HomeMy WebLinkAbout2017-088 Title Insurance - First American - 410 Lori Lane
~ : ~ ~~Owner's Policy of Title Insurance
h, t ISSUED BY
~~-~:.:m, ~ First American Title Insurance Company
POLICY NUMBER
~ 5011416-2749484 ,
wners Po ~c
y
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company's insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized bylaw;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized bylaw; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
FirstAmerican Title Insurance Company
/
~~S l E INS ~ L~~
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_ ~ ~ Dennis J. Gilmore
SEPTEMBER 24, ~ 3 ~ President
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f~'~,~cA~lFORN~Q
Timothy Kemp
Secretary
(This Policy is valid only when Schedules A and B are attached) This ]acket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use,
All other uses are prohibited, Reprinted under license from the American Land Title Association
Form 5011400 (8/1/09) Page 1 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
res~ricting,,regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9, Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part
of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of Records at Date of Policy, but Known to the Insured Claimant
this policy, and the Company will not pay loss or damage, costs, and not disclosed in writing to the Company by the Insured
attorneys' fees, or expenses that arise by reason of: Claimant prior to the date the Insured Claimant became an
1. (a) Any law, ordinance, permit, or governmental regulation Insured under this policy;
(including those relating to building and zoning) restricting, (c) resulting in no loss or damage to the Insured Claimant;
regulating, prohibiting, or relating to (d) attaching or created subsequent to Date of Policy (however,
(i) the occupancy, use, or enjoyment of the Land; this does not modify or limit the coverage provided under
(ii) the character, dimensions, or location of any Covered Risk 9 and 10); or
improvement erected on the Land; (e) resulting in loss or damage that would not have been
(iii) the subdivision of land; or sustained if the Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state
or the effect of any violation of these laws, ordinances, or insolvency, or similar creditors' rights laws, that the transaction
governmental regulations. This Exclusion 1(a) does not vesting the Title as shown in Schedule A, is
modify or limit the coverage provided under Covered Risk (a) a fraudulent conveyance or fraudulent transfer; or
5' (b) a preferential transfer for any reason not stated in Covered
(b) Any governmental police power. This Exclusion 1(b) does Risk 9 of this policy.
not modify or limit the coverage provided under Covered 5. Any lien on the Title for real estate taxes or assessments imposed
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or by governmental authority and created or attaching between Date
limit the coverage provided under Covered Risk 7 or 8. of Policy and the date of recording of the deed or other instrument
3. Defects, liens, encumbrances, adverse claims, or other matters of transfer in the Public Records that vests Title as shown in
(a) created, suffered, assumed, or agreed to by the Insured Schedule A.
Claimant;
(b) not Known to the Company, not recorded in the Public
Form 5011400 (8~1~09) Page 2 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
CONDITIONS
1. DEFINITION OF TERMS notice of matters relating to real property to purchasers for
The fol~owing terms when used in this policy mean: value and without Knowledge. With respect to Covered Risk
(a) "Amount of Insurance": The amount stated in Schedule A, 5(d), "Public Records" shall also include environmental
as may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United
policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is located.
10 and 11 of these Conditions. (j) "Title": The estate or interest described in Schedule A.
(b) "Date of Policy": The date designated as "Date of Policy" in (k) "Unmarketable Title": Title affected by an alleged or apparent
Schedule A. matter that would permit a prospective purchaser or lessee of
(c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the
company, or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual
(d) "Insured":The Insured named in Schedule A. condition requiring the delivery of marketable title.
(i) The term "Insured" also includes 2. CONTINUATION OF INSURANCE
(A) successors to the Title of the Insured by The coverage of this policy shall continue in force as of Date of
operation of law as distinguished from purchase, Policy in favor of an Insured, but only so long as the Insured
including heirs, devisees, survivors, personal retains an estate or interest in the Land, or holds an obligation
representatives, or next of kin; secured by a purchase money Mortgage given by a purchaser from
(B) successors to an Insured by dissolution, merger, the Insured, or only so long as the Insured shall have liability by
consolidation, distribution, or reorganization; reason of warranties in any transfer or conveyance of the Title.
