HomeMy WebLinkAbout1999-238 Ins Policy - Oredson 1992 ALTA
Owner's Policy
Ig..myers'Iit|e
Instance ( rporation
NATIONAL HEADQUARTERS
RICHMOND VIRGINIA
Owner's Policy Number
136-01- 39'I-298
SIJIgJI:L'[ FO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITI()NS AND STIPULATIONS. LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company.
msu~[, ~s ,~ Date oi Policy shown in Schedule A, against loss or damage, not exceeding the Amount oi" Insurance stated in Schedule A, sustained
~tl dl~t~rletl r~y thc insured hy reason
I T!l[c ~o lhe estate or interest described in Schedule A being vested 3. Unmarketability of the title;
(,iHt* than as stated therein: 4. Lack of a right of access to and from the land.
2 A~, delL. ct in or lien or encumhrancc on lhe title:
Thc t ,mpm~y will also pay the costs, attorneys' lbes and expenses incurred in defense of the title, as insured, but only to the extent provided in
I ~a~ Xny law. ordinance or governmental regulation {including but not
*.~mcting. regulating, prohibiting or relating to 6) thc occupan
. u~e or enjoyment of the land: (ii) the characler, dimensions
~md !iii~ a separation in ownership or a change in the dimen
t~on ,~r alleged violation aflbcting lhe land has been recorded in
~hc public records at Date of Polic.,,.
q ,t defect, lien or encumbrance resulting from a violation or alleg~
coverage any taking which has oceurred prior to Date of Policy which
wlmld be binding on the rights of a purchaser li.~r value without
3 Defects, liens, encumbrances, adverse claims or other matters:
la) created, suffered, assumed or agreed to by the insured claimant;
lb) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not disclos
ed in writing to the Company by the insured claimant prior to
the date the insured claimant became an insured under this policy;
It) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained
il' the insured claimant had paid value for the estate or interest
insured by this policy.
4 Any claim, which arises out of the transaction vesting in the insured
the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency or similar creditors' rights laws
that is based on:
la) the transaction creating the estate or interest insured by this policy
being deemed a fraudulent conveyance or fraudulent transfer; or
lb} thc transaction creating the estate or interest insured by this policy
being deemed a preferential transfer except where the preferen-
tial transfer results from the failure:
ti) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value
or a .judgment or lien creditor.
CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS
CON NUArlON OF INSURANCE AFTER CONVEYANCE OF TITLE
N07~ * )r CLAIM TO BE GIVEN BY INSURED CLAIMANT
DEF£ NSE AND PROSECUTION OF ACTIONS DUTY OF INSURED
CI AIMAN] 70 COOPERATE
as insured, or to prevent or reduce ross or damage to the insured The Com
pa ny may take any appropriate action under the terms of this pohcy, whether
or not ~t shall be 11able hereunder, and shall not thereby concede I~ab~l~ty or
wa,ye any provrsion of this policy If the Company shall exercise its rights u rider
tho'; paragraph it shall do so diligently
(o) Whenever the Company shall have brought an acbon or interposed
a delense as required or permitted by the provisions of th~s policy the Corn
pany may pursue any litigation lo final determination by a court of com, petent
jur sdichon and expressly reserves the right, in its sole discrebon to appeal
from any adverse iudgment or order
rd) In all cases where this policy permits or requires the Company to pro
secure or provide for the defense of any action or proceeding the insured
shall secure to the Company the right to so prosecute or provide defense
~n the achon or proceeding, and all appeals therein, and permit lhe Corn
pany to use, at ~ts option, the name of the insured for this purpose Whenever
requested by the Company, the insured, at the Company's expense shall
give the Corn pany all reasonable aid ri) in any action or proceeding secu ring
ewdence, obtaining witnesses, prosecuting or defending the action or pro
ceedlng or effechng settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or des,rable to establish the title
to the estate or ~nterest as ~nsured If the Company is preludiced by the fadure
of lhe ~nsured to furnish the required cooperation, the Company's oblige
lJorls to the insured under the policy shall terminate, ~ncludrng any liabihty
or obligahon to defend, prosecute, or continue any litigahon, with regard 1o
the matter or matters requiring such cooperation
5 PROOF OF LOSS OR DAMAGE.
In addition to and afler the notices required under Section 3 of these Con
dltions and Stipulations have been provided the Company, a proof of loss
or damage s~gned and sworn to by the insured claimant shall be furnished
to the Company within 90 days after the insured claimant shall ascertain tile
facls g~wng nse to the loss or damage The proof of loss or damage shall
describe the defect in or lien or encumbrance on the title, or other matter
,nsured against Dy this policy which conshtutes the basts of loss or damage
{~nd shall state to the extent possible the bas,s of caIculahng the amount
of the foss or damage If the Company ~s prejudiced by the failure of the insured
clau¥~ar/t to provide the requ,red proof of loss or damage, lhe Comparw s
o[)hgahons ~o the insured under the pohcy shall terminate, ~nclud~ng any liabdrty
or (~bl~gal~on to defend, prosecute or conhnue any litigation with regard to
r ed ,or ~ably pertain to the loss or damage Further, if requested by any author
f~dent~al hy the insured claimant provided to the Company pursuant to th~s
6 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
(ai To Pay or Tender Payment of the Amount of Insurance
Upon ~e exercrse by the Company of this option all habllty and obicga
(b) To Pay or Otherwise Settle Wilh Parties Other than the Insured
or With the Insured Claimant.
