HomeMy WebLinkAbout1996-184 Insurance Policy - ImperatriceI~wyers~tle Insurance ~rporation
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Imperatrice
SCHEDULE OF EXCLUSIONS FROM COVERAGE
'ils policy does no! in>,urc against loss or damage by reason of the ibllowing:
A1]Xr law. m'dinancc or governmental regulation (inchMing but not limited to buildin,g and zoning ordinances} restrict
ing or reguhding or pn)hibhmg the ~ccupancy. use or enjoymcnl of the hind. or rcgulaling lhc characler.
lhc public rccord~ at die date hcrc
highways. unless ott~crxvisc excepted or excluded herein.
4. l)clL'cis, liens, ci~cuml~ranccs. adverse claims against lhc title as insured {~r other mailers (11 cf-calcd,
U~UI'} of Claill/h of klSkll'k.
7. -('onsulncY eYealii J)l't)/cclitdl." "ii'tii]/ indcnding," or similar lax~.
CONDITIONS AND STIPLII.ATIONS
1. l)l.l,'l\l'll,i)X ()1:
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE A
Date of Policy: April 15, 1996
Policy No. 93-00-028-882
Order No. LP-65935
at 8:35 A.M.
Amount of Insurance: $946,000.00
Premium: $2,024.00
1. Name of Insured:
CITY OF ASHLAND,
a municipal corporation,
2. The estate or interest referred to herein is at Date of Policy vested
in:
CITY OF ASHLAND,
a municipal corporation,
The estate or interest in the land described herein and which is
covered by this policy is:
A FEE
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SCHEDULE B
This policy does not insure against loss or damage, nor against costs,
attorneys' fees or expenses, any or all of which arise by reason of the
matters shown or referred to in this Schedule except to the extent that
the owner of any mortgage or deed of trust is expressly insured on page 1
of this policy.
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
real property or by the public records: proceedings by a public agency
which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by
the public records.
2. Any facts, rights, interests, or claims which are not shown by the
public records but which could be ascertained by an inspection of
said land or by making inquiry of persons in possession thereof.
3. Easement, liens or encumbrances, or claims thereof, which are not
shown by the public records: unpatented mining claims: reservations
or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct survey would disclose.
5. The premises herein described have been zoned or qualified for "Farm
Use" tax assessment. At such time as said land is disqualified for such
"Farm Use", the property will be subject to additional taxes and interest,
and possible statutory penalty.
6. The effect of said property, or any part thereof, lying within the
Talent Irrigation District, and subject to all water and irrigation
rights, easements for ditches and canals, and all regulations of said
District, including any and all assessments, liens and charges assessed,
and to be assessed.
7. Right of way to R.B. Hargadine, record notice of which appears in
Deed recorded April 2, 1880 in Volume 8 page 726 of the Deed Records of
Jackson County, Oregon. (Affects Tracts B, C & E)
8. Right of way for canal and ditch, 50.0 feet wide, and rights in
connection therewith, granted to the Talent Irrigation District, by
instrument recorded March 15, 1923 in Volume 143 page 570 of the Deed
Records of Jackson County, Oregon. (Affects portion of Tracts B & C)
9. Right of way for the transmission and distribution of electricity,
and for other purposes, granted to The California Oregon power Company, a
California corporation, by instrument recorded March 6, 1924 in Volume 149
page 97 of the Deed Records of Jackson County, Oregon. (Affects portion of
Tracts D & E)
Order No. LP-65935
Policy No. 93-00-028-882
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SCHEDULE B CONTINUED
10. Rights of way for the transmission and distribution of electricity,
and for other purposes, granted to The California Oregon Power Company, a
California corporation, by instruments recorded in Volume 168 page 153 and
Volume 256 page 443 of the Deed Records of Jackson County, Oregon. (Affects
Tract A)
11. Rights of way for the transmission and distribution of electricity,
also right to install guys and anchors and for other purposes, granted to
The California Oregon Power Company, a California corporation, by
instruments recorded in Volume 184 page 122 and Volume 440 page 220 of the
Deed Records of Jackson County, Oregon. (Affects portion of Tracts B & C)
12. Ditch right of way, as set forth in deed recorded September 23, 1923
in Volume 195 page 50 of the Deed Records of Jackson County, Oregon.
