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HomeMy WebLinkAbout2017-091 Title Insurance - First American - 321 Helman ~ u ~ ~ f ~ _ Owner's Policy of Title Insurance t• ~ ISSUED BY ~ First American Title Insurance Company m,, . POLICY NUMBER ~ ~ 5011416-2749496 ~~C wners Po 0 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 by law; (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. First American Title Insurance Company .~15 L E I Nf U ~ ' ~ 9q Q ~ ,.~~~~P ORq'. y~ v , o ~ Dennis J. Gilmore r ;SEPTEMBER 24, ; ~ President d~ 19 6 8 ~ ~ + ~ 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) restricting, 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. by governmental authority and created or attaching between Date 2. Rights of eminent domain. This Exclusion does not modify or of Policy and the date of recording of the deed or other instrument limit the coverage provided under Covered Risk 7 or 8. of transfer in the Public Records that vests Title as shown in 3. Defects, liens, encumbrances, adverse claims, or other matters Schedule A. (a) created, suffered, assumed, or agreed to by the Insured 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 Tf•re following 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) ;iInsured 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 party 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. and obligations of the Company to the Insured under this (c) Whenever the Company brings an action or asserts a policy, other than to make the payment required in this defense as required or permitted by this policy, the subsection, shall terminate, including any liability or obligation Company may pursue the litigation to a final determination to defend, prosecute, or continue any litigation. by a court of competent jurisdiction, and it expressly b To Pa or Otherwise Settle With Parties Other Than the reserves the right, in its sole discretion, to appeal any Insured or With the Insured Claimant. adverse judgment or order. 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 obligations to the Insured under this policy for the claimed to the Insured under the policy shall terminate, including loss or damage, other than the payments required to be any liability or obligation to defend, prosecute, or continue made, shall terminate, including any liability or obligation to any litigation, with regard to the matter or matters defend, prosecute, or continue any litigation. requiring such cooperation. (b) The Company may reasonably require the Insured Claimant 8. 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 parry 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 ( ) loss or damage determined either as of the date the provided to the Company pursuant to this Section shall not claim was made by the Insured Claimant or as of the be disclosed to others unless, in the reasonable judgment date it is settled and paid. of the Company, it is necessary in the administration of the c In addition to the extent of liability under (a) and (b), the claim. Failure of the Insured Claimant to submit for Company will also pay those costs, attorneys' fees, and examination under oath, produce any reasonably requested 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 (8J1~09) 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 of 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) ~w _k ~ ~ r r ~-^av~~ -~i~~w Owner's Policy of Title Insurance 5~ ~ ISSUED BY ~~~o-. First American Title Insurance Company le A LICY NUMBER he u PO Sc 2749496 Name and Address of Title Insurance Company: First American Title Insurance Company, l First American Way, Santa Ana, CA 92707. File No.. 7169-2749496 Address Reference: 321 Heiman Street, Ashland, OR Amount of Insurance: $528.00 97520 Premium: $200.00 Date of Policy: April 25, 2017 at 9:55 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 (811/09) Page 6 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) x"~~~= Owner's Policy of Title Insurance ~ T ISSUED BY First American Title Insurance Company I B POLICY NUMBER h ue Sc e 2749496 EXCEPTIONS FROM COVERAGE File No.. 7169-2749496 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 2016-2017 Tax Amount $ 3,394,07 Unpaid