LAWYERS TITLE INSURANCE CORPORATION
SCHEDULE A
Date of Policy: August 19,
Policy No. 13601-391-298
Order No. 88103
1999
at 2:10 P.M.
Amount of
Insurance: $25,000.00
Premium: $205.00
1. Name of Insured:
CITY OF ASHLJtND
2. The estate or interest referred to herein is at Date of Policy vested
in:
CITY OF ASHLAND
3. The estate or interest in the land described herein and which is
covered by this policy is:
A FEE
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 record; 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 record.
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. 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 lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct survey would disclose.
6 Taxes for the fiscal year 1999-2000 are a lien in an amount yet to
be determined, but not yet payable.
~ The assessment and tax rolls disclose that the subject property has
been specially assessed as Forest Land. If the property has become or
becomes disqualified for the special assessment under the statute, an
additional tax may be levied for the last five (5) or lesser number of
years in which the land was subject to the special land use assessment.
~. Any adverse claim based on the assertion that any portion of the
subject property has been created by artificial means or has accreted to
such portions so created, or based upon the provisions of ORS 274.905
through 274.940.
9, Any adverse claim based on the assertion that some portion of the
subject property has been removed from or brought within the property's
boundaries by an avulsive movement of Hamilton Creek, or has been formed
by the process of accretion or reliction.
Order No. 88103 Policy No. 13601-391 298
SCHEDULE B CONTINUED
i0. The rights of fishing, navigation, commerce, flood control,
propagation of anadromous fish, and recreation and other rights of the
public or governmental bodies in and to the waters of Hamilton Creek.
Il. Reservation of "50% of all minerals, oil and gas in or under the
above described land" by the Federal Farm Mortgage Corporation in deed
recorded in Volume 243, page 394 of the Deed Records of Jackson County,
Oregon. Said reservation conveyed te United States of America by Quitclaim
Deed recorded September 12, 1957 in Volume 447, page 10, said Deed Records.
{Affects portion in Section 23)
12. Non-exclusive easement for the installation and perpetual maintenance
of sewer and water lines, electrical and telephone lines, Cable TV, gas,
and irrigation water lines, granted by instrument recorded April 11, 1983
as No. 83-05532 of the Official Records of Jackson County, Oregon, and as
shown on Minor Land Partition No. 10209, filed March 14, 1985 in Volume 6,
page 30 of the "Minor Land Partitions" of Jackson County, Oregon.
13. Road Maintenance Agreement, subject to the terms and provisions
thereof, by and between Vincent Oredson and John Todd, First Party, Ronald
E. Hubbard and Margaret A. Hubbard, Second Party, and David P. Brown and
E1 [zabeth M. Brown, Third Party, recorded April 26, 1983 as No. 83-06413 of
the Official Records of Jackson County, Oregon.
14. "These parcels, at the time of final map recording, have not been
shown to be suitable for development and will require at a minimum,
provision for a potable water supply (both parcels) and sewage disposal
facikities (Parcel No. 1) prior to the issuance of a mobile home setup or
building permit by the Jackson County Department of Planning and
Development", as shown on Minor Land Partition No. 10209, filed March 14,
1985 in Volume 6, page 30 of the "Minor Land Partitions" of Jackson County,
Oregon.
15. Restrictions and Covenants as set out in instruments recorded
September 15, 1983 as No. 83-15766 and August 13, 1992 as NO. 92-24337 of
the Official Records of Jackson County, Oregon. Amended by instrument
recorded October 17, 1983 as No. 83-17765, said Official Records.
16. A perpetual, non-exclusive reservation of easement, subject to the
terms and provisions thereof, for the benefit of Mountain Ranch Development
Company, a partnership consisting of Vincent L. Oredson and John D. Todd,
for ingress and egress, for installation and maintenance of a water
d~version dam, nor more than 3.0 feet high, for installation and perpetual
maintenance of an irrigation water reservoir, and for installation and
perpetual maintenance of an irrigation water line, as set out in deed
recorded September 20, 1983 as No. 83-16082 of the Official Records of
Jackson County, Oregon and as shown on Minor Land Partition No. 10209,
f~led March 14, 1985 in Volume 6, page 30 of the "Minor Land Partitions" of
Jackson County, Oregon.