(C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser
another kind of Entity; from the Insured of either (i) an estate or interest in the Land, or
(D) a grantee of an Insured under a deed delivered (ii) an obligation secured by a purchase money Mortgage given to
without payment of actual valuable consideration the Insured.
conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(1) if the stock, shares, memberships, or other The Insured shall notify the Company promptly in writing (i) in
equity interests of the grantee are wholly- case of any litigation as set forth in Section 5(a) of these
owned by the named Insured, Conditions, (ii) in case Knowledge shall come to an Insured
(2) if the grantee wholly owns the named hereunder of any claim of title or interest that is adverse to the
Insured, Title, as insured, and that might cause loss or damage for which
(3) if the grantee is wholly-owned by an the Company may be liable by virtue of this policy, or (iii) if the
affiliated Entity of the named Insured, Title, as insured, is rejected as Unmarketable Title. If the Company
provided the affiliated Entity and the named is prejudiced by the failure of the Insured Claimant to provide
Insured are both wholly-owned by the same prompt notice, the Company's liability to the Insured Claimant
person or Entity, or under the policy shall be reduced to the extent of the prejudice.
(4) if the grantee is a trustee or beneficiary of a 4. PROOF OF LOSS
trust created by a written instrument In the event the Company is unable to determine the amount of
established by the Insured named in loss or damage, the Company may, at its option, require as a
Schedule A for estate planning purposes. condition of payment that the Insured Claimant furnish a signed
(ii) With regard to (A), (B), (C), and (D) reserving, proof of loss. The proof of loss must describe the defect, lien,
however, all rights and defenses as to any successor encumbrance, or other matter insured against by this policy that
that the Company would have had against any constitutes the basis of loss or damage and shall state, to the
predecessor Insured. extent possible, the basis of calculating the amount of the loss or
(e) "Insured Claimant": An Insured claiming loss or damage. damage.
(f) "Knowledge" or "Known": Actual knowledge, not 5. DEFENSE AND PROSECUTION OF ACTIONS
constructive knowledge or notice that may be imputed to (a) Upon written request by the Insured, and subject to the
an Insured by reason of the Public Records or any other options contained in Section 7 of these Conditions, the
records that impart constructive notice of matters affecting Company, at its own cost and without unreasonable delay,
the Title. shall provide for the defense of an Insured in litigation in
(g) "Land": The land described in Schedule A, and affixed which any third parry asserts a claim covered by this policy
improvements that by law constitute real property. The adverse to the Insured. This obligation is limited to only those
term "Land" does not include any property beyond the lines stated causes of action alleging matters insured against by
of the area described in Schedule A, nor any right, title, this policy. The Company shall have the right to select
interest, estate, or easement in abutting streets, roads, counsel of its choice (subject to the right of the Insured to
avenues, alleys, lanes, ways, or waterways, but this does object for reasonable cause) to represent the Insured as to
not modify or limit the extent that a right of access to and those stated causes of action. It shall not be liable for and will
from the Land is insured by this policy. not pay the fees of any other counsel. The Company will not
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other pay any fees, costs, or expenses incurred by the Insured in
security instrument, including one evidenced by electronic the defense of those causes of action that allege matters not
means authorized bylaw. insured against by this policy.
(i) "Public Records": Records established under state statutes
at Date of Policy for the purpose of imparting constructive
Form 5011400 (8/1/09) Page 3 of 8 ALTA Owner's Policy of Title Insurance (6-17-06}
CONDITIONS (Continued)
(b) The Company shall have the right, in addition to the 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
options contained in Section 7 of these Conditions, at its TERMINATION OF LIABILITY
own cost, to institute and prosecute any action or In case of a claim under this policy, the Company shall have the
proceeding or to do any other act that in its opinion may be following additional options:
necessary or desirable to establish the Title, as insured, or (a) To Pay or Tender Payment of the Amount of Insurance.
to prevent or reduce loss or damage to the Insured. The To pay or tender payment of the Amount of Insurance under
Company may take any appropriate action under the terms this policy together with any costs, attorneys' fees, and
of this policy, whether or not it shall be liable to the expenses incurred by the Insured Claimant that were
Insured. The exercise of these rights shall not be an authorized by the Company up to the time of payment or
admission of liability or waiver of any provision of this tender of payment and that the Company is obligated to pay.
policy. If the Company exercises its rights under this Upon the exercise by the Company of this option, all liability
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this
defense as required or permitted by this policy, the policy, other than to make the payment required in this
Company may pursue the litigation to a final determination subsection, shall terminate, including any liability or obligation
by a court of competent jurisdiction, and it expressly to defend, prosecute, or continue any litigation.
reserves the right, in its sole discretion, to appeal any (b) To Pay or Otherwise Settle With Parties Other Than the
adverse judgment or order. Insured or With the Insured Claimant.
