision.
Section 13, Prior Agreements This document is the entire, fmal, and complete agreement of the
parties pertaining to the sale and purchase of the Property, and supersedes and replaces all
prior or existing written and oral agreements between the parties of their representatives
relating to the Property.
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Section 14, Notice Any notice under this Contract shall be in writing and shall be effective when
actually delivered in person or two days after being deposited in the U ,S. mail, registered
or certified, postage prepaid and addressed to the party at the address state in this
Contract or such other address as either party may designate by written notice to the
other.
Section 15, Applicable Law The parties agree that the laws of the state of Oregon shall be used in
construing the Contract and enforcing the rights and remedies of the parties hereunder.
Section 16. Number, Gender, and Captions As used herein, the singular shall include the plural,
and the plural the singular. The masculine and neuter shall each include the masculine,
feminine, and neuter, as the context requires. All captions used herein are intended solely
for convenience of reference and shall in no way limit any of the provisions of this
Contract.
Section 17. Survival Any covenant the full performance of which is not required before the closing
or final payment of the purchase price and delivery of the deed, and representations and
warranties contained herein shall survive the closing and the final payment of the
purchase price and the delivery of the deed and be fully enforceable thereafter in
accordance with their terms.
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Section 18, Memorandum of Contract On the Closing Date the parties shall cause a memorandum
of this Contract in the form of the attached Exhibit "C" to be recorded in the real
property records of Marion County, Oregon.
Section 19. Binding Effect The provisions of this Contract shall be binding upon and inure to the
benefit of the parties and their respective successors and permitted assigns,
Section 20. Amendment This Contract may not be modified or amended except by the written
agreement of the parties.
Section 21. Condition of Property Purchaser accepts the Property, the Improvements, and all other
aspects of the Property in their present condition, AS IS, WHERE IS, including latent
defects, without any representations or warranties from Seller, expressed or implied.
Purchaser agrees that Purchaser has ascertained, from sources other than Seller or any
agent or representative of Seller, the condition of the Property and its suitability for
Purchaser's purposes, the applicable zoning, building, housing, and other regulatory
ordinances and laws, and that Purchaser accepts the Property with full awareness of these
ordinances and laws, as they may affect the present or future use of the Property, and
Seller has made no representations or warranties with respect to such condition or the
suitability of the Property or such laws or ordinances.
THE PROPERTY DESCRIBED IN THIS INSlRUMENT MAY NOT BE WITHIN A FIRE
PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO
LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MA Y NOT
AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930 IN ALL ZONES.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE
PROTECTION FOR SlRUCTURES.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the date first-above
written.
SELLER:
By:
irector of Department of Administrative Services
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PURCHASER:
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By:
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Richard Hill, Di ector of Oregon Youth Authority
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CITY OF WOODBURN, an Oregon Municipal Corporation
By:
Nancy A. Kirksey, Mayor
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Exhibit A
LEGAL DESCRIPTION
Purchase Tract
A tract of land being a .portion of that tract of land described in Reel 372, Page 282, located
in the Southwest one-quarter of Section 3, Southeast one-quarter of Section 4, Northeast one-
quarter of Section'9, and the Northwest one-quarter of Section 10, Township 5 South, Range
1 West of the Willamette Meridian, Marion County, Oregon, said tract also being a portion of
MRS. DENNIS - TRACI' located in the Tn.unan Bonney Donation Land Claim No.61 being
more particularly described as follows:
Beginning at a point on the North line of the Christopher C. Cooley Donation Land Claim
No.41, said point being North 89052'42" West, 632.35 feet (West 9.67 chains per MRS.
DENNIS - TRACI' and Reel 372, Page 282) from the Northeast comer of said Christopher C.
Cooley Donation Land Claim 41; thence along said North line North 89052'42- West,
1699.29 feet to a 1 1/4 inch iron pipe; thence continuing along said North line South
89054'51" West, 616.35 feet; thence leaving said North line North 00040'48" West, 1891.76
feet to a point on the North line of said Reel 372, Page 282; thence aIong said North line
South 89046'34" East, 2347.12 feet to the Northeast comer thereof, said comer being North
00016'26" West, 1.00 feet from a steel fence post in concrete; thence along the East line of
said Reel 372. Page 282, also being a Northerly - Southerly fence line, South 00016'26" East,
1885.16 feet (South 28.78 chains per Reel 372, Page 282 and MRS. DENNIS-TRACI') to a
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point in the North line of said Donation Land Claim No.41 anti the Point of Beginning, said
point being South 00016'26" East, 0.99 feet from a steel fence post in concrete, containing
101.0 acres, more or less.
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ATTACHMENT~
Page~ of "
Legal Description and map of Clean-up Site
EXHIBIT "B"
Page 1 of 1
Beginning at the most easterly comer of that tract of land as described in the agreement between the
City of Woodburn and the State of Oregon of July 5. 1977 and passed by Woodburn City Council
with Resolution No. 631 of June 13. 1977; thence north 620 52' 58" west, 685.00 feet, thence north
26045' 23" west 245.00 feet, thence north 000 ()9f 19" east 203.60 feet, thence south 890 51' 41" east
721.28 feet, thence south 000 09' 19" west 732.86 feet more or less to the point of beginning.
.~.._-
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EXHIBIT C
ATTAC~~ENT~
Page of J?