(Affects portion of Tract E)
13. Right of way for the purpose of the operation, maintenance, repair
and reconstruction of canals, reserved by the Talent Irrigation District,
in deed recorded December 30, 1936 in Volume 210 page 536 of the Deed
Records of Jackson County, Oregon. (Affects portion of Tracts D & E)
14. Perpetual easement for the construction, repair, maintenance and
operation of a 50.0 foot canal, and rights in connection therewith, granted
to the Talent Irrigation District, by instrument recorded in Volume 214
page 303 of the Deed Records of Jackson County, Oregon. (Affects portion of
Tracts B, C & E)
15. Right of way for the Eagle Mill Ditch, record notice of which appears
in Deed recorded June 12, 1943 in Volume 244 page 155 of the Deed Records
of Jackson County, Oregon. (Affects portion of Tracts B, C, D & E)
16. Perpetual easement, and rights in connection therewith, for
underground conduit, cable and other fixtures, granted to The Pacific
Telephone and Telegraph Company a California corporation, by instrument
recorded March 13, 1947 in Volume 280 page 49 of the Deed Records of
Jackson County, Oregon. (Affects portion of Tracts D & E)
17. Perpetual easement, and rights in connection therewith, for
underground conduit, cable and other fixtures, granted to The Pacific
Telephone and Telegraph Company, a California corporation, by instrument
recorded March 13, 1947 in Volume 280 page 50 of the Deed Records of
Jackson County, Oregon. (Affects portion of Tract D)
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SCHEDULE B CONTINUED
18. Right to the use of spring located on said premises, together with
the right of way for pipe line from said spring, and rights in connection
therewith, reserved in deed recorded November 8, 1948 in Volume 308 page
252 of the Deed Records of Jackson County, Oregon. (Affects portion of
Tracts B, C, D & E) .
19. Right of way 100.0 feet wide for the transmission and distribution of
electricity, and for other purposes, also right to install guys and
anchors, granted to The California Oregon Power Company, a California
corporation, by instrument recorded April 24, 1957 in Volume 440 page 499
of the Deed Records of Jackson County, Oregon. (Affects Tract A)
20. Perpetual right of way and easement to construct, reconstruct,
operate and maintain a buried pipeline, for the purposes of conveying water
and rights in connection therewith, granted to the United States of
America, by instrument recorded September 22, 1959 in Volume 479 page 305
of the Deed Records of Jackson County, Oregon. (Affects portion of Tract
D)
21. Access restrictions imposed by Final Judgment rendered September 7,
1966 in the State Circuit Court of Oregon, for Jackson County, under Case
No. 65-342L and recorded in Volume 204 page 654, Circuit Court Journal.
(Affects portions Tracts D & E)
22. "Grantors reserve for themselves, their executors and assigns, an
undivided one-half interest in all gas, oil, and mineral rights which are
now the property of grantors, and which may hereafter revert to grantors,
it being the intention that the other undivided one-half interest in all of
such gas, oil, and mineral rights shall vest in grantees, their successors
and assigns", as set out in deed from Ernest M. Pellkofer et ux, to J.D.
Imperatrice et ux, recorded June 30, 1966 as No. 66-07545 of the Official
Records of Jackson County, Oregon.
23. Perpetual rights and non-exclusive easements to use the roads, as set
out in deed from Marion D. Imperatrice to Richard G. Ireland et ux,
recorded October 15, 1974 as No. 74-13557 of the Official Records of
Jackson County, Oregon.
24. perpetual rights and non-exclusive easements to use the roads, also
the perpetual right of Richard G. Ireland and Gloria S. Ireland, and their
successors in interest to use for all road purposes, and continuation of
right of way, as set out in deed from Marion D. Imperatrice to Alan K.
Smith et ux, recorded October 15, 1974 as No. 74-13559 of the Official
Records of Jackson County, Oregon.
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SCHEDULE B CONTINUED
25. Portion of Tract C is based on acreage. No liability is assumed for
any interest, dispute or claim which may arise relative to the boundary
lines of said description, nor for any state of facts which an accurate
survey might disclose. (Affects portion of Tract C)
26. Grant of Communications Systems Easement, subject to the terms and
provisions thereof" granted to AT&T Communications of the Pacific
Northwest, Inc., a Washington corporation, and recorded September 12, 1988
as No. 88-18995, of the Official Records of Jackson County, Oregon, and as
amended and corrected by instruments recorded January 10, 1989 as No.
89-00598, recorded March 8, 1989 as No. 89-04692, and recorded July 25,
1990 as No. 90-18479, said Official Records. (Affects Tracts C and D)
27. Agreement, subject to the terms and provisions thereof, regarding
fence and boundary line, by and between Marion D. Imperatrice and Christos
Kalemkeris and Dorothy Kalemkeris, husband and wife, recorded June 21,1991
as No. 91-14218, of the Official Records of Jackson County, Oregon.
(Affects the westerly line of Tax Lot 200 of Tract D.)