6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) To pay or otherwise settle with other parties for or in the
(a) In all cases where this policy permits or requires the name of an Insured Claimant any claim insured against
Company to prosecute or provide for the defense of any under this policy. In addition, the Company will pay any
action or proceeding and any appeals, the Insured shall costs, attorneys' fees, and expenses incurred by the
secure to the Company the right to so prosecute or provide Insured Claimant that were authorized by the Company
defense in the action or proceeding, including the right to up to the time of payment and that the Company is
use, at its option, the name of the Insured for this purpose. obligated to pay; or
Whenever requested by the Company, the Insured, at the (ii) To pay or otherwise settle with the Insured Claimant the
Company's expense, shall give the Company all reasonable loss or damage provided for under this policy, together
aid (i) in securing evidence, obtaining witnesses, with any costs, attorneys' fees, and expenses incurred
prosecuting or defending the action or proceeding, or by the Insured Claimant that were authorized by the
effecting settlement, and (ii} in any other lawful act that in Company up to the time of payment and that the
the opinion of the Company may be necessary or desirable Company is obligated to pay.
to establish the Title or any other matter as insured. If the Upon the exercise by the Company of either of the options
Company is prejudiced by the failure of the Insured to
provided for in subsections (b)(i) or (ii), the Company s
furnish the required cooperation, the Company s obligations
to the Insured under the policy shall terminate, including obligations to the Insured under this policy for the claimed
any liability or obligation to defend, prosecute, or continue loss or damage, other than the payments required to be
any litigation, with regard to the matter or matters made, shall terminate, including any liability or obligation to
requiring such cooperation. defend, prosecute, or continue any litigation.
(b) The Company may reasonably require the Insured Claimant DETERMINATION AND EXTENT OF LIABILITY
to submit to examination under oath by any authorized This policy is a contract of indemnity against actual monetary loss
representative of the Company and to produce for or damage sustained or incurred by the Insured Claimant who has
examination, inspection, and copying, at such reasonable suffered loss or damage by reason of matters insured against by
times and places as may be designated by the authorized this policy.
representative of the Company, all records, in whatever (a) The extent of liability of the Company for loss or damage
medium maintained, including books, ledgers, checks, under this policy shall not exceed the lesser of
memoranda, correspondence, reports, e-mails, disks, tapes, (i) the Amount of Insurance; or
and videos whether bearing a date before or after Date of (ii) the difference between the value of the Title as insured
Policy, that reasonably pertain to the loss or damage. and the value of the Title subject to the risk insured
Further, if requested by any authorized representative of against by this policy.
the Company, the Insured Claimant shall grant its (b) If the Company pursues its rights under Section 5 of these
permission, in writing, for any authorized representative of Conditions and is unsuccessful in establishing the Title, as
the Company to examine, inspect, and copy all of these insured,
records in the custody or control of a third party that (i) the Amount of Insurance shall be increased by 10%, and
reasonably pertain to the loss or damage. All information (ii) the Insured Claimant shall have the right to have the
designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not loss or damage determined either as of the date the
be disclosed to others unless, in the reasonable judgment claim was made by the Insured Claimant or as of the
of the Company, it is necessary in the administration of the date it is settled and paid.
claim. Failure of the Insured Claimant to submit for (c) In addition to the extent of liability under (a) and (b), the
examination under oath, produce any reasonably requested Company will also pay those costs, attorneys' fees, and
information, or grant permission to secure reasonably expenses incurred in accordance with Sections 5 and 7 of
necessary information from third parties as required in this these Conditions.
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company
under this policy as to that claim.
Form 5011400 (8/1/09) Page 4 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
CONDITIONS (Continued)
9. LIMITATION OF LIABILITY Association ("Rules'. Except as provided in the Rules, there shall
(a) If ,,the Company establishes the Title, or removes the be no joinder or consolidation with claims or controversies of
alleged defect, lien, or encumbrance, or cures the lack of other persons. Arbitrable matters may include, but are not limited
a right of access to or from the Land, or cures the claim to, any controversy or claim between the Company and the
of Unmarketable Title, all as insured, in a reasonably Insured arising out of or relating to this policy, any service in
diligent manner by any method, including litigation and connection with its issuance or the breach of a policy provision,
the completion of any appeals, it shall have fully or to any other controversy or claim arising out of the transaction
performed its obligations with respect to that matter and giving rise to this policy. All arbitrable matters when the Amount
shall not be liable for any loss or damage caused to the of Insurance is $2,000,000 or less shall be arbitrated at the
Insured. option of either the Company or the Insured. All arbitrable
(b) In the event of any litigation, including litigation by the matters when the Amount pf Insurance is in excess of
Company or with the Company's consent, the Company $2,000,000 shall be arbitrated only when agreed to by both the
shall have no liability for loss or damage until there has Company and the Insured. Arbitration pursuant to this policy and
been a final determination by a court of competent under the Rules shall be binding upon the parties. Judgment
jurisdiction, and disposition of all appeals, adverse to the upon the award rendered by the Arbitrator(s) may be entered in
Title, as insured. any court of competent jurisdiction.