SCHEDULE B CONTINUED
1'7. Restrictive Covenant, subject to the terms and provisions thereof,
made pursuant to the provisions of the Jackson County Land Development
Ordinance, recorded March 14, 1985 as No. 85-03536, of the Official Records
of Jackson County.
i8. Restrictive Covenant, subject to the terms and provisions thereof,
made pursuant to the provisions of the Jackson County Land Development
Ordinance, recorded June 10, 1991 as No. 91-13111, of the Official Records
of Jackson County.
]9. Easement for an irrigation pipe, 10.0 feet in width, as set out in
Deed recorded June 10, 1991 as No. 91-13112 of the Official Records of
Jackson County, Oregon.
20. A conservation easement, for conservation purposes, subject to the
terms and provisions thereof, set forth in instrument recorded August 19,
1999 as No. 99 43603 of the Official Records of Jackson County, Oregon.
SCHEDULE C
The land referred to in this Policy is described as follows:
Beg.nning at a 1" galvanized iron pipe with a 2-1/2" diameter bronze cap
situated at the north sixteenth corner common to Sections 22 and 23 in
Township 39 South, Range 1 East of the Willamette Meridian in Jackson
Coun%y, Oregon; thence South 00o13'45" East (Government Record North) along
the section line common to said sections, 241.09 feet to a point; thence
leaving said section line, South 64°51' West 247.27 feet; thence South
33°58'45'' West 782.0 feet, more or less, to a point in the west boundary
line of the East Half of the Southeast Quarter of the Northeast Quarter of
said Section 22; thence Northerly along said westerly boundary line, 995.0
feet, more or less, to the northwest corner thereof; thence Easterly along
the northerly boundary line of the Southeast Quarter of the Northeast
Quarter of said Section 22, a distance of 493.0 feet, more or less, to the
center of Hamilton Creek; thence Northeasterly along said creek center
appr~oximately as follows: North 46° East 83.0 feet; thence North 40° East
83.C feet; thence North 32° East 250.0 feet; thence North 9° East 125.0
fee[; 5hence North 20° East 125.0 feet to an angle in said creek centerline
as ~escribed in Document No. 85-03536 of the Official Records of Jackson
County, Oregon; thence leaving said creek centerline South 35°56'16'' East
110.~ feet; thence South 17036'33" West 30.78 feet; thence South 72o23'27"
Eas[ 15.00 feet to the Point of Beginning of the tract described in deed
recorded as No. 85 03601 said Official Records; thence along the westerly
boundary of said described tract South 17036'33'' West 40.00 feet to a 5/8"
iron pin; thence South 9033'56" West 156.005 feet to a 5/8" iron pin;
thence South 17035'55" West 124.22 feet to a 5/8" iron pin; thence South
10o54'05" West 111.05 feet to a 5/8" iron pin witness corner; thence
continue South 10o54'05" West 32.55 feet to intersect the southerly
boundary of the Northwest Quarter of the Northwest Quarter of said Section
23; thence North 89°46'12" West 104.855 feet to the true point of
beginning.
(Code 5-11, Account #1-10250-0, Map ~391E22, Tax Lot #300)
Order No. 88103 Policy No. 13601-391-298
39 IE 2_2
5-8
Sub
5-8
5-11 6.94Ac
5-'8
CONDITIONS AND STIPULATIONS -- CONTINUED
15. LIABILITY LIMITED TO THIS POMCY; POLICY ENTIRE CONTFtACT
(a) Th~s pohcy together w~th all endorsements, if any, attached hereto
by the Company ~s the enbre pohcy and contract between the insured and
the Company In ~nterpretmg any prows~on of [h~s pohcy th~s pohcy shall be
construed as a whole
(b) Any claim of loss or damage, whether or not basdd on neghgence,
and which arises out of the status of the title to the estate or ~nterest covered
hereby or by any action asserfing such claim, shall be restricted to th~s policy
(c) No amendment of or endorsement to th~s policy can be made
except by a wnting endorsed hereon or attached hereto signed by either the
President, a V,ce President, the Secretary, an Assistant Secretary. or vahdahng
officer or authorized s~gnatory of the Company
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under appiicable law, the policy shall be deemed not to include that prow-
s~on and all other provisions shall remain in full force and effect
17, NOTICES, WHERE SENT.
All notices required to be g~n the Company and any statement in
writing required to be furnished the Company shell include the number of this
policy and shall be addressed to the Company at its Corporate Headqce~tsrs
6630 West Broad Street, Richmond, Virginia 23230, Mailing Address: P,O.
Box 27567, Richmond, Virginia 23261, or to the Company at its Pacific States
Office, 55 South Lake Ave. Suite 600, Pasadena, CA 91101.