28. A mutual access and utility easement, as set forth in Agreement
Creating Easement, subject to the terms and provisions thereof, recorded
November 9, 1992 as No. 92-34316, of the Official Records of Jackson
County, Oregon. (Affects the southeast corner of Tract E)
29. Right of Way Agreement, subject to the terms and provisions thereof,
with Pacific Gas Transmission Company, a California corporation, recorded
April 6, 1995 as No. 95-09111 and as No. 95-09112, of the Official Records
of Jackson County, Oregon. (Affects Tracts A and B)
30. Right of Way Agreement, subject to the terms and prov1s1ons thereof,
with Pacific Gas Transmission Company, a California corporation, recorded
April 6, 1995 as No. 95-09113 of the Official Records of Jackson County,
Oregon. (Affects Tracts D & E)
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SCHEDULE C
The land referred to in this Policy is described as follows:
TRACT A: The Southwest Quarter of Section 27 in Township 38 South, Range 1
East of the Willamette Meridian in Jackson County, Oregon.
(Code 5-2, Account #1-9618-5, Map #381E27, Portion Tax Lot #100)
TRACT B: Beginning at the southeast corner of Section 28, Township 38
South, Range 1 East, of the Wi11amette Meridian in Jackson County, Oregon;
thence West, along the the south line of Section 28, a distance of 605.0
feet; thence North, parallel with the east line of Section 28, a distance
of 2630.0 feet; thence East 605.0 feet to said east line; thence South,
along said east line, 2630.0 feet to the Point of Beginning.
(Code 5-2, Account #1-12340-6, Map #381E28, Tax Lot #600)
TRACT C: Beginning at the southeast corner of Section 28 in Township 38
South, Range 1 East of the Wil1amette Meridian in Jackson County, Oregon;
thence West along the south line of said Section, 1650.0 feet; thence North
parallel with the east line of said Section, 2630.0 feet; thence East
1650.0 feet to the east line of said Section; thence South, along said
line, 2630.0 feet to the point of beginning. EXCEPTING THEREFROM the
following: Beginning at the southeast corner of Section 28, Township 38
South, Range 1 East, of the Willamette Meridian in Jackson County, Oregon;
thence West, along the the south line of Section 28, a distance of 605.0
feet; thence North, parallel with the east line of Section 28, a distance
of 2630.0 feet; thence East 605.0 feet to said east line; thence South,
along said east line, 2630.0 feet to the Point of Beginning.
ALSO, the West 60.0 acres of the Southeast Quarter of Section 28 in
Township 38 South, Range 1 East of the Willamette Meridian in Jackson
County, Oregon. ALSO, Tract 15 of "ASHLAND ACRES" in Jackson County,
Oregon, according to the official plat thereof, now of record.
(Code 5-2, Account #1-12339-2, Map #381E28, Tax Lot #5oof
(Code 5-2, Account #1-12341-4, Map #381E28, Tax Lot #700)
TRACT D: Beginning at the northwest corner of Donation Land Claim No. 49 in
Township 38 South, Range 1 East of the Willamette Meridian in Jackson
County, Oregon; thence South 50.0 feet, along the west line of said Claim;
thence East parallel with the north line of said Claim, 2870.0 feet; thence
North 50.0 feet to said north line; thence West, along said line, 2870.0
feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed
to the State of Oregon, by and through its State Highway Commission, by
deed recorded in Volume 530 page 505 of the Deed Records of Jackson County,
Oregon.
ALSO, Tracts 9, 10, 11 and 12 of "ASHLAND ACRES" in Jackson County, Oregon,
Order No. LP-65935
Policy No. 93-00-028-882
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LP-65935 (continued)
according to the official plat thereof, now of record. EXCEPTING therefrom
that portion acquired by the State of Oregon, by and through its State
Highway Commission, by Final Judgment rendered October 16, 1962 in the
Circuit Court of Oregon for Jackson County, under Case No. 61-822L, and
recorded in Volume 170 page 599 of the Circuit Court Journal. ALSO
EXCEPTING therefrom, the following: Beginning at the southwest corner of
said Tract 9; thence North 948.30 feet to the northwest corner thereof;
thence East 567.70 feet; thence South 8045' West 1144.0 feet to the
northerly line of the County Road; thence North 64035' West, along said
line, 429.6 feet to the point of beginning. ALSO EXCEPTING therefrom that
portion acquired by the State of Oregon, by and through its State Highway
Commission, by Final Judgment rendered September 7, 1966 in the Circuit
Court of Oregon for Jackson County, under Case No. 65-342L and recorded in
Volume 204 page 654 of the Circuit Court Journal. ALSO EXCEPTING therefrom
that portion conveyed by Deed recorded February 17, 1967 as No. 67-01380 of
the Official Records of Jackson County, Oregon. ALSO, EXCEPTING THEREFROM
the following: A parcel of land lying in Tracts 8, 9, 11 and 12, ASHLAND
ACRES, Jackson County, Oregon, the said parcel being described as follows:
Beginning at a point opposite and 150 feet Northeasterly of Engineer's
Station 1345+00 on the center line of the relocated Pacific Highway; thence
Southeasterly in a straight line to a point opposite and 200 feet
Northeasterly of Engineer's Station 1350+00 on said center line; thence
Northeasterly in a straight line to a point opposite and 550 feet
Northeasterly of Engineer's Station 1354+00 on said center line; thence
Southeasterly, parallel with said center line to a point opposite
Engineer's Station 1362+00; thence Southeasterly in a straight line to a
point opposite and 152.5 feet Northeasterly of Engineer's Station 1373+00
on said center line; thence Northwesterly in a straight line to a point
opposite and 150 feet Northeasterly of Engineer's Station 1372+00 on said
center line; thence Northwesterly in a straight line to a point opposite
and 180 feet Northeasterly of Engineer's Station 1366+00 on said center
line; thence Northwesterly, parallel with said center line, to a point
opposite Engineer's Station 1363+00; thence Northwesterly in a straight
line, to a point opposite and 170 feet Northeasterly of Engineer's Station
1357+00 on said center line; thence Northwesterly in a straight line to a
pOint opposite and 150 feet Northeasterly of Engineer's Station 1351+00 on
said center line; thence Northwesterly, parallel with said center line, to
the point of beginning.