(c) The Company shall not be liable for loss or damage to the 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
Insured for liability voluntarily assumed by the Insured in CONTRACT
settling any claim or suit without the prior written consent (a) This policy together with all endorsements, if any, attached
of the Company. to it by the Company is the entire policy and contract
10. REDUCTION OF INSURANCE; REDUCTION OR between the Insured and the Company. In interpreting any
TERMINATION OF LIABILITY provision of this policy, this policy shall be construed as a
All payments under this policy, except payments made for whole.
costs, attorneys' fees, and expenses, shall reduce the Amount (b) Any claim of loss or damage that arises out of the status of
of Insurance by the amount of the payment. the Title or by any action asserting such claim shall be
11. LIABILITY NONCUMULATIVE restricted to this policy.
The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in
Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person, or
exception is taken in Schedule B or to which the Insured has expressly incorporated by Schedule A of this policy.
agreed, assumed, or taken subject, or which is executed by an (d) Each endorsement to this policy issued at any time is made
Insured after Date of Policy and which is a charge or lien on apart of this policy and is subject to all of its terms and
the Title, and the amount so paid shall be deemed a payment provisions. Except as the endorsement expressly states, it
to the Insured under this policy. does not (i) modify any of the terms and provisions of the
12. PAYMENT OF LOSS policy, (ii) modify any prior endorsement, (iii) extend the
When liability and the extent of loss or damage have been Date of Policy, or (iv) increase the Amount of Insurance.
definitely fixed in accordance with these Conditions, the 16. SEVERABILITY
payment shall be made within 30 days. In the event any provision of this policy, in whole or in part, is
13. RIGHTS OF RECOVERY UPON PAYMENT OR held invalid or unenforceable under applicable law, the policy
SETTLEMENT shall be deemed not to include that provision or such part held to
(a) Whenever the Company shall have settled and paid a be invalid, but all other provisions shall remain in full force and
claim under this policy, it shall be subrogated and entitled effect.
to the rights of the Insured Claimant in the Title and all 17. CHOICE OF LAW; FORUM
other rights and remedies in respect to the claim that the (a) Choice of Law: The Insured acknowledges the Company has
Insured Claimant has against any person or property, to underwritten the risks covered by this policy and
the extent of the amount of any loss, costs, attorneys' determined the premium charged therefor in reliance upon
fees, and expenses paid by the Company. If requested by the law affecting interests in real property and applicable to
the Company, the Insured Claimant shall execute the interpretation, rights, remedies, or enforcement of
documents to evidence the transfer to the Company of policies of title insurance of the jurisdiction where the Land
these rights and remedies. The Insured Claimant shall is located.
permit the Company to sue, compromise, or settle in the Therefore, the court or an arbitrator shall apply the law of
name of the Insured Claimant and to use the name of the the jurisdiction where the Land is located to determine the
Insured Claimant in any transaction or litigation involving validity of claims against the Title that are adverse to the
these rights and remedies. Insured and to interpret and enforce the terms of this
If a payment on account of a claim does not fully cover policy. In neither case shall the court or arbitrator apply its
the loss of the Insured Claimant, the Company shall defer conflicts of law principles to determine the applicable law.
the exercise of its right to recover until after the Insured (b) Choice of Forum: Any litigation or other proceeding brought
Claimant shall have recovered its loss. by the Insured against the Company must be filed only in a
(b) The Company's right of subrogation includes the rights of state or federal court within the United States of America or
the Insured to indemnities, guaranties, other policies of its territories having appropriate jurisdiction.
insurance, or bonds, notwithstanding any terms or 18. NOTICES, WHERE SENT
conditions contained in those instruments that address Any notice of claim and any other notice or statement in writing
subrogation rights. required to be given to the Company under this policy must be
14. ARBITRATION given to the Company at First American Title Insurance
Either the Company or the Insured may demand that the claim Company, Attn: Claims National Intake Center, 1 First
or controversy shall be submitted to arbitration pursuant to the American Way; Santa Ana, CA 92707. Phone: 888-632-
Title Insurance Arbitration Rules of the American Land Title 1642.