AFTER RECORDING RETURN TO"
Oregon Youth Authority
530 Center S1. NE
Salem, OR 97301-3740
Attn:
if,
Memorandum of Contract of Sale
DATED:
,1997
BETWEEN: STATE OF OREGON, acting by and through its Department of Administrative
Services, by and for the Oregon Youth Authority ("SELLER")
AND:
CITY OF WOODBURN, OREGON
("PURCHASER")
Pursuant to a Land Sale Contract of even date herewith, Seller sold to Purchaser Seller's
equitable interest in that certain property in Marion County, Oregon, more particularly described
on the attached Exhibit A <the "Property"). If not earlier paid, all amounts owed under the Land
Sale Contract shall be due and payable on January 15, 2000. The true and actual consideration for
this conveyance is $319,440. With the exception of the permitted exceptions attached as
Schedule B, Seller's interest in the Property and the obligations owing from Purchaser to Seller
under the Contract of Sale are superior to, and take priority over, all other liens, encumbrances,
exceptions, or charges affecting the Property.
~:r;;ft;:
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING ANY
INTEREST IN OR TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS
30.930.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE
PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND
USE LAWS AND REGULATIONS, WIDCH, IN FARM OR FOREST ZONES, MAY NOT
AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES.
Until a change is requested, all tax statements shall be sent to the following address:
City of Woodburn
c/o Chris Childs, City Administrator
270 Montgomery S1.
Woodburn, OR 97070
g: Ibn ick leI worddatall ndctrct. doc
12
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ATTAC~~ENT~
Page of' 7
IN WITNESS WHEREOF, the parties have caused this memorandum to be executed as of
the day and year first above written.
SELLER:
STATE OF OREGON, acting by and through its Department of
Administrative Services, by and for the Oregon Youth Authority
By: I/e -
Title: Director, Oregon Youth Authority
By:
Title: Dire
PURCHASER:
CITY OF WOODBURN, OREGON
By:
Title: Nancy A. Kirksey, Mayor
'.I..:'~:
STATE OF OREGON )
) ss.
County of Wj4/Uftt1 )
he :t; regoing instrument was ackno
, 1997, by
or of the Department of Administrative Se
.
(O~
OFFICIAL SEAL
"~"': KITSY R. GRIFFITH
,\~'/ NOTARV PUBLIC-OREGON
'. !j". COMMISSION NO. 300980
COMMISSION EXPIRES JUl,V 14, 2001
g: Ibn ick leI worddatallndctrct.doc
13
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ATTACHMENT -4--
page~ of I
STATE OF OREGON
County of f1l tvf'/~
)
) ss.
)
~. _ Ihe fo~egoing instrument was ac1g1pwledg~<} ~~tpre me on this
JMf ~ t;}-?T , 1997, by t::d ~t ill /;
Director of the Oregon Youth Authority, on behalf of the State of Oregon.
Mt~t. Mfh
Notary Public for Oregon
My Commission expires: /6 f. J-Md
/5~ day of
, who is the
OFFICIAL SEAL
THERESA A MATTIS
NOTARY PUBtJC.OREOON
COMMISSION NO. 058342
MY COMMISSION EXPIRES ; 08 2000
STATE OF OREGON )
) ss.
County of )
The foregoing instrument was acknowledged before me on this day of
, 1997, by , who is the
Mayor of the City of Woodburn, an Oregon municipal corporation, on behalf of such corporation.
~;';<:ol<
Notary Public for Oregon
My Commission expires:
g: Ibn icklel worddatallndctrct, doc
14
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ATTACHMENT~
Page...u... of I ,.,
EXHIBIT A
(Page 1 of 2)
LEGAL DESCRIPTION
Purchase Tract
A tract of land being a portion of that tract of land described in Reel 372, Page 282, located in the
Southwest one-quarter of Section 3, Southeast one-quarter of Section 4, Northeast one-quarter of Section
9, and the Northwest one-quarter of Section 10, Township 5 South, Range 1 West of the Willamette
Meridian, Marion County, Oregon, said tract also being a portion of MRS. DENNIS-TRACT located in
the Truman Bonney Donation Land Claim No. 61 being more particularly described as follows:
Beginning at a point on the North line of the Christopher C. Cooley Donation Land Claim No. 41, said
point being North 89052'42" West, 632.35 feet (West 9.67 chains per MRS. DENNIS-TRACT and Reel
372, Page 282) from the Northeast comer of said Christopher C. Cooley Donation Land Claim 41;
thence along said North line North 89052'42" West, 1699.29 feet to a 1 1/4 inch iron pipe; thence
continuing along said North line South 89054'51" West 616.35 feet; thence leaving said North line
North 00040'48" West, 1891.76 feet to a point on the North line of said Reel 372, Page 282; thence
along said North line South 89046'34" East 2347.12 feet to the Northeast comer thereof, said comer
being North 00016'26" West, 1.00 feet from a steel fence post in concrete; thence along the East line of
said Reel 372, Page 282, also being a Northerly - Southerly fence line, South 00016'26" East, 1885.16
feet (South 28.78 chains per Reel 372, Page 282 and MRS. DENNIS-TRACT) to a point in the North
line of said Donation Land Claim No. 41 and the Point of Beginning, said point being South 00016'26"
East, 0.99 feet from a steel fence post in concrete, containing 101.0 acres, more or less.
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