The center line referred to herein is described as follows:
Beginning at Engineer's center line Station 1345+00, said station
being 1230.70 feet South and 353.36 feet East of the northeast corner
of the John Barrett Donation Land Claim No. 48 in Township 38 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon;
thence South 62021' East 2800 feet to Engineer's center line Station
1373+00.
Bearings are based upon the Oregon Co-ordinate System, South Zone.
ALSO, Beginning at a point which is South 645.00 feet of the northeast
corner of Tract 7 in "ASHLAND ACRES" in Jackson County, Oregon, according
to the official plat thereof, now'of record; thence South 105.00 feet;
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LP-65935 (continued)
thence West 521.30 feet; thence North 0009' East 140.00 feet; thence South
85046' East 500.40 feet to the point of beginning.
(Code 5-8, Account #1-12687-6, Map #381E32, Tax Lot #100)
(Code 5-8, Account #1-12688-4, Map #381E32, Tax Lot #200)
(Code 5-11, Account #1-12360-1, Map #381E32, Tax Lot #200)
TRACT E: Tracts 16, 17, 18, 19 and 20 of "ASHLAND ACRES" in Jackson County,
Oregon, according to the official plat thereof, now of record. EXCEPTING
THEREFROM that portion acquired by the State of Oregon, by and through its
State Highway Commission, by Final Judgment rendered October 16, 1962 in
the Circuit Court of Oregon for Jackson County, under Case No. 61-822L, and
recorded in Volume 170 page 599 of the Circuit Court Journal. ALSO
EXCEPTING therefrom that portion acquired by the State of Oregon, by and
through its State Highway Commission, by Final Judgment rendered September
7, 1966 in the Circuit Court of Oregon for Jackson County, under Case No.
65-342L and recorded in volume 204 page 654 of the Circuit Court Journal.
ALSO EXCEPTING therefrom that portion of Tracts 18, 19 and 20 of "ASHLAND
ACRES" in Jackson County, Oregon, lying Southwesterly of Oregon Interstate
Highway No.5. ALSO EXCEPTING THEREFROM the following: Beginning at the
northeast corner of Tract 17 of "ASHLAND ACRES" in Jackson County, Oregon,
according to the official plat thereof, now of record and which is the
southeast corner of Section 28 in Township 38 South, Range 1 East of the
Willamette Meridian in' Jackson County, Oregon; thence South 1705.00 feet to
the north line of trac~ described in Volume 170 page 567 of the Deed
Records of Jackson Cou~ty, Oregon; thence West 660.00 feet; thence North
1705.00 feet to the no~th line of said Tract 17; thence East 660.00 feet to
the point of beginning!.
ALSO, Beginning at a ppint South 89045' West 40.00 chains from the quarter
corner between Section~ 33 and 34 in Township 38 South, Range 1 East of the
Willamette Meridian in! Jackson County, Oregon; thence North 1485.00 feet;
thence North 89045' Ea~t 440.22 feet to the west line of Tract 17 in
"ASHLAND ACRES" in Jac~son County, Oregon, according to the official plat
thereof, now of record!; thence South, along said line, 1485.00 feet; thence
South 89045' West 440.22 feet to the point of beginning.
(Code 5-8, Account #1-112714-2, Map #381E33, Tax Lot #200)
(Code 5-11, Account #1~12367-6, Map #381E33, Tax Lot #200)
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