Form 5011400 (8~1~09) Page 5 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
4.~~5 ~~~y'-rx ~ y Owner's Policy of Title Insurance
~r~~ ISSUED BY
- ._-m.
First American Title Insurance Company
h I A
Sc e u e
POLICY NUMBER
2749484
Name and Address of Title Insurance Company:
First American Title Insurance Company, i First American Way, Santa Ana, CA 92707.
File No.: 7169-2749484
Address Reference: 410 Lori Lane, Ashland, OR 97520 Amount of Insurance: $1,498.00
Premium: $200,00 Date of Policy: April 25, 2017 at 9:01 AM
1. Name of Insured:
City of Ashland
2, The estate or interest in the land that is insured by this policy is:
an Easement
3. Title is vested in:
City of Ashland
4, The Land referred to in this policy is described as follows:
Form 5011400 (8J1/09) Page 6 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
a h
v
x ~ Owner's Policy of Title Insurance
~
e~~ ~ ISSUED BY
First American Title Insurance Company
I B POLICY NUMBER
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2749484
EXCEPTIONS FROM COVERAGE
File No.. 7169-2749484
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of;
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. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. Taxes for the year 2015-2016
Tax Amount $ 6,654.83
Unpaid Balance; $ 6,654.83, plus interest and penalties, if any
Code No.. 5-01
Map & Tax Lot No.. 391E05DA 301
Property ID No.. 1-005567-7
7. City liens, if any, of the City of Ashland.
(NO SEARCH HAS BEEN MADE. If inquiry is desired, please contact your lit/e O~cer for a
lien search)
8. Easement, including terms and provisions contained therein;
Recording Information; March 28, 1946 as Volume 267, Page 404
In Favor of: The City of Ashland, Oregon
For; Sewer pipe line
Affects; in and across a strip of land 12.0 feet in width
Form 5011400 (8/1/09) Page 7 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
9. Reservation of utilities in vacated street area and the right to maintain the same as set forth in
Ordinance No. 1548, a copy of which was
Recorded January 12, 1968 as Document No. 68-00339.
10. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor; David W. Lively and Beverly J. Lively
Grantee/Beneficiary; Joel M, Drescher and Sarah K. Drescher
Trustee: Oregon Title Insurance Company, an Oregon Corporation
Amount; $300,000.00
Recorded; July 30, 1999
Recording Information; Document No. 99-40153
11. Slope Easement, including the terms and provisions thereof, recorded as Document No. 2017-
13664, Official Records, Jackson County, Oregon. (Affects Parcel 1)
12. Temporary Easement for Work Area (3 years or duration of Project, whichever is sooner), as
shown in Document No. 2017-13664, Official Records, Jackson County, Oregon. (Affects Parcel 2)
13. Unrecorded leases or periodic tenancies, if any.
Form 5011400 (8/1/09) Page 8 of 8 ALTA Owner's Policy of Title Insurance (6-17-06)
. EXH161T A -Page 1 of 2~ I±ile 18250.001
0710512018
Parcel 1-Permanent Easement for Sidewalks and Slopes
A parcel of land lying in the SE114 of Section 5, Township 39 South, Range 1 East, W.M.,
Jackson County, Oregon, said parcel being a portion of that property described in that
Wan~ant Deed to Ronald L. DeLuca and Christina G. DeLuca, as Trustees of the Deluca
Revocable Trust dated March 17,1998 as Instrument Number 01-13748 of tfie Official
Records of Jackson County, Oregon, the said parcel being that portion of said property
included in a strip of land variable in width, lying on the Northerly side of the Hersey Street
"H" center line, which center line is described as follows;
Beginning at cen#er line Station "H" 10+00.00, marked by a 3/4" iron pipe at the centerline
of Hersey Street & Maln Street In a monument case, said Station being North 70°01'38"
West 2,313.47 feet ftom the Northwest corner of Donation Land Claim No. 42, Township
39 South, Range 1 East, W.M.; #hence North 74°22'00" East 257.08 #eet; thence on a
178.05 foot non-tangent radius curve right (the long chord of which bears North 70°52'01"
East 251.73 feet) 279.58 feet; thence South 64°08'55" East 495,55 feet to a 3"brass disk
in a monument case at the centerline intersection of Hersey & Laurel Streets; thence
South 64°08'24" East 672.55 feet to a 3" brass disk in a monument case at the centerline
of intersection Heiman & Hersey Streets; #hence South ~64°O7`53p East 387.75 feet to a
314" Iron Pipe In a monument case at the Intersection of Water & Hersey Streets; thence
North 32°22'48" East 15.37 feet; thence South 63°35'36" East 565.90 feet to a stone with a
chiseled X in a monument case ~at the centerline of Hersey Street & Oak Street and center
line Station "H" 36+73.79, said Station being North 60°30'11" East 47.68 feet from the
Southwest corner of Donation land Claim No. 41, Township 39 South, Range 1 East,
W,M.