IN WITNESS WHEREOF, the Company has caused this policy to be signed and sealed, to be valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.
Attesl
Secretary
Countersigned by:
-'"" ~,~u~'~horized ~ff~er or ~gent --
l. u yers de ]nsurance rporatlon
Presidenl
POLICY OF TITLE INSURANCE
A WORD OF THANKS . . .
As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith ~n
Lawyers Title Insurance Corporation
There ~5 no recurring pram,urn
Th~s pohcy provides valuable title protection and we suggest you keep ~t in a safe place where it w~ll be readily available for future reference
If ~'ou have any questions about the protection provided by th~s policy contact the office that issued your policy or you may wr~fe fo
Consumer Affairs Department
u rs' de |.su,ance 6morano.
PO Box 27567
R~chmond V~rgm~a 23261
D£TEFIMINATION, EXTENT OF LIABILITY AND COINSURANCB
o'thepar -~ b~ not all the ~oss shall be computed and self]ed onapro
rata as tO e,~, value on Date of Policy of eaoh separate paroel to the whole,
9 LIMITATION OF LIABILITY
(at If t, u Cot ~pany establishes the htle or removes the alleged delect,
f,ugem mx' er by any method ,nclud~ng I~hgahon and the complehon of
any appea~ ? erefrom ~t shall have fully per for med its obligations with respect
!o that rr atn,, ~r,O shall not be hable for any loss or damage caused Ihereby
st)} I, :' ~ event o~ any I~bgabon, ~nclud~ng lihgat~on by the Company or
CONDITIONS AND STIPULATIONS--CONTINUED
lO REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
12 PAYMENT OF LOSS
(a) No payrnent shall be rTlade wJlho~Jt prod LJcing lh,s pohcy for erqdor hu
Cornpany
hxed ,n accordance with these Condihons and Stipulations the loss or damage
shall be payable within 30 days thereafter
13 SUBROGATION UPON PAYMENT OR SETTLEMENT
(a} The Company's Right of Subrogation.
Whenever the Company shall have settled and pa~d a claim under th~s
policy all nghl of subrogation shall vest in the Company unaffected by any
act el tile ~nsured claimant
The Company shall be subrogated to and be entitled to all ¢~ghls al~d
remedies wh,ch the insured Clalmarql would have had against any person
or iproperty in respecl to the claim had th~s policy r~ot been issued If requested
by the Company the insured claimant shall transfer fo the Company all rights
and remedies against any person or property necessary in order to perfect
th~s right of subrogation The insured claimant shall permit the Company to
sue compromise or settle in the name of the insured (:la~manl and to use
the name of the insured clair)ant ~n any lransaction or htigahon involving these
rights or remedies
If a payment on accounl of a claim does riot fully cover the loss el the
rnsured claimant, the Company shall be subrogated lo these rights and
remedies in Ihe proportion which the Company's payment bears lo lhe whole
amount of Ihe loss
If loss should result from any act of the insu red ola,mant as stated above
that act shall not void th~s policy, but the Company, ~n that event shall be
requested to p ay on ly that part of any losses insured against by thfs pohcy which
shall exceed the amount, if any, lost lo the Company by reason of the ~mpa,r
ment by Ihe ,nsured claimant of the Company's right of subrogahon
(b) The Company's Rights Against Non-insured Obligors
The Company's right of subrogahon against non insured obhgors shall
exist and shall ~nclude, without I~mitalion, the rights of the insured to ~ndem
n~t~es guaranties, other polioes of insurance or bonds, notwRhstandlng any
terms or conditions contained Jn those instruments which provide for subroga
hon nghts by reason of th~s policy
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitrabon Rules of
the American Arbitration Association Arbitrable matters may include, but are
not hmited to, any controversy or claim between the Company and the ~nsured
ans~ng out of or relating to !his policy, any service of the Company ~n connec
hOD with ~ts ~ssuance or the breach of 8 policy prows~on or other obligahon
All arbitrable matters when the Amount of Insurance is $1,000,000 or less
shall be arbitrated al the ophon of e~ther the Company or the ~nsured All
arbitrable matters when the Amount of Insurance ~s in excess el $1,000,000
sharl be arbitrated only when agreed to by both the Company and the insured
Arbitrabon pursuant to this pohcy and under the Rules ~n effect on the dale
the demand for arbitration is made or, at the option of the insured, the Rules
~n effect at Date of Policy shall be b~nding upon the parties The award may
rnclude attorneys' fees only ~f the laws of the state ~n which the land rs located
permit a court to award attorneys' fees to a prevailing party Judgment upon
the award rendered by the Arbitrator(s) may be entered ~n any court having
lunsd~ction thereof
The law of lhe situs of the land shall apply to an arb~Irahon under the
T~tle Insurance Arbitration Rules
A copy of the Rules may be obtained from the Company upon request