Balance: $ 3,394.07, plus interest and penalties, if any Code No.: 5-01 Map & Tax Lot No.: 391E04CC 11400 Property ID No.. 1-004937-5 7. City liens, if any, of the City of Ashland. (NO SEARCH HAS BEEN MADE. If inquiry is desired, please contact your Title Off cer for a lien search) 8. Hold Harmless Agreement, including terms and provisions thereof. Recorded: April 03, 1997 as Document No. 97-11175 9, Easement, including terms and provisions contained therein: Recording Information: April 03,1997 as Document No. 97-11176 For: Access and parking spaces over the Westerly 17 feet for both Parcels 1 & 2 of Partition Plat No. P-22-1997 Form 5011400 (8/109) Page 7 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) 10. Deed of Trust and the terms and conditions thereof. GrantorJTrustor: Michael J Bird and Deborah H Bird, husband and wife Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., MERS solely as a nominee for Freedom Mortgage Corporation dba Freedom Home Mortgage Corporation, its successors and assigns Trustee: Amerititle Amount: $180,000.00 Recorded: May 14, 2012 Recording Information: Document No. 2012-015086 11. Slope Easement, including the terms and provisions thereof, recorded as Document No. 2017- 13686, Official Records, Jackson County, Oregon. Form 5011400 (8/1/09) Page 8 of 8 ALTA Owner's Policy of Title Insurance (6-17-06) EXHIBIT A -Page 1 of i File 18250.005 07!0512016 Permanent Easement for Sidewalks and Slopes A parcel of land lying Parcel No.1 of Partition Plat recorded March ~ 1,1997, as Partition Plat No. P•22.1997 in the Official Records of Jackson County, Oregon, being located in the SW 1I4 of Section 4, Township 39 South, Range 1 East, W.M., said parcel being a portion of that property described in that Statutory Warranty Deed to Michael J. Bird and Deborah H. Bird, husband and wife, as Instrument Number 2012-015085 of the 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 Northeasterly side of the Hersey Street "H" center line, which center line is described as follows: Beginning at center line Station "H" 10+00.00, marked by a 314" iron pipe at the centerline of Hersey Street ~ Main Street in a monument case, said Station being North 70°01'38" West 2,313.47 feet from the Northwest comer of Donation Land Claim No. 42, Township ' 39 South, Range 1 East, W.M.; thence North 74°22'00" East 257.08 feet; thence on a 178.05 foatnon-tangent radius curve right (the long chord of which bears North 70°52'01" East 251.73 feet) 279.56 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 8~ 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 Helman & Hersey Streets; thence South 64°07'53" 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 8~ Oak Street and center line Station "H" 36+73.79, said Station being North 60°30'11" East 47.68 feet from the Southwest comer of Donation, Land Clairn 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 an Northeasterly Side of Center Line "H" 26+65.00 "H" 26+75.00 30.00 in a straight line to 35.00 Bearings are based on Survey Number 21937 as filed in the office of the Jackson County Surveyor. ~ This parcel of land contains 22 square feet, more or less, outside the existing right of way. REGISTERED PROFESSIONAL LAND SURVEY OREGON ru~r iz zoos ~OGAN MIi.ES 65452 5 ;ytieo~ ~ 0 7/os"~~r b EXHfBlT "B" Q<<~`r I • ,i , JEFFERY NAT ETT AND ~ BARBARA E. NA~JI ETT l lnsfr, No. 99-51966 j 9,732, ff2 ~ Rem. ~ A~ , ~ A~ C~F~ r~0 / I ~ 1 t..~ :`~5~ r;r '9~~, ~ J 0 ~ 1 ` " ~ ~1CNAEC J.B1R0 AND i ''~a~,~ r~'~,;,~ DE'BORAN N, BIRD ~ ; t ,,=.t ~ ~ ,~1r~sfr. No.2012-015085 } , ~ 0 rA 3,945 f fz t Rem. , ~ r. if / t, 1. r. r„ S Imo`' + ~ . ~ ' ~ r' r ti REGISi'ERED ! ~ ti PROFESSIONAL. (.AND SLIRVEYdR ~ ,,1z-~~ I OREGON JULY 12► 2045 SCALE I" = 30' I.OGAN ti+IILES 65452 RENEWAL: QEC, 31, 2OlG 30 a5 0 30 FEET JACKSON COUNTY LEGEND Raad MERSEY STREET ~R~, N0. !8250.005 KEY N0, 18250 Perm, Ease. - S;Jewotks & Stapes 22 ff~.t Pt~O`OGt HERSEY STREET SIDEWALK: N ~lA1N TO OAK STREET am►tt~. o mw; a~ aoit Marc xoi t+Gttl: acAtr i~arran s~rwar C 0 UN T Y JACKSON COUNTY u~ xe turxr wnrrr ax a sort ~ sutra mxrryr+ ~IYFK a, ~wAt nwa +crea armr c~a-aas. s+rnri~e S E A E ; 1 "=.~0' ~ A T E : JULY 05, 2016 ~~,~r~+t~+ori ~ u~~ca ~ t~anw~~ E