The width in feet of said strip of land is as follows;
Station to Station Width on Northerly Side of Center Line
"H" 13+08,00 "H" 13+16.00 41.00 in a straight line to 30.00
Bearings are based on Survey Number 21937 as filed in the office of the Jackson County
Surveyor.
This parcel of land contains 17 square feet, more or less, outside the existing right of way.
E~(HIBiT A -Page 2 of 2 File 18250.00't
07Ip5I2016
Parcel 2 -Temporary Easement #or Work Area (3 years or duration of Project,
whichever is loaner)
A parcel of land Tying in the. SE1/4 of Section 5, Township 39 South, Range 1 East, IN,M.,
Jackson County, Oregon, said parcel being~a portion of that propert~r described in that
Warrant Deed to Ronald L. Deluca and Christina G, DeLuca, as Trustees of the DeLuca
Revocable Trusf dated March 17,1998 as Instrument Number 01-13'48 of the Ufiicial
Records of Jackson Gaunty, Oregon; the said parcel being that portion of said property
included in a strip of land variable in width, lying on the Northerly side of the Hersey Street
"H" center line, which center line is described in Parcel 1;
The width in feet of said strip of land is as follows;
Station to Station Width an Northerly Side of Center Line
"H" 13+11,74 "H" 13+33.00 35.67 in a straight sine to 46.00
"H" 13+33.00 "H" 13+62.00 46,00 in a straight line to 38.00
EXCEPT therefrom Parcel 1
This parcei of land contains 375 square feet, more ar less, outside the existing right of
way,
REGISTERED
PROFESSIONAL
LAND ~SU UR
vREGaIN
~.ac~ iVtiLES
05452
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w
i EXHIBIT "B"
,1
~fST
1 ~°y ~rFs
1 NSF
1 0
1 ~ p~
r w
1, Z wDtr
1 'oD•o
~1 ~
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.
~ RONALD L,DEtUCA AND ~
N cHR1sr1NA c, DELUCA, w ,
rRUSr~FS of .rHE DEL~cA
Q ~
1 REvocAet ~ rRUSr
~1 34.04 DATED ~IARCN 1 T,1998
Ib' 1 /nstr, No. 01-13748 y ~
~ 9,811 f1z * Rem.
VQ i'
1 ~
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1,
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UNIT %y.,~k r6 Q o
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0 4N41~D y N25~,73
S
~ SEA SCREE. ~Z i
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REGISTERED
'c~ PROFESSIONAL,
' SAND SIfRVEYaR
1 A~y~F
N~ANa C l
T~ OF AS aRECON
CI JULY 12, 2aa5
SCALE 1" = 30' LOGAN MILES
65452
30 15 0 30 RENEWAL: DEC. 31, 2016
FEETrj~"rneq(t 7fat'/talb
JACKSON COUNTY LEGEND
ROOd HERSEY STREET Q Perm, Ease. - Sr'Gewolks & Slopes 17 ff2~
ERG. N0. 18250.001 KEY N0. 18250 Q2 remp. Ease. - Work Areo 375 f1z±
Pro ~BCi' NERSEY STREET SlOEWALK: N ~IAlN TO DAK Sl'REET
dw►ar.~oeceum►an~wasa~t.a mx~ aana►sa+uao
COUNTY JACKSON COUNTY """'"u°6~'"°"`Q'°"'~`""~'"~`
fib ,s~~r►r~+~asoaa ~ea~sa-n«sa
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SCALE : IN-3o~ DATE : ~trcr os, 2ar6 ~f~,~,~~~